Protecting Your License and Rights with a Drink-Driving Lawyer in Australia

October 7, 2024    Traffic lawyers Perth
Protecting Your License and Rights with a Drink-Driving Lawyer in Australia

Driving is a serious activity and requires the complete concentration and skill of the driver. Any mistake and lapse in awareness doesn’t take much to cause an accident, resulting in loss of lives or body parts.

The physical and financial damage can occur to you (if you are driving or riding in the car), any other person beside you, or both. You can hire the best traffic lawyers in Perth and possibly get a lighter sentence after committing misdemeanors while driving.

However, driving under the influence (DUI) or, in other words – drunk driving, is a serious offence under Australian law. The impact of drinking has serious consequences on road safety, and 30% of fatal crashes in Australia occur due to driving while drunk.

Incidentally, knowing the laws and regulations can be helpful in managing the probable legal penalties in this matter, so it’s always better to keep in touch with the best drink-driving lawyers in Perth.

What is the primary information?

The Australian federal forces (like the police) use a Breathalyzer to measure the amount of alcohol in your blood. The machine must be blown into, and it can calculate the Blood Alcohol Concentration (BAC) of the person being tested.

As traffic offence lawyers will tell you – it is a crime to drive a car if the BAC in the driver’s breath is higher than the prescribed amount.

According to Australian traffic laws, the maximum BAC in the breath of a person who is or will be driving a car should be 0.05. However, as a drink-driving lawyer will tell you, persons on a zero BAC license – like People driving under a P plate, learner’s permit, or a taxi driver’s license also fall under this rule.

Therefore, it is best to talk with drink-driving lawyers in Perth if you were driving with both alcohol and drugs in your system or if you are a repeat offender under this particular offence.

What do you do if you have to attend court for DUIs?

You must hire and consult with the most proficient traffic lawyers in Perth if you have been charged with drink-driving offences. It helps to take preparation and get all the help you need. You can also read numerous articles on verified sites about court hearings or the preparations you should take.

Your lawyers will argue in your favour, so it depends a lot on your case’s exact circumstances and facts to determine your guilt. You should get the details of the offence presented by the police (it will be in the ‘details of the charge’ section of your charge sheet). It is important in all traffic offences, as the magistrate will refer to it in the courtroom.

The common charges laid by the police are generally two, as mentioned below:

  • Failing a blood or breath test (The police will generally provide blood or breath-sample data that exceeds the prescribed limit within three hours).
  • Driving or managing a motor vehicle with a BAC above the permitted limit.

The police can withdraw the other charge if you plead guilty to one. However, it is the prosecutor’s responsibility (in this case, the police or related legal department) to prove your guilt which means they will have to prove that you were driving a motor vehicle and the alcohol reading was above the legal amount.

What are the penalties for a conviction of DUI?

Generally, the magistrate will cancel your license and ban you from driving for a particular time – although the penalty will depend on your charge and the time the offence occurred. Incidentally, the legal parameters are becoming stringent.

Drivers caught drinking after 29 April 2018 are getting their permits and licenses canceled (if they have one). Moreover, the magistrate can also prohibit you from driving for at least three months, depending on your BAC. So, it’s better to take the help of an experienced drink-driving offence lawyer.

In conclusion

The police can use the BAC test results as long as they comply with the appropriate and standardized testing methods to carry out the test. However, if your drink-driving lawyer challenges the decision and proves that the testing device wasn’t used or functioning properly, the charges wouldn’t stand because of reasonable doubt.

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