What to Do If You’re Charged with Drink Driving
What to Do If You’re Charged with Drink Driving
Being charged with drink driving can be a stressful and overwhelming experience. Whether it’s your first offence or you have prior convictions, it’s crucial to understand your rights and the legal process ahead. Seeking immediate legal advice can make a significant difference in the outcome of your case. Cullen Lawyers can guide you through every step, ensuring you get the best possible representation.
What Happens After a Drink Driving Charge?
If you are caught driving over the legal blood alcohol limit, the police may:
- Issue an immediate license suspension (depending on your BAC level).
- Provide you with a notice to appear in court.
- In some cases, detain you at the police station for further processing.
The penalties for drink driving vary depending on the level of alcohol in your system, your driving history, and other circumstances. It is essential to seek legal advice as soon as possible to understand the best course of action.
Steps to Take After Being Charged
1. Do Not Make Any Statements Without Legal Advice
You have the right to remain silent, and it’s generally in your best interest to exercise this right until you have spoken to a lawyer. Any statements made to the police can be used as evidence against you.
2. Contact a Specialist Drink Driving Lawyer
A lawyer specialising in drink driving offences can assess your case, explain your options, and develop a strategy to minimise penalties. Cullen Lawyers offers specialist advice and representation to help you navigate this process.
3. Understand the Possible Penalties
The penalties for drink driving in Queensland depend on several factors, including:
- Your blood alcohol concentration (BAC) at the time of the offence.
- Whether it is your first offence or a repeat offence.
- Whether your license was suspended or if you were driving under an existing suspension.
Penalties may include:
- Fines ranging from hundreds to thousands of dollars.
- License disqualification, which could be temporary or long-term.
- Possible imprisonment, particularly for high-range or repeat offences.
A legal professional can help you understand the likely penalties and potential defences available in your case.
4. Explore Your Legal Defences
Depending on your situation, there may be defences available to reduce or challenge the charge. Possible defences include:
- Faulty breathalyser or blood test results.
- Medical conditions that may have affected the reading.
- Police procedural errors during the arrest or testing process.
Your lawyer can advise you on whether these defences apply to your case.
5. Consider Applying for a Work Licence
If your licence is suspended due to a drink driving charge, you may be eligible to apply for a restricted work licence. This allows you to drive for employment purposes only. However, you must meet specific conditions, including:
- Having a BAC under 0.15 at the time of the offence.
- Holding a valid open licence at the time of the charge.
- Demonstrating that losing your licence would cause severe financial hardship.
It is important to apply for a work licence before your court date, and legal assistance can increase your chances of success.
What Happens in Court?
Drink driving charges are heard in the Magistrates Court. During your hearing, the magistrate will consider:
- The circumstances of your offence.
- Your prior driving history.
- Any mitigating factors, such as good character references or rehabilitation efforts.
Legal representation can help present your case in the best possible light, potentially reducing the severity of your penalty.
Get Specialist Legal Help
Being charged with drink driving doesn’t have to mean the worst-case scenario. By taking the right steps early, you can protect your rights and work towards the best possible outcome.
Cullen Lawyers has extensive experience in defending drink driving charges and securing favourable results for clients. If you need legal advice, call us today on 07 3181 4329 for a confidential consultation.
