There are a number of alcohol related driving offences that range from failing to provide a roadside breath specimen to driving or attempting to drive whilst over the prescribed limit. How each offence is committed, the potential defences that may be available and sentencing options for the Court are complex matters. Get informed about how these provisions effect you and the need to obtain legal advice.
Call Holdens today and speak to one of our Traffic Law Specialists.
Police driven initiatives concentrating on drink driving often lead to increasing numbers of drivers finding themselves arrested, providing samples of breath, blood or urine and thereafter being required to attend court.
The alcohol limits are currently:
- 35 microgrammes of alcohol per 100 millilitres of breath
- 80 milligrammes of alcohol in 100 millilitres of blood
- 107 milligrammes of alcohol per 100 millilitres of urine
If you provide a sample with a greater quantity of alcohol than these limits you are likely to be charged and bailed to attend the Magistrates Court.
This is a complex area of law and procedure connected with the obtaining of specimens and the prosecution of the offence at court. Holdens lawyers are trained to evaluate and professionally advise regarding all aspects of the procedure as well as potential sentencing.
- Mandatory disqualification unless special reasons not to. This is a complex area of law and it is advisable to seek specialist advice and representation.
- 12 month minimum disqualification. 36 months if second offence within 10 years.
- Fine – Imprisonment. Max penalty 6 months imprisonment.
- Serious implications for liberty and for licence.
Other drink related offences include:
- Being in charge of a motor vehicle whilst over the prescribed limit.
- Driving whilst unfit through drink or drugs.
- Being in charge of a motor vehicle whilst unfit through drink or drugs.
- Failing to provide a breath specimen.
All are offences that Holdens, Traffic Law Specialists can offer a professional service encompassing – advice, assistance and representation.
FAQs - Drink Driving
You may have available to you the argument of special reasons, i.e that there is a special reason connected with the offence which the court ought properly to take into account when sentencing you. If successful the Court may refrain from the usual mandatory disqualification. The legal principles involved in arguing this in Court are complex and it is recommended that you seek Holdens advice at the earliest opportunity.
The disqualification for drink driving is mandatory and therefore the Magistrates have no option but to disqualify you unless there are special reasons not to. Personal circumstances are unlikely to amount to a special reason however Holdens can provide expert assistance on a case by case basis.
The most serious examples of drink driving may fall within the Legal Aid scheme allowing us to undertake work that is funded publically. Less serious cases will not attract Legal Aid, however Holdens can advise fully as to the applicability of legal aid and where appropriate, provide information on our private fees. For more information please see funding page.