Drink driving, or DUI (Driving Under the Influence), means that the driver's blood alcohol concentration exceeds the statutory standard when driving or trying to drive.
BAC (Blood Alcohol Level) is the amount of alcohol in the blood circulation. In general, this level in the body cannot exceed 0.05%. If you are a Learner driver's license, or an Provisional driver's license (P license), or a driver of a large motor vehicle, such as a truck driver, the BAC value will vary; in these cases, the permitted range will be zero.
When do the police have the right to stop me?
Unlike the United States, which requires police to have reasonable suspicions about drivers, in Australia, police have the right to require drivers to park under any circumstances and to conduct alcohol tests. This is why in Australia, police can use alcohol detectors and random alcohol breath tests without breaking the law.
Which laws deal with drunk driving?
Keep in mind that the regulations relating to drunk driving will change depending on the state or district in which it is located. This is very important. This means that different Australian states and zones have different penalties for drunk driving. Lawyers specializing in defending drunk driving are all over Australia.
In addition to the different elements of the law on which they are based, a number of other factors may also affect the award of punishment, such as:
- The age of the drunk driver;
- Type of driver's license;
- The BAC level of the drunk driver;
- The past illegal record of drunken driving by a drunk driver;
- Other charges against drunk drivers, such as speeding;
- The type of motor vehicle the drunk driver drives, and so on.
If I need a driver's license in my job, will it help ease the drunk driving charges?
Most of Australia's states and territories do not have a working or restricted driver's license. However, there are exceptions in the Australian capital, (ACT), Queensland, (QLD), and Western Australia, (WA). In Western Australia, for example, if a drunk driver's BAC reaches 0.08, his license will immediately expire. This could have an overwhelming impact on self-driving workers, small businesses that need motor vehicles or bus drivers. In New South Wales, in general, you need to defend and revoke charges in court to retain your driver's license.
Whether it's worth defending a drunk driving charge.
Everyone has the right to see the evidence they are charged with in a criminal prosecution, and there will be no penalty if the evidence is insufficient. If you wish to defend your drunk driving charges, the best way is to consult a lawyer to examine the evidence against you.
At the same time, you can prove to the judge that your drunken driving behavior is only accidental, and that the corresponding punishment will have a significant impact on your life. Then, the first time you are accused of drunken driving, you may get a decision to waive the penalty.
Contribution: Sheng Ze law firm, Australia
