Most of the time people do not intentionally put others at risk by driving under the influence of alcohol. I regularly have cases where people have:
- had a couple of drinks with lunch or dinner and felt fine to drive
- have not intended on driving but then plans have changed
- driven the morning after drinking and still been over the limit
- Or simply made a bad decision and taken a chance
How a person’s body processes alcohol is complex. Studies have shown that alcohol affects individuals differently and that so many factors can impact on how alcohol is absorbed in the body (height, weight, whether you ate food, whether you are taking any other medication).
While in the past there were safe drinking “guides” (which many people still mistakenly follow) they are not based on science and SHOULD NOT be followed.
Below is a table setting out the penalties for drink driving offences.
If this is your first middle or high range PCA offence or if you have had any previous PCA offences within the last 5 years the magistrate is required to make an interlock order.
An interlock order disqualifies you for a set period of time after which you are required to drive a vehicle fitted with an interlock device for a set period of time.
An interlock device is a mechanical instrument fitted to your vehicle which is blown into prior starting your car (essentially a breathalyser). You must have zero alcohol in your system for your car to start.
Often people do not realise the potential implications of losing their licence until they are before the court. As there is limited public transport in the Newcastle and Hunter region, a drivers licence is often critical to get to and from work. It is therefore important that you ensure you are addressing everything in the legislation that needs to be addressed, and are putting all the relevant information before the magistrate so you can get the best possible result. There may even be a defence. Give me a call and I can assist you with your matter.
