If you are being investigated, or prosecuted, for drink driving please contact me today for a free initial discussion.
Driving or being in charge of a vehicle with alcohol over the prescribed limit is an offence. It is dealt with in the Magistrates’ Court. Where the allegation is one of driving the maximum penalty is six months imprisonment and/or a fine with compulsory disqualification of at least 12 months (longer in certain circumstances). Where the allegation is one of being in charge of a vehicle the maximum sentence is three months imprisonment and/or a fine and the court may disqualify.
The offence is committed when a person drives or attempts to drive or is in charge of a motor vehicle on a road or other public place and the proportion of alcohol in their breath, blood or urine exceeds the prescribed limit. The legal limit is 35 mcg. The reading must be at least 40 mcg (in breath) for there to be a prosecution.
The police are required to follow certain procedures when investigating drink driving offences. We can review whether the procedures were followed. There are also a number of defences which may be open to you depending on the circumstances of the case.
There is also an offence of driving or being in charge of a vehicle when unfit due to drink or drugs.
Please contact me today to discuss your case.