Do I Need a Solicitor for a Drink Driving Offence?

Drink Driving is a serious offence that could have some severe consequences if not handled in the right way. A drink driving offence occurs if you are caught driving with a blood-alcohol concentration over the legal limit. You may have some questions regarding the matter, which is why you’ll find some information down below regarding what the penalties are for a drink driving offence, whether you need a solicitor if faced with such charges, what constitutes such charges, existing case studies, and more.

What are the penalties for a drink driving offense?

Many factors determine the severity of the penalties you may receive. The Courts can be tough on drink driving offenders, seeing as many road deaths occur due to drink driving. In Australia, the penalties for a drink driving offence include the following:

  • Suspension of your driver’s license
  • Hefty Fines
  • Imprisonment (for more serious drink driving offences)
  • Demerit points

Do I need a Solicitor for a drink driving offence?

You will have to go to court to face the charges issued against you. In these cases, you should seek assistance from a criminal defence solicitor to plead your case and mitigate any penalty to be imposed by the Court.

What constitutes drink driving charges?

Law enforcement may charge you with drink driving penalties if your blood alcohol concentration tests higher than 0.05%; it is also illegal to refuse to take a breathalyser test if requested by law enforcement officials. There are also some factors that determine the penalties you are dealt, like whether you are a first-time offender, whether you have a valid driver’s license, or still have a learner’s permit.

Existing case studies

A few years ago, a young man who had multiple previous drink driving-related offences was faced with charges and penalties, including imprisonment. The system, however, failed to take into account the fact that the man had underlying mental health issues that had an immediate effect on his offences. After seeking the help of a psychiatrist who did an evaluation and complete report on the individual, Matthew Barnes achieved optimal results for the client and helped him avoid imprisonment.

The TAC has also recently done more in-depth studies regarding drink driving as well as the people involved in these cases; they found that most drink driving offenders share the below characteristics.

  • Most offenders are male, about 84%.
  • The average age of offender’s ranges from 21-29 years old.
  • The most common places where alcohol was consumed before getting in the car was at a friend’s place or home; only second and third was a club or a hotel.
  • Most people’s reason for drink driving was that they were just trying to get home.

The point of the matter is that driving should never be an option if you have consumed alcohol. You can also consider many alternative options to get you where you need to be after drinking to ensure you get to your destination safely and legally. But, if you have been charged with drink driving offences, your best option would be to contact us as soon as possible so we may assist you regarding your options and possible outcomes.

For a free quote on your conveyancing needs, please contact the team at Maguire & McInerney Lawyers on 02-4228 5911.