The Rules Around Drink Driving Offences

A lot of people think that Drink driving means you have been caught driving while under the influence of alcohol. While that is one part of it there are actually also other series of offences that can fall under the grounds of drink driving charges such as driving under the influence or DUI, refusing a breath test, refusing to give a urine or blood test, drug driving, refusing to go with the police to the station and going over the PCA or prescribed concentration of alcohol. When you are facing such charges you need to look for a drink driving offence lawyer. Here is an overview of what the process looks like.

Understanding criminal liability

When the case is a minor one then it is possible you will face a charge of negligence, but things can become more serious and heading into a criminal case if your drink driving results in someone being seriously injured or killed. There is also the question of whether the driver chose to drive knowing that they were drunk or unable. This could mean more compensation for the victims involved, a longer jail sentence and a bigger court case you need a drink driving lawyer for. Different countries have different laws and approaches to the offence and in Australia even just in the different parts of the country have different standards and laws. Some are less severe and some more. If you are in Victoria for example you can even be charged when you were not the driver, they are a lot more strict there.

Five categories of PCA

There are five categories for PCA offences, high (the most serious) middle, low, special and novice. Depending on where your office falls depends on how long you are disqualified from driving, the fine, the court’s approach and so on. If the police charge you for being over the limit when they pull you over, then your license is suspended automatically for 24 hours. In since cases that suspension is longer than 24 hours and you are not allowed to drive at all until you have been to court with your drink driving offence lawyer. There are some situations where you can apply for a special license to allow you to drive while waiting for the court case to come up.

How to get your driving license back

Getting your driving license back depends on a number of factors, how serious the charge is, who else was impacted, your history, and how good your drink driving lawyer is! There are different steps to take depending on those and other factors so consult with your lawyer. It could be a long time before you get it back.

Summary

There can be serious repercussions for drink driving for understandable reasons. Depending on where you are in Australia you need to know what you are facing. Talk to your lawyer for legal advice. In some situations, they can help to minimise the penalties you might be facing.