Drink Driving Matters

There are a number of types of offences which relate to consumption of alcohol. The most common are PCA and DUI offences. There are five separate PCA offences.

The manner in which a court deals with a PCA offence will depend upon the objective and subjective factors applicable to it. Objective factors will include such matters as the manner of driving and how the driver came to the notice of the police, the level of intoxication, whether there was a motor vehicle accident, speed and distance driven before the driver was apprehended and driving record. Subjective factors will include the driver’s employment, need for a licence and character evidence.

A DUI charge usually arises where the police have been unable to take a blood alcohol reading but allege that the driver is under the influence of alcohol. Occupying the driving seat of a motor vehicle and attempting to put the motor vehicle in motion is enough.

Penalties increase where the driver is an habitual offender or commits another “relevant offence” in the period of five years before the conviction.

The court may be addressed in relation to “mitigating factors” and completion by the driver of a traffic offenders program.

It is possible to have your licence returned in certain circumstances which will depend upon the sentence which is handed down by the court, such as “a section 10” and participation in the “interlock program”.

Drivers who are charged with drink driving offences should remember that it is not just a matter of turning up without legal representation with a “she’ll be right” attitude. Drink driving is a criminal offence and socially unacceptable.

For advice regarding drink driving matters contact us.