Criminal Law

Drink Driving Offences

It is an offence to drive, or occupy the seat of a motor vehicle, whilst under the influence of a drug or alcohol. drink driving offences are considered major offences, and if convicted, a period of mandatory license disqualification applies. The Court has the power to reduce or extend the disqualification period as it thinks fit, subject to the minimum and maximum periods outlined under the legislation. Disqualification is in addition to any penalty imposed for the offence. The Court may take into account the effects of disqualification on the drink driving offender when deciding what penalty will be imposed, including a prison term in some circumstances. If conviction occurs, the Court may impose a penalty and disqualify the offender's license. The effect of disqualification cancels the driver's license for as long as the disqualification period applies.

Breath testing is essential to ascertain blood alcohol content, and if a breath test is refused, the driver can be arrested and charged with Fail to Supply Breath Test and/or Fail to Supply a Breath Analysis.

Work licenses are available in certain circumstances to overcome the hardship occasioned by periods of license disqualification. The Court will only grant a work license application if it is satisfied it has received sufficient evidence under the prevailing legislation criteria for eligibility.

If you've been charged with a drink driving offence it can be very stressful, particularly if it is your first offence, so contact us for fast, helpful advice. Our aim is to take the worries away from you and achieve the best possible outcome for you in the circumstances.