A drink driving charge can be life-altering, impacting your job, finances, and relationships. Losing your license alone can create a domino effect, leading to stress and hardship. But before pleading guilty, know that several defenses might be available in your case.
Disclaimer: The defences described in this article are only a sample of some of the ways in which a PCA charge can be defended. There are many others. In addition, the law is very complex. It is not possible to fully describe a defence in a few lines. Therefore, the descriptions of defences provided here are merely simplified summaries and should not be relied upon in place of competent legal advice.
PCA vs. DUI:
Most “drink driving” charges fall under Prescribed Concentration of Alcohol (PCA) offenses, based on your blood alcohol level at the time of driving. These come in categories ranging from “novice” to “high range,” each with different penalties, including automatic license disqualification.
Challenging the Evidence:
Sometimes, the breathalyser reading might not accurately reflect your true blood alcohol content when driving. Expert analysis can potentially show that the reading was inflated, placing you in a lower offense category or even under the limit.
Honest Mistake Defense:
Did you genuinely believe you were under the limit while driving? Even if you were technically over, you might have a defence if your mistake was honest and reasonable. This defence requires careful legal guidance, but it’s worth exploring.
The Two-Hour Rule:
Police have a two-hour window to conduct a breath analysis after you drive. If they exceed this time-frame, the test results might be inadmissible in court, offering potential defence grounds.
Home Safe Rule:
Breathalysers cannot be legally used on your private property. If you were tested at home, the results might be excluded, weakening the prosecution’s case.
Don’t Face It Alone
These are just some examples, and the legal landscape is complex.
If you have been charged with a drink driving offence, speak to one of our expert criminal and traffic lawyers about your particular circumstances.
Our traffic offence lawyers have successfully represented hundreds of clients in Newcastle, the Hunter and Lake Macquarie who have been charged with DUI offences and are available for urgent on-the-spot advice over the phone on 0425 391 534 or call our office on 02 4058 5844 in person at our office next to the Criminal Court in Hunter Street, Newcastle.
Your first consolation with us is free if you choose not to proceed with us so you have nothing to lose by talking to us, and it may end up saving you a great deal.
