As the festive season approaches, we hear of an increase in the number of people hiring drink driving lawyers in Melbourne. Often, they have many questions in their mind, such as: What will happen next? Will they lose their license? Can they do anything to improve the outcome?
To make things easier, we’ve put all these questions in one blog. So, if you have recently been caught drinking, please connect with the reputed drink-drive lawyers in your local area. The drink-drive lawyers can answer your questions and represent you throughout the proceedings.
What Are the Legal Limits for Driving Under the Influence of Alcohol?
The legal limit for inhaled alcohol is 35 micrograms per 100 ml of inhaled. In blood, it is 80 mg per 100 ml. In urine, it is 107 micrograms in 100 ml.
How Much Can I Drink and Drive?
It is impossible to say how much you can drink before you cross the legal line. Alcohol affects everyone differently. It all depends on the strength of the alcohol, the amount consumed and the person’s height, weight, sex and body. The drink driving lawyers Melbourne advised you to avoid excess drinking if you have to drive on your own.
What if the Reading Exceeds the Limit?
The roadside test is the primary test. It gives instant results. If it shows that you have exceeded the limit, you will be arrested and taken to the police station for another test. This is known as evidence testing. If this exceeds the limit, you will be formally charged for drunk driving.
What Is the Penalty for Drunk Drivers?
As per the drink-drive lawyers, you will be eligible for 12-month mandatory disqualification from driving. If you have been convicted of an alcohol-related driving offence in the last 10 years, this three-year driving ban is extended. These include driving under the influence of alcohol, driving under the influence of alcohol and failure to sample.
Can Drink Drive Lawyer Reduce the Sentence?
Avail drink-drive lawyers to reduce the length of your sentence by completing a drink driving rehabilitation course at your own expense. If the course is completed successfully, your sentence can be reduced by up to 25%.
Can I Request Extraordinary Hardship?
No, you cannot request exceptional difficulties in case of drunk driving. The extraordinary difficulty occurs when you ask the court not to ban driving as it will harm you / others. However, drink driving lawyers in Melbourne can only request to uplift this ban if you receive 12 points on your license.
Can the Police Request a Breath Test at Any Time?
The police may stop you on the side of the road or come to your home and request a breath test if:
- They assume you are driving
- They think you have committed a traffic crime, or you have been involved in a road traffic accident
This means that, in theory, the police can request a breath test at any time. They do not need to prove that you were driving or that you committed a traffic offence. There must be a ‘belief’ that the above has happened.
Do I Need to Provide Samples if I Am Not Driving?
You must provide a sample even if you are not driving if requested by the police. Remember, the police only need to have a reasonable belief that you were driving. They may assume that, for example, they will see you in the driver’s seat of a vehicle exceeding legal limits. If this happens, the police may ask you to take a breath test. If you refuse, you may be charged with failing to provide a sample – even if you later establish that you were not driving. Contact us now.