According to the laws set by the Australian Government, both drug driving and drink driving are considered serious offences. If any such case happens, the police and law courts enforce strict laws against the person caught driving in a drunken state. The reason is that drunk or drug driving always increases the chance of a serious accident.
The police departments in the states, including Perth, have increased their number of testings. And as a result, more police cars have also become well equipped to carry out roadside drug testing. So, now there is a higher chance of getting caught and charged with drug or drink driving if you have significantly exceeded the standard limits. These offences lead to serious penalties, and you may have to pay hefty fines, face termination of the licence, and meet criminal conviction or prison time.
If you are charged with any of these offences, we recommend contacting an experienced traffic lawyers Perth who can help you save your licence and prevent the criminal conviction.
- Drink Driving
The main features of the law set to prevent drunk driving are as follows.
- The legal blood alcohol concentration or BAC for learners and professional drivers is 0.00. This limit is also for those drivers who were previously caught drunk driving. For other road users, the limit is 0.05.
- If you are found exceeding these legal limits, you may receive an infringement notice and be called to appear in front of the court later. If your BAC is found to be significantly high, the court may suspend your licence, and you cannot drive on the road afterwards.
- If the court finds you guilty, you may be suspended from driving for at least 2 years. Depending on the offence level, you may be fined enormous and face conviction, for which you may face challenges in your professional career.
- The court may also consider installing an interlock device in your car after the suspension period ends for the licence. It means that you have to provide a BAC sample of limit 0.00 before and during every drive. In the most severe cases, imprisonment may be placed.
- Drug Driving
The main features of the law are as follows.
- You will face serious offence if you drive a motor car while being under the influence of alcohol or drugs. If an illicit substance is found in your body system, you will be considered an offender regardless of the concentration.
- However, you will get the chance to defend yourself if the detected substance is a legal prescription or non-prescription drug or have used it in the correct dosage as per the advice of a doctor.
- Like drunk driving, the penalty for this offence also varies according to the amount of substance detected in the body system of the offender. For the first offence, the offender may face a fine, licence termination, and conviction. And for subsequent crimes, you may face more heavy fines, license disqualification for 2 years, and 18 months of imprisonment.
What Are The Amendments To The Law?
According to the Act, if a driver is found driving while being under the influence of any drug or alcoholic substance, they will not get the proper control of their car. Three provisions are introduced to the law. These provisions are as follows.
- It is illegal to drive while being intoxicated to a particular amount.
- It is unlawful to drive while being impaired by even a legal drug to a specific extent.
- And, it is illegal to refuse a drug or breath test when persuaded by the police.
Why Should You Contact A Lawyer?
In addition to the defence option available under the law, there may also be other options for defence, in which an experienced lawyer can offer you genuine help. Police take strict action to carry out all the procedural and legal processes. And if your rights are affected while taking action, your defence lawyer can raise questions about the procedure. Moreover, other rights associated with the criminal law may help you avoid licence disqualification and imprisonment.
The law on drunk and drug driving are complex and detailed. If the police improperly represent you in court, you may face heavy fines and even prison sentences. Also, you will be prohibited from driving on the road for a considerable period. So, whenever you are charged with drug or drunk driving, you should get in touch with qualified Drug Offence Lawyers.
As the law and the court proceedings are complicated and time-consuming, it is recommended to consult the best lawyer. For qualified traffic lawyers in Perth, you should contact the top-rated law firm based here.