Drink driving is a serious offence that leads to accidents on the road that can seriously injure or even kill a person. The legal consequences of drink driving are intended to reflect the fact that people who drive while under the influence of alcohol put themselves and everyone else on the road around them in danger. Every province in Australia maintains strict drink driving laws to protect drivers and pedestrians.
Laws Related To Drink Driving in Australia
Drink driving in Australia is defined as driving with a blood alcohol content (BAC) above 0.05. This BAC only applies to people who have a full license. Anyone who is operating a vehicle with a learner license or a probationary license may not have a BAC above zero, which means that anyone who does not have a full license cannot operate a vehicle after drinking any amount of alcohol. Anyone who is in a vehicle when a person who has a learner license is driving is not allowed to have a BAC above 0.05.
Some people believe that they are allowed to operate a vehicle when their BAC is above the legal limit if they stay on their personal property. However, Australian laws related to drink driving apply whether a person is on a public road or a private property. Anyone who is asked to take a breathalyser test by a police force member must comply with the request. Failure to comply with such a request is considered to be an offence.
The Penalties For Drink Driving Offences
Penalties related to drink driving in Australia are generally lenient for the first offence, but more serious consequences are realised for any subsequent offences. An infringement notice that requires the payment of a fine is the typical penalty for an initial drink driving offence.
The consequences of drink driving after the first offense vary according to the province in which the offence occurs. However, most of these penalties are similar in nature and based on the BAC of the driver.
A low prescribed concentration of alcohol (PCA) indicates that a driver’s BAC is between 0.05 and 0.08. Drivers who fall into this range will have to pay a fine, and the amount of money that must be paid depends on how many past offences there have been.
A mid-range PCA indicates that the driver’s BAC is between 0.08 and 0.15. The penalties of driving with a BAC is this range start with a hefty fine and suspension of a driving license. Incarceration for a period of nine to 12 months is possible.
A high PCA indicates that the driver’s BAC is above 0.15. This serious offence that threatens the safety of others on the road results in a high fine, immediate licence suspension and significant time spent in jail.
You can find out more about drink driving penalties in Australia by visiting this website of a drink driving Lawyer from Brisbane, and by reading this article on drink driving penalties.
Legal Representation for Drink Driving Offences
Drink driving is a serious offence that results in heavy penalties. People who are facing a court date to determine their penalty for drink driving need to have legal representation. A lawyer with experience in defending clients with drink driving offences is the best choice.