Drink Driving

Drivers can be sent to gaol for drink driving.

Thankfully, this is not common for those going to court for the first time.

Gaol sentences for drink driving are usually only imposed where the offence is very serious (for example the driver had a very high reading or crashed their car) or if the driver has record of serious offences.

Even if you fall into one of these categories, it is often possible to argue for an alternative to gaol- but you must be well prepared for your sentence hearing.

If you are concerned that you could be facing a prison sentence for your drink driving case it’s important to contact a lawyer for help.

Yes, drink driving offences are criminal matters. If you are convicted for a drink driving offence, then you will have a criminal record.

If you are guilty of drink driving the only way to avoid a criminal record is to receive a conditional release order (often called a ‘section 10’). This is an order where the magistrate finds you guilty but agrees not to record a conviction.

It is possible for a drink driving charge to be dismissed under section 10.

Achieving a section 10 is the only way to avoid a conviction, a criminal record or licence disqualification if you are guilty of drink driving.

A section 10 is an order where the magistrate finds you guilty of the offence but releases you without a criminal conviction or further punishment. Any operating police licence suspension is also lifted.

If the magistrate dismisses your matter under section 10 you may be required to enter into a conditional release order. This is a good behaviour bond, or promise to the Court, that you will not commit any further offences for a period of time.

There is a misconception that it is easy to get a section 10 for a drink driving charge. Unfortunately this is not true. Magistrates usually only give section 10s for drink driving in unusual cases where there are compelling circumstances.

To get a section 10 for a drink driving charge there needs to be a very good reason why leniency is appropriate in your case. Relevant factors include:

• You have an unusual explanation for why you were drink driving
• A conviction and penalties would have an unusually harsh impact on you
• You have an exceptionally good traffic record
• You are of particularly good character and contribute to the community
• You have a particular need for your licence

Read on for more information about section 10

For an honest assessment of your chances of receiving a section 10 contact us.

With careful preparation and presentation of your case, it is possible to reduce the disqualification period that might otherwise be imposed.

The law specifies a disqualification period for each category of drink driving, but the court is able to lower your time off the road if convinced that it is appropriate.

In the right cases it is even possible to avoid a disqualification entirely if the magistrate agrees to grant a section 10/conditional release order.

• Complete a Traffic Offender’s Program and write a reflection for the court about what you learned
• Collect character references from people who know you well
• Gather evidence of your need for a licence for work, etc
• If there is anything else important about your case gather evidence to prove it, e.g. medical records, if you drove due to urgent circumstances documents to show why, proof of volunteer work you perform etc

You could have a defence to your drink driving charge if:

• There is a problem with the blood alcohol reading
• You have a medical condition that effected your reading
• You weren’t actually driving a vehicle
• You made it home safely

To discuss if you might be able to defend your charge, call us today.

Usually the police suspend a driver’s licence immediately when they are charged with drink driving.

While it is possible to appeal against the immediate police suspension, it is unfortunately very difficult to get your licence back pending our court date.

You can read more about appealing the immediate police suspension [here].

If you need your driver’s licence, please contact us for advice about whether you may qualify to have your licence returned to you.