What to do when caught Driving Under the Influence

Posted on July 26th, 2018 by admin

The way in which you handle being caught driving under the influence can deeply influence the final outcome of the penalty for what you have been charged for. Remember, everyone makes mistakes. This is why we have created this advice for you to follow when you are caught driving under the influence.

Stay calm and follow instructions from the officer

The police have the right to pull you over for a breath test if they think you are driving under the influence, you are involved in an car accident or if they have caught you committing a traffic offense. During this time, do not refuse to take the breath test, as this is a crime in itself and can result in an arrest. Refusing a breath test does not prevent you from being charged for drink driving and will only be added on top of your charges.

What charges you may be looking at

Depending on the level of alcohol you have consumed, you will be looking at different levels of penalties. If charged, your license may be instantly disqualified or suspended with the loss of demerit points and a hefty fine to pay. For more information on penalties for driving under the influence in Victoria, visit our Drink Driving Penalties page.

Low-range drink driving
Low-range drink driving is when a driver has a blood alcohol concentration higher than 0.05% but lower than 0.07%. This applies to drivers under 26, or any driver that holds a zero BAC license such as a learners permit, provisional drivers license, probationary license. Penalties for this offence include a fine, having your permit or license cancelled, being disqualified from driving for 3 months and/or being on an alcohol interlock program for a minimum of 6 months. For full license holder over 26 years of age or a person who is not subject to zero BAC, a low range drink driving offense could result in 10 demerit points and a fine.

Mid-range drink driving
Mid-range drink driving is when a driver has a blood alcohol level higher than 0.07% but lower than 0.15%. This applies to all drivers regardless of what license they hold. Penalties for this offence include receiving a fine, being disqualified from driving for 6 – 14 months, having your license or permit cancelled and being in a alcohol interlock program for a minimum of 6 months. You also may need to go to court.

High-range drink driving
High-range drink driving is when a driver’s blood alcohol level is at 0.15% or higher. This also applies to all driver licenses and permits. For this offence you will need to go to court and the penalties may include a hefty fine, having your license or permit cancelled, disqualification from driving for 15 months minimum, and being on an alcohol interlock program for a minimum of 6 months.

In addition to the above, you may also face other associated drink driving charges such as Driving Under the Influence, Driving within 3 hours of Consuming Intoxicating Liquor, or even Careless or Negligent Driving, so it is extremely important that you speak with a qualified legal expert.

Seek Help from experts

If you need to go to court to face charges of DUI, you will need find the right representation from a lawyer who will help you throughout the entire process. Contact a legal firm that is experienced and specialises in handling court cases to do with driving under the influence. A lawyer who specialises in DUI offences will understand the penalties for your state and be able to help assist you in reducing the charges.

Although not all penalties can be withdrawn a DUI lawyer can help with presenting clients in the positive light to give them the best chance of reducing the penalties incurred.

At Drink Driving Defence Melbourne, we can help represent you in court. As soon as you have a date set for your court appearance in the greater Melbourne region, we will have a lawyer ready to represent you. We pride ourselves for delivering great results for each of our clients and also have honest upfront pricing so you can be at ease when going through this stressful time.

Contact us today to get help from our professional DUI specialist lawyers for your court appearance.