Our Result - Drink Driving - 1200052

Reference: 1200052

Charge

1. Charge - Drink Driving Category 2
2. Blood Alcohol Concentration (BAC) of 0.126

Law

Drink driving is a common term used to cover the two offences which relate to drinking and driving. Driving Under the Influence (DUI) and exceeding the Prescribed Concentration of Alcohol in the blood (PCA).

It is an offence to consume more than a specific amount of alcohol and drive a vehicle and, if found guilty of drink driving, you may be disqualified from holding a driver’s licence for up to a period of 3 years. Our criminal lawyers at Caldicott Lawyers are experts all driving matters and specifically in drink driving matters.

Maximum Penalty

The maximum penalty the Court may impose varies depending on your blood alcohol reading and whether or not you have committed this offence before. If your blood alcohol reading was between 0.05 grams and 0.079 grams, the following penalties apply: First Offence $1,100 Automatic disqualification of not less than 3 months 4 incurred Second Offence $1,100 Automatic disqualification of not less than 6 months 4 incurred Third Offence $1,100 Automatic disqualification of not less than 9 months 4 incurred If your blood alcohol reading was between 0.08 grams and 0.149 grams, the following penalties apply: First Offence $1,300 Automatic disqualification of not less than 6 months 5 incurred Second Offence $1,600 Automatic disqualification of not less than 1 year 5 incurred Third Offence $2,200 Automatic disqualification of not less than 2 years 5 incurred If your blood alcohol reading was above 0.15 grams, the following penalties apply: First Offence $1,600 Automatic disqualification of not less than 1 year 6 incurred Second Offence $2,400 Automatic disqualification of not less than 3 years 6 incurred Third Offence $2,900 Automatic disqualification of not less than 3 years 6 incurred It may be possible to reduce these penalties if the offence was trifling.

Penalty Received

Fine $1100 Impound costs $874 Disqualified for 6 months

Circumstances

Broke up with girlfriend of 18 months. Went out for drinks with friends to drown sorrows.  He dropped his friends home from the pub and was picked up drink driving by police on his way home. He needed his licence for job working on vineyards

Suburb where drink driving offence took place: Whites Valley