Quick Answer: What Is The Procedure For Drink And Drive Case?

Can you get done for drink driving without being Breathalysed?

Can police charge me without a breath test.

Police do have a way to charge people even without a breath test.

This is called a DUI charge, or driving under the influence.

Normally, drink driving charges will be based upon the level of alcohol in your system; for example, low range, mid range or high range..

What is the penalty for drunk driving for the first offense *?

According to the new law, drunken driving penalty has been increased to 6 months imprisonment and/or Rs 10,000 fine for the first offence and 2 years imprisonment and/or fine of Rs 15,000 for second offence.

Can you still drive after being charged with drink driving?

Once the investigation is complete the police will usually detain you until you’ve “sobered up”. If charged with an offence you will most likely be released on bail and asked to appear in court in three to five weeks’ time. You will be allowed to drive once you’re under the prescribed limit.

Is it worth getting a solicitor for drink driving?

You should speak to a solicitor for drink driving if: Your breath alcohol reading is relatively high (90µg/100ml of breath or more), or there are aggravating features making the case more serious. You are at risk of a prison sentence. You are not confident enough to speak in court and put your case.

How many points is it for drink driving?

Steps 1 and 2 – Determining the offence seriousnessLevel of alcoholDisqualification/points60 – 89138 – 206Consider disqualification or 10 points90 – 119207 – 275Consider disqualification up to 6 months or 10 points120 – 150 and above276 – 345 and aboveDisqualify 6 – 12 months (Extend if imposing immediate custody)2 more rows

Do I have to retake driving test after drink driving ban?

New drivers who are convicted of drink driving in their two year probationary period also do not have to automatically re-take their driving test. … Magistrates have the discretion to order a re-test and can order any person who is convicted of drink driving and disqualified to retake their driving test.

How do you fight a drink driving charge?

How to Beat a Drink Driving ChargeHonest and reasonable mistake.Blood alcohol level was lower at the time of driving.Police procedure had not been properly complied with.Police cannot prove that the person was driving or attempting to put the vehicle in motion.

How can police prove drink driving?

The police have the power to require the provision of specimens of breath, blood or urine when investigation whether a drink drive offence has taken place.

Will I go to jail for high range drink driving?

A person found guilty of high range drink driving faces a fine of $3,300 for a first offence and up to $5,500 for a second or subsequent offence. This offence can attract a prison term of up to 18 months for a first offence and up to two years for a second or subsequent offence.

What is the difference between PCA and DUI?

What is the difference between a PCA (‘Prescribed Concentration of Alcohol’) and DUI (‘Driving Under the Influence’) charge? PCA and DUI charges both concern a person who has operated a vehicle on a road related area while under the influence of alcohol.

What is the sentence for drink driving?

Driving or attempting to drive while above the legal limit or unfit through drink. A person could get six months’ imprisonment, an unlimited fine and a driving ban for at least one year (3 years if convicted twice in 10 years). Refusing to provide a specimen of breath, blood or urine for analysis.

How long does drink driving take to go to court?

As a general rule however, suspects can expect to wait around 6 weeks for the analysis of a sample. Once the police have a positive result, then the investigation is complete and a formal charge can be brought. When a suspect is charged the police will release them on bail to attend the Magistrates’ Court.

Should I plead guilty to drink driving?

In NSW (and indeed, in all of Australia), drink driving offences are treated very seriously. … In the vast majority of drink-driving offences, there is no benefit to pleading not guilty. Pleading guilty will result in a discounted penalty.

How long have the police got to charge you with drink driving?

six monthsFor offences of Drink Driving and Driving without Due Care and Attention the police have six months from the date of the alleged offences in which to either charge your son or lay an information at court (i.e. lodge paperwork and request a summons).

What is mid range drink driving?

Mid Range Drink Driving. The offence of mid range PCA is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration from 0.08 to 0.149.