On this page:
·Can I Get The Interlock System?
·Can I Go To Prison For High Range Drink Driving?
·Is It Possible That My Blood Alcohol Reading Could Be Lower?
·Would It Be Beneficial To Attend The Traffic Offender Intervention Program?
Can I Get The Interlock System?
Yes – at the discretion of the Court. You can potentially reduce the overall disqualification in return for having a device hard-wired into your car for a specified period of time at a cost to be paid for by you. The device needs to be maintained and you will have to blow into it to demonstrate that your blood alcohol concentration is below 0.02. Call one of our specialists if you want advice about the Interlock Program.
Can I Go To Prison For High Range Drink Driving?
Yes. See our website article on the Guideline Judgment. It is possible to be gaoled even for your first offence although such a penalty is rare. The Court might however impose a direct alternative to imprisonment. Contact one of our criminal law specialists or drink driving lawyers for immediate legal advice.
Is It Possible That My Blood Alcohol Reading Could Be Lower?
Yes. As alcohol is absorbed into the blood system, the reading obviously goes up. It takes between 20 to 40 minutes normally for alcohol to be fully absorbed – depending on a number of factors including whether you have eaten food, your metabolism rate, age, weight, fitness and other factors. If you were detected driving while the alcohol was still in your stomach, and not absorbed, there is the possibility that your reading might have increased by the time you did the breath analysis.
We can advise you of whether or not your circumstances lend themselves to challenging the breath analysis, how much it will cost, how long it will take and exactly what needs to be proved. In some circumstances we are able to establish on the balance of probabilities that your reading was in a lower range than which you were charged – eg. Police may claim that your reading was above 0.150 when in reality it was in the mid range which carries less severe penalties.
Would It Be Beneficial To Attend The Traffic Offender Intervention Program?
Ordinarily yes – the court must take into account the fact that you have successfully completed the program. The Guideline Judgment noted that for high range offenders, ‘participation in the program might have an impact on the amount of the fine and the period of disqualification – and coupled with strong subjective features should allow the court to consider all appropriate options at the time that sentence is handed down.’ The program will also give you insight to avoid further offending.
If you need advice from a criminal defence lawyer, contact one of our criminal law specialists immediately at either our Sydney or our Parramatta offices. Call 1800 NOT GUILTY or fill in our contact form on this page and arrange a free conference with a solicitor today. Contact our specialists right now! 24-hour legal advice 7 days a week.