Drink Driving

Many people have seen US films where the sobriety of a driver is tested by 3 standardised tests of impairment – the Horizontal gaze test, the walk and turn test, and the one leg stand. A breathalyser is then administered if the field sobriety tests indicate the need.

Here in Australia, we go straight to the use of a mobile alcotest (Random Breath Test) – RBT) to measure a driver’s blood alcohol content (BAC).

I have had clients with a BAC of 0.1 (twice the “allowed” limit of 0.049) who swear they are not affected by the alcohol that is obviously in their blood stream. Depending on gender, age, weight and metabolism, they may not be physically impaired, but that is not what Australian law measures.

Alcohol is absorbed into your blood, which passes through your lungs, some evaporates and is exhaled, which the roadside RBT detects.

Positive RBT are then confirmed, or not, on evidentiary more accurate machines, usually at the police station.

You have to give consent to an RBT, but refusal usually results in much higher penalties in court such as loss of licence for not less than 12 months. Even if the offence is accepted as being trifling by the court, the length can be reduced but to not less than 1 month.

Driving under the influence (DUI) operates under national road rules adopted by each state and territory, but there are 3 national BAC limits for drivers with a full license.

1. Low level - BAC between 0.05% (0.05 grams of alcohol in 100 millilitres of blood) to 0.079%). Fine is state based but around $1,000; licence disqualification of 3-6 months; criminal conviction; possible ignition interlock; possible traffic offender program participation.
2. Mid range – BAC between 0.08% to 0.149%. Fine is state based but around $2,500.00; immediate licence disqualification for 6-12 months; possible imprisonment up to 9 months; mandatory ignition interlock in most states; alcohol and drug assssment.
3. High range – greater than 0.15%. Fine varies by state but around $5,000.00; immediate licence disqualification for 12 months to indefinite; imprisonment up to 2 years; mandatory ignition interlock minimum 12 months; vehicle impounded and confiscated in some states.

And these penalties are just for a first offence.

Learners and probationary drivers have only one level- no alcohol, BAC of 0.

Repeat offenders usually receive increased fines and longer disqualification; mandatory imprisonment in many cases; extended ignition interlock requirements; vehicle confiscation; intensive supervision and treatment programs.

DON’T DRINK AND DRIVE.

But if you have been stopped by the police and blown over 0.05, call us at Wadlow Solicitors on 08 8212 2955 to assist you through the court process to help you try to obtain the minimum penalty.

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