Drink & Drug Driving

Drink Driving

Exceed Prescribed Limit

Drink driving charges are difficult to defend but not impossible. Certain available full defences (including new and novel defences) include Duress, Necessity, Emergency, Factual Dispute regarding the alleged reading, or most notably procedural disputes and technical errors, both with the procedure at the time and afterwards with the documentation compliance.

In certain circumstances there may be a defence if you have a diagnosed medical condition or take certain medications which may have an interaction or interference with the breath alcohol reading obtained by the device or the medications unknowing effect on your level of intoxication.

A Section 10, or Section 9 Conditional Release Order is the only partial defence available where you are pleading guilty (as it is not a full defence where you plead not guilty to the charges) but it can be sought where you have mitigating circumstances and your offence satisfies certain conditions. These conditions include having a reading below 0.15 and not having had an offence or a section 10 granted in the last five years. Note that although eligibility for a section 10 is listed as below 0.15, it is extremely rare to be granted a section 10 for readings above 0.10. With extremely severe circumstances, it is not impossible however.

It is very important that you seek legal advice regarding your offence if you have any questions or concerns about whether you might have a defence to your charge of drink driving

Refusal Charge

A refusal charge carries a penalty of six months mandatory loss of licence if convicted. Unlike a drink driving charge, this charge has a mens rea element (mental element / conscious awareness) that must be proven which many people are not aware of how to defend. These are very complex matters to defend but with such a heavy penalty for a conviction, it is imperative you seek legal advice to understand whether procedure was followed in the provision of the requirement on you to give a sample of breath.

Some defences to a refusal charge include Improper or Unreasonable Requirement, Factual Dispute, Confusion or Misunderstanding, Reason of Substantial Character, Mental Capacity, or other Procedural Irregularities.

Inquire with us if you have been charged with this offence so we can assess whether a defence is available to you.

Drug Driving

Presence of Drugs in Oral Fluid

Drug driving charges can be difficult to defend but not impossible, and a section 10 is also available to drug driving charges, provided it is your first offence in the last 5 years. Certain available defences (including new and novel defences) include Duress, Necessity, Emergency, Factual Dispute regarding the alleged reading, or most notably procedural disputes and technical errors, both with the procedure at the time and afterwards with the documentation compliance.

In certain circumstances there may be a defence if you are prescribed certain medications which may have an interaction or interference with the substances that show up on the devices. Additionally, you may also have a defence if you believe the test should not have been positive or if you have any belief that the first test should or could have been negative.

Due to certain procedural issues within the police at this time, we strongly recommend you to get in touch with DDD if you have any doubt whatsoever regarding the reading obtained on the Preliminary Oral Fluid Test. Note that even if the secondary test was positive, it is still possible for the preliminary test to have been negative and we can run this defence strongly for you.

It is very important that you seek legal advice regarding your offence if you have any questions or concerns about whether you might have a defence to your charge of drug driving.

Refusal Charge

A refusal charge carries a penalty of six months mandatory loss of licence if convicted. Unlike a drink driving charge, this charge has a mens rea element (mental element / conscious awareness) that must be proven which many people are not aware of how to defend. These are very complex matters to defend but with such a heavy penalty for a conviction, it is imperative you seek legal advice to understand whether procedure was followed in the provision of the requirement on you to give a sample of breath.

Some defences to a refusal charge include Improper or Unreasonable Requirement, Factual Dispute, Confusion or Misunderstanding, Reason of Substantial Character, Mental Capacity, or other Procedural Irregularities.

An additional defence to a refusal charge involving drug driving may apply if you have undertaken the preliminary oral fluid test but have refused the secondary test. If this is the case, you should get in contact with us at your earliest opportunity to discuss your options.