Meeting with a Sydney Drink Driving Lawyer is the first step in overcoming any driving offence.
For many people their first experience of the criminal justice system is being charged with a drink driving or DUI offence. There is no doubt about it, this can be a very traumatic experience not least because most people will have no idea of what is likely to happen next. This is where a Sydney drink driving lawyer can guide and steer you through the pitfalls and obstacles and generally make things smoother and less stressful for you.
There are many different types of drink driving offences from minor to extremely serious and in this article we will establish the main ones and some of the things you need to consider in each case.
Sydney Drink Driving Lawyer
There are two main charges that can be brought against a driver:
- DUI (Driving under the influence of alcohol) which is employed by the police where there is no blood or breath test to validate the blood alcohol level
- PCA (Prescribed Concentration of Alcohol) where blood or breath tests have been taken. This is how a blood alcohol concentration, such as low, mid or high range can be determined.
With drink driving the police may back up their position with factors other than the alcohol concentration. For example has the driver displayed erratic driving, bleary eyes, a smell of alcohol on the breath, slurred speech, an admission regarding drinking or indeed anything else that may point to the driver being affected by alcohol.
What should I do if I am charged with drink driving?
The best advice is to meet with a Sydney drink driving lawyer as soon as possible and definitely before the court date. If it is not possible to meet then at least be sure to speak over the phone. You can call us now on 1300 123 065.
Do I need to get a drink driving lawyer?
The primary reason for engaging the services of a professional lawyer in Sydney is to be absolutely sure you have explored all avenues that will lead to your case either being dismissed or your offence being minimised. Serious offences can lead to imprisonment. So to make certain that you minimise the possibility of losing your freedom engaging a Sydney drink driving lawyer with experience is a very sensible choice.
If your employment is dependent on your ability to drive, on having a valid driving license then you have an additional concern. The wrong decision at court could lead to you becoming unemployed. Depending on your particular circumstances a Sydney drink driving lawyer is the person best placed to avoid this situation for you.
What are the potential penalties for a drink driving offence?
Courts we attend to defend drink driving offences in Sydney:
- Balmain Court
- Bankstown Court
- Blacktown Court
- Burwood Court
- Camden Court
- Campbelltown Court
- Central Bail Court
- Downing Centre Local Court
- Fairfield Court
- Hornsby Court
- Kogarah Court
- Liverpool Court
- Manly Court
- Mt Druitt Court
- Newtown Court
- North Sydney Court
- Parramatta Court
- Penrith Court
- Ryde Court
- Sutherland Court
- Waverley Court
- Windsor Court
In the event of a DUI charge, the prosecution needs to prove that you were either driving, attempting to drive or were supervising a learner. However they also have to show that one of the following occurred:
- You were under the influence of a drug (including alcohol) described in your court attendance notice; or
- You were under the influence of a combination of any one or more drugs that were described in the court attendance notice
Being charged with a traffic offence like DUI can be stressful. It makes sense to have the right team of lawyers on your side. You will be wanting to put the whole matter behind you as quickly as can be achieved and with the least possible consequence on your life.
A Sydney drink driving lawyer will be able to advise you on all the processes and stages of your case, from choosing whether to plead guilty or not guilty and they will also be there to represent you in court.
Fines and loss of licence, a criminal record and even time behind bars are all possibilities and
the penalties increase for subsequent offences so be sure that you have experience and knowledge on your side.
The right legal representation can reduce the negative consequences for you and may even be able to get a case dropped or thrown out of court.
What should I look for in a DUI lawyer in Sydney?
Regardless of your particular circumstances engaging a DUI lawyer who specialises in drink driving law is a wise decision based on the history of results generally and specifically for your lawyer of choice. What ever your situation it makes sense to be represented by a professional.
With a specific medical condition one is referred to a specialist consultant for that condition. An expert. If you have a drink driving charge why go to someone who has experience in property law and family matters but has done only a few DUI cases when you could go to a specialist drink driving lawyer?
A Sydney drink driving lawyer with experience in multiple cases similar to your own will be familiar with the best way to deal with your case. They will know the ins and outs of how a case can go, the points of law, the options available at any given moment to get you the best possible outcome.
Check their website and don’t be shy to ask them directly for reviews from previous clients.
Pleading not guilty
If you want to plead not guilty then your drink driving lawyer may have ways to challenge police evidence and generally fight your corner legally.
Often the case against someone is far from strong. Your lawyer may be able to write to the police requesting that the charge against you be dropped. Your lawyer can also warn the police that he or she may apply for your legal costs if they refuse to drop your charge and it is later thrown out of court.
If there is no breath test evidence with defined blood alcohol levels, police will need other evidence to prove the charge against you. Furthermore it is necessary that they prove it ‘beyond any reasonable doubt’.
An experienced lawyer is able to challenge the version of events put forward by the police. He or she can point to evidence with inconsistencies or evidence with a lack of sufficient credibility. They can also look to obtain statements from anyone who may have been with you prior to you getting into the vehicle or even with you whilst you were driving.
In the event that a charge is withdrawn then there will be:
- no court hearing
- no fine
- no jail time
- no conviction
- no loss of licence
You will be free from worry and able to resume your life.
If you think the right thing to do is to plead guilty it is still sensible to employ the services of a qualified and experienced drink driving lawyer. It is important to stay positive and discuss with your lawyer how your case can be managed.
You will not necessarily be severely punished. A DUI lawyer with experience will fight to resolve your situation positively. Good outcomes have come in many cases which seemed at first to be hopeless including outcomes where a lawyer has been able to convince the magistrate not to record any conviction at all.
Magistrates have a significant amount of discretion and as such law in this way is not entirely cut and dry and based on measurable facts. Many factors come into play and a skillful lawyer, knowing this, will build a case to this end including the outcome of getting a ‘section 10 order’ and avoiding a conviction and licence disqualification.
If you are charged with drink driving then call an experienced drink driving lawyer. Ask for a free first phone call or appointment in order to discuss your particular circumstances.
We offer an initial free analysis with no obligation on your part to continue. So call us now on 1300 123 065 – at the very least you will have a better idea of the options in front of you.