Ellison Moschella & Co – drink driving and drug driving

Contact: (07) 3221 8655 or after hours 24 hours 7 days a week 0403 579 350

 Drink driving and drug driving are serious offences in Australia and need expert legal advice. If you are caught drink driving or drug driving, you may face a traffic conviction and you will have to go to court. In some circumstances, drink driving may also be considered “dangerous driving” which is a criminal offence and can result in imprisonment. At Ellison Moschella & Co, we can provide you with professional, timely drink driving and drug driving advice and help protect your driving record. Punishment could include imprisonment up to 3 months. If the police reasonably suspect you are under the influence of drugs you may be required to undertake a blood test. Penalties for first offenders include fines of up to $1,050 and possible licence suspension for nine months. If you are a second offender and have an outstanding drug driving offence still to be heard in court, you licence may be suspended until the matter is heard or finalised by a court. For more information on these new laws visit us as at Ellison Moschella & Co to speak to a specialised drug driving solicitor in Queensland.

Drink driving laws and drug driving provisions vary between states and territories territories p>

Drink driving limits and drug driving laws may also vary between states and territories. This may be a serious issue for Queensland residents involved in drink driving accidents occurring in another part of the country, with different drink driving laws. You will need the advice of an expert drink driving lawyer to help clarify your rights and under which drink driving law you will be charged.

Will drink driving fines apply even if I am in the car but not driving?

There are some instances you will be faced with drink driving punishment even if you don't drive. For example, you may be facing a drink driving penalty if you are in the driver’s seat and found to be “in charge of the vehicle” by: • attempting to start the vehicle or move it; and/or • sitting in the driver’s seat with the keys in the ignition or nearby. A drink driving fine may also apply if you are in the passenger seat and you don't blow into a breathalyser when instructed by the police.

What to expect if the police ask you to pull over

If you have been stopped by the police in Queensland, you may be instructed to:

• provide your name and contact details;

• show your driver’s licence;

• take a breath test;

• provide a blood test;

• take a breath test at a police station.

If you refuse, you may face a drink driving offence.

Drink driving consequences

If you have been caught drink driving, the police will immediately suspend your licence for 24 hours. If you drive within that 24 hour period, you will have committed the offence of being in possession of a disqualified licence. For serious drink driving offences, the police may suspend your licence for more that 24 hours. Drink driving cases involving increased suspension include:

• drink driving with a BAC of 0.15% or more;

• refusing to give the police a breath or blood test;

• a drink driving second offence while you still have a drink driving charge to be finalised in court.

There are some circumstances where you can obtain a special licence to allow you drive before you go to court.

Is drink driving a criminal offence?

Drink driving laws in Australia are strict and drink driving is categorised as a criminal offence. The laws on drink driving are tough and police take all necessary measures to minimise drink driving statistics of fatalities and crashes. Penalties for drink driving can be serious including drink driving sentences, imprisonment, fines for drink driving, licence suspension and drink driving criminal records. If you are convicted of a drink driving offence in Queensland, you will be disqualified from holding or obtaining a Queensland driver's licence for at least one month. The length of disqualification also depends on the amount you are over the prescribed alcohol limit. It is a drink driving offence to keep a disqualified driver’s licence. Drink driving fines may also apply. Drink driving sentences may also apply for “major offences” or repeat drink driving offences. Under drink driving legislation in Queensland, major offences include having a BAC of 0.15% or more or failing to provide a breath/blood test. If you are convicted of three major offences within five years, then your penalty must include imprisonment. In recent years the Queensland Government has imposed tough new drink driving laws, especially to crack down underage drink driving and teenage drink driving. If you have just obtained your licence, speak to a drink driving solicitor who can clarify your rights under Queensland’s drink driving rules.

 Charged with drink driving?

See a drink driving lawyer today If you have been charged with drink driving, seek the professional advice of a drink driving solicitor immediately. At Ellison Moschella & Co we can:

• provide you with expert drink driving help once we attain your drink driving facts;

• explain your drink driving charge and your rights and obligations under drink driving laws;

• advise whether you are eligible to apply for a special licence;

• explain whether drink driving insurance applies to your drink driving case;

• explain drink driving court procedures and represent you in court where appropriate;

• explain your rights if faced with a drink driving record, drink driving sentence, drink driving accident or serious drink driving car crashes;

• provide timely and professional resolution of your drink driving case;

• explain your drink driving defence and whether you may face a drink driving criminal record; and

• defend your drink driving case and possible drink driving conviction.

Ellison Moschella & Co are expert drink driving and drug driving solicitors in Brisbane. We endeavour to provide cost effective help to defend your drink driving case or drug driving case. So call Philip Anthony or Simon Pattison today at Ellison Moschella & Co for patient, honest and professional advice.

Ph 3221 8655

24hrs 7 days a week call Simon Pattison on 0403 579 350