DRINK DRIVING (DWI/DUI)

Drink driving is a general expression that covers a variety of offences involving a person who is affected by alcohol or other drugs operating or attempting to operate a vehicle. Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) also refer to the same crime.

Drinking alcohol or taking drugs affects your ability to operate cars, boats or industrial equipment in a safe manner. It is against the law in every State to drive under the influence of alcohol or drugs if you cannot safely operate your vehicle.

If you are convicted of drink driving, the penalties usually involve both licence disqualification and a fine. Repeat offenders face the prospect of jail sentences.

If the police observe you driving erratically or violating traffic laws, they are permitted to stop and question you for a DWI violation. If the police suspect that you are drunk, they can require you to take a breathalyser or other test to measure your blood alcohol content.

Refusal to take a test may result in an automatic suspension of your license for a long period of time, as much as six months or a year, depending upon the State.

MEASURING BLOOD ALCOHOL CONTENT

When you consume alcoholic drinks, alcohol is absorbed into your blood stream. The level of alcohol in your blood, called the Blood Alcohol Content (BAC), can be measured by different tests.

In most states, you are presumed to be drunk and unable to operate a vehicle safely if your BAC is 0.15 or greater. This measurement means that your blood contains fifteen/one-hundredths percent of alcohol. In some States, legislatures have lowered the BAC level defining intoxication to 0.10 or less.

PENALTIES FOR DRINK DRIVING

The penalties likely to be imposed for an offence of drink driving depend in part on whether the offence is classified as a major or minor offence.

There are three forms of major offences:

1. Where your blood alcohol content is equal to or greater than 0.15% (in which case you are said to be "under the influence");
2. Where you are found driving under the influence of some other intoxicating substance, such as an illicit drug; and
3. Where you fail to provide a breath or blood specimen as lawfully required

Importantly, a person may be deemed to be driving under the influence of liquor or drug, independent of a blood alcohol reading, if they display certain observable signs of being under the influence. For example, if your breath, conduct, language and motor movements indicate that you were drunk & unable to drive safely.

Penalties for major offences are likely to include fines from about $1,000 up to $3,000 & involve a minimum licence disqualification period of 6 months. It is also possible for the Magistrate to order a period of imprisonment, however such a penalty is not common for first time offenders.

Minor offences include all offences involving a blood alcohol content reading above the relevant limit but less than 0.15%. First offences generally attract licence disqualification periods from 1 month to 12 months, and fines can range anywhere from just a few hundred dollars up to $2,000. The Magistrate can still impose jail sentences, but such a penalty is generally reserved for repeat offenders.

A drunk driving conviction also causes your automobile insurance premiums to increase dramatically.

In assessing the appropriate penalty for both major and minor offences, the Magistrate will have regard to previous convictions. Those with previous convictions for drink driving will receive heavier penalties and longer disqualification periods.

If it is your third major drink driving offence within a five year period, an automatic jail sentence applies. It is arguable that the term of imprisonment may be suspended in limited circumstances. It is highly recommended that you seek legal advice before dealing with a charge in this circumstance.

If you are convicted of drink driving and therefore disqualified from driving, you may be eligible to make an application for a restricted licence, commonly called a "work licence". If granted, a restricted licence will allow you to drive under strict conditions for work purposes only.

Many people charged with drunk driving request a trial to fight the charge. Legal defences may be raised to defeat the drunk driving charge or reduce the penalties. You will need a lawyer to adequately defend yourself at trial.