Top Four Drink Driving Facts Explained

Jul 23 2020

You can be jailed for drink driving 

Whilst being sent to jail is usually always the last resort for Magistrates in deciding how to sentence you for drinking, it is possible to be jailed for drink driving and we have seen it many times in various courts across Sydney and New South Wales. If you are in court for your third or fourth drink drive, are on a good behaviour bond or an intensive correction order, our advice would be to bring your toothbrush to court (as you may be going straight to jail). 

What’s the likelihood of getting a section 10 for low range drink driving, mid-range drink driving and high range drink driving

Sections 10’s can be given by a Magistrate across all drink driving charges. However, a Section 10 is aimed at offences deemed trivial in nature. For example, stopping in a no stopping zone at 2 am in a deserted street or going through a red light to avoid a child who has run out in front of you. 

We have had many successes in achieving a section 10 for drink driving across all ranges however they are often inappropriate and a Magistrate will only consider them in limited circumstances.  High range drink driving is such a severe penalty that a section 10 is extremely unlikely to be handed out by a Magistrate.

You can refuse a breath test

You are entitled to refuse a breath test and Police can’t force you to give a sample. However, we strongly suggest not refusing a breath test as the penalty is severe. Refusing a breath test (by not blowing into the device) is the same as high range drinking driving meaning you can be fined up to $3300 and lose your licence for three years.

You can be charged for drink driving without giving a breath test

Police can charge you for drink driving despite not giving a breath test. They do this by charging you for driving under the influence (more commonly known as DUI). To do this, police must prove you appeared to be affected by alcohol at the time, for example, smelling like alcohol and stumbling as you walk or sweating a lot and slurring words.

Getting legal advice as soon as possible for a drink-driving charge is important. Call Maspero Legal today on 02 8052 3322 to discuss your drink driving matter.