Any individual who is found to be driving a vehicle with a blood alcohol concentration (BAC) over 0.08 and up to 0.149 is charged with Mid Range PCA (Prescribed Concentration of Alcohol). The punishment for this charge varies depending upon whether the individual who is charged is a first-time or repeat offender.
A finding upon an offender for Mid Range PCA attracts a fine of up to $2,200 and/or imprisonment for a period of up to nine months. The offender’s driver’s licence will also be automatically disqualified for any duration lasting between 6 to 12 months.
How can you save yourself from the charges?
There is a general misconception in society that by pleading guilty to an offence will result in more leniency being shown by the court in determining an appropriate form of penalty. However, there are other options that people can pursue to properly defend themselves and be acquitted of the charges laid against them. Given that drink driving offences can sometimes be quite complex and difficult to fight, it is a wise idea to get a competent traffic lawyer who possesses the knowledge and experience that you need to get you out of an offence.
Listed below are some of the arguments that can be made as a defence:
- Claim that your BAC level was lower at the time of driving (you will need to prove this beyond reasonable doubt by using firm evidence).
- You can always challenge the machine used by the police to check your breath analysis. Even though it is almost always accurate, your lawyer can defend you by claiming that your BAC level was different and lesser while you were driving the vehicle. The police usually counteract this argument by placing you under arrest and conducting a further, more accurate test at a police station.
- If a police officer conducts a breath test two hours after a person has driven a vehicle, any evidence gathered as a result of that test will not be admissible in court.
- A police officer cannot request that you take part in a breath test while you are at home. In this context, ‘home’ includes any part of the property, including the driveway.
Always think about the consequences of getting behind the wheel of a vehicle whilst under the influence of alcohol, no matter how much you have consumed. One mistake on the road can not only lead to a criminal conviction against your name, but can also negatively affect your life, as well as the lives of other motorists.
ENGAGE US AS YOUR DRINK DRIVING LAWYERS IN SYDNEY
If you are facing drink driving charges and need help, give us a call at Sydney Traffic Lawyers. We will connect you with a drink driving lawyer in Sydney who can walk you through the basics of your charges and learn more about your case. From there, we will identify and build the best defence possible for your situation. To schedule a consultation today, give us a call on (02) 8059 7121.