Best Drunk Driving Lawyers in Atherton

About Drunk Driving Law in Atherton, Australia

Drunk driving, also called drink driving, is a serious offence in Atherton, Australia, as it is in all parts of the country. If a person is found operating a motor vehicle with a blood alcohol concentration (BAC) equal to or above the 0.05% limit, he or she is considered to be driving under the influence (DUI). A higher BAC attracts a more severe penalty. For people under 25 years or those holding a learner's permit or probationary license, the BAC limit is zero.

Why You May Need a Lawyer

DUI offences can lead to significant penalties including fines, disqualification from driving, and even imprisonment in severe cases. Making sense of the legal implications could be challenging for a layperson. Legal assistance can prove crucial in helping you understand the charges, exploring legal defences, negotiating for lesser penalties, or representing you in court proceedings.

Local Laws Overview

Under the Transport Operations (Road Use Management) Act 1995 of Queensland, DUI offences are classified into different categories based on the BAC level. BAC level between 0.05 and 0.099 is a low-range offence, between 0.1 and 0.149 is a mid-range offence, and 0.15 and above is a high-range offence. The penalties vary based on the range. Repeat offences within a 5-year period attract more severe penalties.

Frequently Asked Questions

What happens if you are caught for the first time?

First offence DUI charges lead to a fine and a licence disqualification between 1 to 9 months, but penalties can be more severe if your BAC level was high.

Can you refuse a breathalyzer test?

Refusing a breathalyzer test can lead to serious penalties including imprisonment and licence disqualification for up to 6 months.

Can a DUI charge affect my employment?

DUI charges can potentially affect your employment, especially if your job requires you to drive or maintain a clean driving record.

Can a DUI charge be fought in court?

Yes, a DUI charge can be contested in a court with the help of an experienced legal professional.

Can a DUI charge be expunged from the record?

Yes, after a predetermined period and under certain conditions, a DUI conviction can be removed from your criminal record.

Additional Resources

You can refer to resources provided by the Queensland Government, Queensland Police, Queensland Courts, and local law libraries for further information on drunk driving laws.

Next Steps

If you require legal assistance for a drunk driving charge, it's best to contact a local lawyer specializing in DUI offences at your earliest convenience. They can guide and represent you through the legal process. Early consultation with an attorney can significantly influence the outcome of your case.