Best Drunk Driving Lawyers in Edwardstown

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Stokes Legal

Stokes Legal

Edwardstown, Australia

Founded in 1988
10 people in their team
About Stokes LegalFounded by David and Angela Stokes, Stokes Legal has been providing effective legal solutions, advice and court representation to...
English

About Drunk Driving Law in Edwardstown, Australia

Edwardstown, like the rest of South Australia, mandates strict penalties for drunk driving, also known as Driving Under the Influence (DUI). The laws aim to prevent road traffic accidents and protect public safety. Penalties can range from fines to imprisonment depending on the severity and frequency of the offence. Additionally, the driver may face license disqualification, demerit points, or be directed to complete driver's education or rehabilitation programs.

Why You May Need a Lawyer

Legal representation is vital when facing a DUI charge. Laws regarding drunk driving in Edwardstown can be complex and the consequences of a conviction can be severe. For example, a DUI conviction can lead to criminal records, affecting employment or travel opportunities. An experienced lawyer can assist in navigating these legal complexities, advising on possible defence strategies, helping to mitigate penalties, and ensuring that all legal rights are upheld during the court proceedings.

Local Laws Overview

Drunk driving laws in Edwardstown are governed by the Road Traffic Act 1961 (SA). The legal blood alcohol concentration (BAC) is below 0.05. For learner and provisional license holders, the BAC must be zero. Penalties can include on-the-spot fines, demerit points, license disqualification, and imprisonment, determined based on the BAC level, the driver's license type, and whether it is a repeat offence.

Frequently Asked Questions

What are the penalties for repeat DUI offences?

Penalties for repeat DUI offences are significantly harsher, including longer disqualification periods, heavier fines, and potentially imprisonment, depending on the number of past offences and the level of BAC.

Can DUI charges be defended in court?

Yes, legal defence for DUI charges exists - for instance, if the breath or blood test was incorrectly administered, or if the police didn't follow proper procedure. An experienced lawyer can assist in identifying possible defence points.

What happens if I refuse a breath test?

Refusal to submit to a breath test is a crime in Edwardstown, punishable with similarly severe penalties as a DUI offence.

Can I drive after being charged with DUI?

Upon a DUI charge, license disqualification may be immediate, however, this depends on multiple factors. It's best to consult with your lawyer for advice tailored to your circumstances.

Do I need a lawyer for a first DUI offence?

While not mandatory, legal representation is advised even for a first offence. A lawyer can help reduce penalties and guide you through the legal process.

Additional Resources

For further information on DUI offences, the Legal Services Commission of South Australia provides a comprehensive guide. Bodies like the Department of Planning, Transport and Infrastructure (DPTI), provide information on driving laws and penalties. Support services like the Road Trauma Support Team of South Australia offer help to individuals and families affected by road trauma.

Next Steps

If you are facing a DUI charge in Edwardstown, it is advisable to seek legal assistance as soon as possible. Collect and preserve any evidence related to your case, and maintain a record of all communication and documentation linked to the incident. Keep these records safe as they can be crucial for your defence.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.