Charged with a Drink Driving Offence?
Facing a drink driving charge is a critical moment with potential severe consequences, including a damaged reputation, substantial fines, loss of driving privileges, and the possibility of jail time.
The impact can extend beyond the legal realm, affecting your personal and professional life. Expert legal representation is crucial in such situations, and Faraj Defence Lawyers understands the gravity of your issue.
We stand ready to provide a lifeline amidst the chaos, fighting tirelessly for the best possible outcome. If you or someone you know has been charged with drink driving, contact us today for a free initial consultation.
Why Choose Faraj Defence Lawyers for your Drink Driving Charge?
01
Free Initial Consultation
We understand the importance of an initial assessment, which is why we offer free consultations to discuss the specifics of your case.
02
Expert Defence Strategies
We craft meticulous defence strategies aimed at securing favourable outcomes, including aiming and securing Section 10 dismissals & non-convictions.
03
Unwavering Support and Guidance
Unwavering support and guidance from the beginning to the resolution of your case, ensuring you are informed and empowered throughout.
04
Negotioation Expertise
Our extensive knowledge on dealing with the prosecution has allowed us to develop expert negotiation strategies that will tip the scales in our favour.
05
Direct Access to Senior Criminal Lawyer
Direct access to a senior criminal lawyer who will oversee your case. Ensuring your matter is handled with the utmost expertise and attention it deserves.
06
Fixed Fees and Transparent Pricing
We believe in transparency. Our firm operates on fixed fees, providing clarity on costs from the outset. Eliminating any unexpected financial burdens.
Client Testimonials
Read what our clients have to say about us
Jamie Luke
Faraj defence lawyers assisted me with a speeding charge during double demerits his work allowed me to keep my license would recommend to anyone
Billy Ciric
Well spoken gentleman. Very knowledgeable in his art & down to earth. Extremely persistent with his communication & informative with his advice.I’ve reached out to Mr. Faraj in absolute desperation as I was caught on camera with my name, plates & face committing multiple traffic violations.
Blake Perry
It was a pleasure having Ahmad to represent me. Throughout the whole process, Ahmad explained every detail, and most of all was honest and up front. Ahmad genuinely cares about his clients. Highly recommended. Thank you Ahmad!
What are the different types of drink driving offences?
Drink driving offences are governed by section 110 of the Road Transport Act 2013, and our expert Drink Driving Lawyers specialise in navigating the legal complexities surrounding these charges. There are five distinct types of drink driving offences categorised based on blood alcohol concentration (BAC). Each offence carries its own set of implications, and our dedicated team is well-versed in providing tailored defence strategies. The classifications include:
Novice range (over 0.00 to 0.019): Applies exclusively to learner, P1, or P2 drivers and interlock licence holders.
Special range (0.02 to 0.049): Applicable to learner, P1, or P2 drivers, bus drivers, taxi drivers, and interlock licence holders.
Low range (0.05 to 0.079): Represents a specific range of blood alcohol concentration with associated legal implications.
Mid-range (0.08 to 0.149): Covers a mid-range of blood alcohol concentration, distinct from other categories.
High range (0.15 and higher): Involves a significantly elevated blood alcohol concentration, carrying more severe consequences.
Refusal to participate in breath test: Treated as a high-range offence.
Blood alcohol concentration is meticulously measured based on the concentration of alcohol in 210 litres of breath or 100 millilitres of blood.
Penalties for Drink Driving
Each offence carries separate maximum penalties and the lower your level of intoxication, the higher your chance will be at receiving a non-conviction penalty. This is also in addition to other circumstances surrounding your case, including whether the offence will be considered a ‘second or subsequent offence’.
For an offence to be considered ‘second or subsequent offence’, the prior offence must be an equivalent offence or one classified as a ‘major offence’ and have occurred within the last 5 years.
Major offences include driving offences which result in the death or bodily harm of another, all drink driving offences, and driving with an illicit substance in your system, among others.
The penalty applicable will also depend upon whether you are ordered to participate in themandatory interlock program or are deemed exempt by the court.
First Drink driving offence
PCA Level
Maximum Fine
Disqualification
Interlock
Imprisonment
Novie
$2,200
MAX: 6 months
MIN: 3 months
N/A
Not applicable
Special Range
$2,200
MAX: 6 months
MIN: 3 months
N/A
Not applicable
Low Range
$2,200
MAX: 6 months
MIN: 3 months
N/A
Not applicable
Mid Range
$2,200
MAX: 6 months
MIN: 3 months
1 year on interlock
Maximum of 18 months
High Rang
$3,300
MAX: 3 years
MIN: 1 year
2 years on interlock
Maximum of 18 months
Second or subsequent drink driving offence
PCA Level
Maximum Fine
Disqualification
Interlock
Imprisonment
Novie
$3,300
MAX: 3 months
MIN: 1 month
1 year on interlock
Not applicable
Special Range
$3,300
MAX: 3 months
MIN: 1 month
1 year on interlock
Not applicable
Low Range
$3,300
MAX: 3 months
MIN: 1 month
1 year on interlock
Not applicable
Mid Range
$3,300
MAX: 3 months
MIN: 1 month
2 years on interlock
Maximum of 12 months
High Rang
$5,500
MAX: 1 year
MIN: 9 months
4 years on interlock
Maximum of 24 months
If it is your first offence, police may choose to issue an on-the-spot fine of $603 for low, novice or special-range drink driving, instead of charging you. If you pay this fine, you will not receive a criminal record, however, it does incur a 3-month suspension.
You may seek to ‘court elect’ this fine, to seek leniency at court and avoid this suspension byachieving a non-conviction outcome however, this comes at the risk of harsher penalties and a criminal conviction.
Apart from the penalties above, the court will also impose one of the following:
S10(1)(a)
Conditional Release Order without conviction
Conditional Release Order with conviction
Fine
Community Corrections Order
Intensive Corrections Order
Full-Time Imprisonment
Keep your license: Speak to a Specialist Drink Driving Lawyer Today
When charged with drink driving, having a specialist lawyer by your side is crucial. Our experienced team understands drink driving laws, the legal landscape, and the potential complexities of your case. Seeking expert legal advice ensures that your rights are protected and gives you the best chance for a favourable outcome.
Expert legal advice is not merely a protective measure; it's your key to preserving your rights and maximising the chances of keeping your licence.
