Driving can be a matter of pleasure unless you get caught because of illegal means. One of those offences is driving in a drunken state. It is an actionable offence as per the rules in almost every country. In this article, we discuss the charged offences for drunk driving and the associated legal actions that the police take.
What Offences Can You Get Charged with If You’re Caught Driving in a Drunken State?
Driving a motor vehicle while there are drugs in the body is a punishable offence. In Australia, a zero-tolerance policy is taken for drug driving. It means you will be charged with a drug driving offence if your saliva testing result to find any banned substance comes positive.
If you get caught driving having drugs in your system, you will commonly be given the following offences.
- Driving while a significant amount of drug is present in your saliva or blood, or,
- Driving under the effects of drugs.
The first offence i.e. driving while a forbidden substance is present in your saliva or blood, is the most usual offence of drug driving that a person can be charged with. You will be charged guilty of this offence when you are found to drive a car or be in charge of a vehicle or attempt to drive it and have a drug present in your saliva or blood.
The second offence is more serious, and is given when a person’s driving is severely affected by the drug you have consumed. If the police provide this charge to you, you have to face more severe penalties that may include a compulsory disqualification period of a minimum of 6 months.
What Steps The Police Take To Prove That You Have Drugs In Your System?
Typically, the police conduct a saliva test to prove a drug present in a person’s system. It is a 5-minute test that is carried out by police instantly by the side of the road. In addition to this test, an RBT or rapid breathing test is also conducted.
What Substances Will Be Detected In The Roadside Saliva Test?
Substances that are detected by the random drug tests include:
- Cannabis
- Ecstasy (3,4-methylenedioxymethamphetamine)
- Other amphetamines
The period that is taken by the saliva test to detect the substance varies from drug to drug. Two factors control the duration of the detection time, and they are the frequency and quantity of drug use.
What Will Happen If The Result Of Your Roadside Drug Test Comes Positive? Will Your License Be Suspended Immediately?
If the report of the first saliva test conducted by the police comes positive, then another second test will also be carried out by the police. If the result of this second test also comes positive, then the police will suspend your license for 24 hours. If you are found driving during this suspension period, it may lead to additional charges.
What Are The Penalties That You Will Receive For Driving While The Drug Is Present In Your System?
Here we give a detailed list of penalties that you will receive while driving with a drug in your system.
- The maximum penalty you will receive for it is 14 penalty units, where you may have to pay a fine of $1649.20 or face imprisonment of 3 months.
- There will be a compulsory minimum driver qualification period for getting convicted of this offence. It means that you will receive a disqualification period of a minimum of 1 month or full 9 months, irrespective of your circumstances.
- The legislation will set maximum and minimum penalties for this offence. But the court will see into the individual case and your circumstances when they will consider the appropriate punishment. Circumstances may include your past traffic records and the impact on your life for losing the licence.
- You may look for drug driving lawyers. A lawyer will be very beneficial because he can help you in relevant and persuasive submissions to the magistrate, thus giving you chances to reduce the penalty and disqualification period.
Can You Get A Work Licence To Continue Driving For Your Job During The Suspension Period?
On a few occasions, you may be eligible to make an application for a restricted driving licence that may allow you to drive for job purposes during the period of disqualification. To acquire this licence, you should apply in front of the court before pleading guilty to the offence. If you need the licence for your work, we usually recommend contacting traffic lawyers perth to discuss work licence eligibility as early as possible.
What Benefits Can A Solicitor Offer On Drug Driving Charges?
An experienced lawyer can offer a number of benefits in the court case.
- First of all, he or she can tell how strong the prosecution’s case may be, what your eligibility to get any working licence are, and the steps to follow to reduce any imposed penalty.
- Your lawyer will be your representative to attend the court on your behalf and save you from attending speaking for defence on every court date.
- A lawyer generally has years of experience to negotiate with the prosecution on your charges successfully.
- His experience will also matter in effectively presenting your case and submitting all the persuasive and relevant information that may reduce your penalty.
Understandably, losing the licence can lead to serious issues with the job and day-to-day living. If you feel that you will face serious difficulties without having the licence, you must hire an experienced solicitor to ensure you get the best possible outcome.
Where To Find Lawyers?
There are many experienced drug driving lawyers Perth. You can get their contacts pretty easily from consultancy firm like Traffic Lawyers Perth WA. The firm can also help you get the best traffic lawyers to help you with the work licence.
