Hello, my name is Robin and I own a medium sized business which is based in a suburb of Perth, Australia. Many business owners do not understand the importance of commercial law on their operations. I know that I certainly didn't when I set out. At first, this wasn't an issue but as my business grew, I realised that if I didn't teach myself about the legal rules in place and seek expert help, I would find myself in serious trouble. I got in touch with a great law firm who helped me to understand exactly what I needed to know. I decided to start this blog to help other business owners.
Like most countries, Australia treats driving under the influence of alcohol or drugs extremely seriously, and anyone caught doing so faces being convicted of a criminal offence, serious fines and possible imprisonment.
It is really important therefore that anyone charged with any type of drink or drug-related driving offence consults a DUI lawyer, who will have significant experience in defending people on these charges and is likely to offer the best chance of acquittal or reduced penalties.
Driving under the influence.
Driving under the influence is commonly referred to as DUI, and is considered a serious driving offence. The legal limit for the amount of alcohol someone can drink and still drive is extremely low in Australia, and some categories of people are not allowed to have any alcohol in their system at all.
While driving under the influence normally refers to alcohol, any use of illicit drugs is also captured under this type of driving offence and carries the same degree of punishment as charges relating to alcohol.
A DUI lawyer
People who are charged with a DUI offence often try to come up with elaborate excuses or elaborate plans for how to either avoid the charge or be found not guilty. These rarely work.
The main advantage of a lawyer who specialises in driving under the influence charges is they are aware of the legal structures that are in place from the moment someone is stopped for a breath test, through to conviction or discharge.
Because of this knowledge and their experience, they will be able to offer the best defence possible based on whether all the correct protocols and procedures were followed, any extenuating circumstances that might exist, and how to manage any potential fallout in the individual's life following a conviction.
Defending a DUI charge
Given the range of penalties that may be imposed on an individual if they are convicted of a DUI charge, a lawyer will want to try and make sure they can be found not guilty if possible. If this is not possible, then the lawyer will want to minimise the penalties and conditions that may be imposed on the motorist.
The penalties can be severe, and will normally include the suspension of someone's licence for some time. In addition, there is likely to be a fine and possibly required attendance at an alcohol awareness course and or other re-training courses related to their driving.
If the defendant is facing a second or third DUI charge, having previously been found guilty of driving under the influence, then the penalties they face may be even more severe. Large fines can be imposed, long driving bans can be imposed and there is potential for the defendant to be imprisoned if the offence is deemed serious enough.
Many people who are charged with driving under the influence hope that they can show some type of extenuating circumstances that may reduce any penalty they face. In some cases, this may make a difference, but most of the time these circumstances are not seen as particularly relevant.
A good DUI lawyer will know that the best chance of being found not guilty depends largely on showing that procedures regarding a breath test or a blood or urine sample were not followed properly, or that certain paperwork had not been filled incorrectly.
Contact a DUI lawyer for more information.