Many motorists want to test the limits when they drink and want to drive. Well, let’s just say if you are NOT caught, then all will be good, but the danger is that everytime you get away with it, the bolder you become and try to push for the limits. But lady luck will not be always smiling at you, and anything can happen on the roads especially at night.
The limit is actually 35 microgrammes (ug) per 100 millilitres (ml) of breath, or 80 milligrammes (mg) of alcohol per 100 millilitres (ml) of blood. Which means to say maybe about one 330ml of beer.
A person may be guilty of drink-driving if they are in control of their vehicle, but exceed the legal alcohol limit; and vice versa. However, the body condition of everyone is different, therefore if you are not very tolerant of alcohol, even if you drank below the limit but is driving in a dangerous manner ( like S shape or zig zagging), you could be charged after all.
What is the range of sentence for drink driving?
There is actually no market price. Which means to say, if you are caught for the first time, the judge can impose on you based on the following range:
1st offence – Fine of between $1,000 and $5,000 or up to 6 months imprisonment
However, managed to get this table from a lawyer friend of mine based on years of experience in court.
Level of Alcohol (ug per 100 ML of breath) | Range of fines | Range of disqualifications |
35-54 | $1,000-$2,000 | 12-18 months |
55-69 | $2,000-$3,000 | 18-24 months |
70-89 | $3,000-$4,000 | 24-36 months |
>=90 | >$4,000 | 36-48 months (or longer) |
This is just a guideline for a head start. The end punishment is still based on the judge’s verdict. Therefore, depending on the case and its severity, the judge can also impose the maximum on to first offenders.
TIPS TO LESSEN THE PUNISHMENT
For first time offenders, a lot of emphasis is given on the fact that it is the First time, so a lot of leniency is given. Therefore, do not try to push your luck and try to get acquitted UNLESS you never drink drive. The best is to mitigate and plead guilty for as minor charges as possible.
1.DO NOT ARGUE IN THE COURT
There are some people who do not know the seriousness of going to court and try to defend for themselves and even challenge the judge. If you do so, you are asking for it. And the best part is that being in the court you can straight away be apprehended. So do not try to be funny. Even hired lawyers can get bashed by the judge, so control your ignorance.
2.Know clearly what you want
If you have nothing to say, please just keep quiet or express sincerity and remorse. The judge might take that and give you lesser sentence. Do not go to the defending stand and make a fool of yourself.
3.Get out of the court in the least time possible
Some more serious cases of drink driving will cause a lot of drag and last a few months. But the best is that for first time offenders with light charges, the advice is to close the case as fast as possible. If you can, close it even at the first hearing. The longer you stay in court the more chances of changes and “bombarding” . Best is to speedily end the case.
It might not be easy to accept the truth for first time offenders but as mentioned many times before. You have to compose yourself, know what you want from the end result and just stick to the plan. Always remember the court is a serious place. Do not contempt or do anything rash there. If you have no idea what to do or behave or how to fight your case, the best is to ask a lawyer than make a fool of yourself. The chances are , you will be in deeper trouble if you don’t.
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