Drunk Driving
One bad decision should not cost you your licence and your job.
Driving under the influence is charged constantly and proved less often than people assume. These cases turn on procedure: how the sample was taken, how it was stored, how it was tested, and whether the State can actually put the result in front of a court. Call us before you plead to anything.
The situation
What usually happens
- You were stopped, tested, held overnight, and released with a date and very little explanation.
- You have been told to "just plead guilty and pay the fine" and get it over with.
- You drive for a living, or your job requires a clean record, and you can see what a conviction costs.
- Nobody has told you that a conviction for this is a criminal record, not a traffic fine.
What the law says
What the law actually says
- Driving under the influence, and driving with a blood or breath alcohol concentration over the prescribed limit, are criminal offences under the National Road Traffic Act — not traffic infringements.
- The prescribed limits are lower for professional drivers than for ordinary licence holders.
- A conviction can carry a fine, imprisonment, and suspension or cancellation of your licence. It also creates a criminal record, which is what usually costs people the most.
- The State must prove the reading properly: lawful arrest, correct procedure at the time of the sample, an unbroken chain of custody, and a valid analysis. Each of those is a place where a case genuinely fails.
How we handle it
- 01
Do not plead yet
The first thing we do is stop the matter from being disposed of before anyone has looked at how the evidence was obtained.
- 02
Get the docket
Arrest statement, the register, the sample record, the analysis certificate. This is where these cases are actually decided.
- 03
Test the procedure
When was the sample taken relative to the driving, by whom, how was it stored and handled, and can the State prove every link.
- 04
Representations or trial
Where the procedure does not hold up, we make representations to the prosecutor. Where the matter must be argued, we argue it.
What it costs
We quote these matters on a clear structure once we know the charge and the court, and we will tell you at the outset whether we think the case is worth defending. We do not take money to run something that has no prospect, and we will say so if that is the position.
What moves the number
- Whether the charge is driving under the influence or exceeding the prescribed limit
- Whether an expert is needed to deal with the analysis
- Which court and how many appearances it takes
- Whether the matter resolves on representations or runs to trial
How long it takes
These matters typically run over several months and several appearances. That is normal, and it is not a reason to plead early simply to end the inconvenience.
Common questions
Drunk Driving
Will I lose my licence?
A conviction can carry suspension or cancellation, and for professional drivers the consequences are more serious still. That is precisely why the case deserves proper attention rather than a quick plea.
Is this a criminal record?
Yes. A conviction for driving under the influence is a criminal conviction, not a traffic fine. People are frequently surprised by this, usually after they have already pleaded.
Can the blood result be challenged?
The result is only evidence if the State can prove how it was obtained, stored, handled and analysed. Those requirements are real and they are not always met. Whether they were met in your case is a question of fact, and it is the first thing we look at.
The police say it will go easier if I cooperate. Should I?
Be polite and comply with lawful instructions, but get advice before you explain, admit or sign anything. Cooperation and self-incrimination are not the same thing, and the difference matters enormously later.