For residents across Bathurst, Blayney, Orange, and the wider Central West region of New South Wales, understanding the intricacies of drink driving laws is crucial. At Cunninghams – The Law Practice, we frequently encounter common misconceptions surrounding alcohol and driving. These misunderstandings can lead to serious legal consequences. Let’s dispel some of these myths to ensure you have a clearer picture of the law and how it applies to you.
Myth 1: Calculating BAC Based on Drinks is Reliable
One prevalent myth is the belief that you can accurately calculate your Blood Alcohol Content (BAC) simply by tracking the number of drinks consumed over time. While it might seem logical, this method is fraught with inaccuracies. Numerous factors influence your BAC, including your weight, metabolism, gender, the type of alcohol consumed, and whether you’ve eaten. Relying on a rough estimate can have severe repercussions, potentially leading to a drink driving charge. It’s simply not worth the risk.
Myth 2: Needing a Licence for Work Prevents Disqualification
Another common misconception is that needing your driver’s licence for work provides an automatic shield against losing it if caught drink driving. While the impact of losing your licence on your employment is undoubtedly a serious consideration, the New South Wales Criminal Court of Appeal, in the case of Kearsley v R, established that the loss of employment is a “natural consequence” of the decision to drink and drive. However, this doesn’t mean all hope is lost. Competent legal representation is vital. At Cunninghams, our experienced solicitors can meticulously assess your specific circumstances and present compelling submissions to the court, potentially mitigating the sentence or exploring alternative outcomes.
Myth 3: Drink Driving is a Civil Matter
It’s also important to understand that drink driving is not a civil matter, it is a criminal offence. This distinction carries significant weight, as criminal charges come with far more serious penalties, including hefty fines, licence disqualifications, and even imprisonment in severe cases. Engaging a skilled legal professional from the outset is crucial to navigate the complexities of the legal system and work towards the best possible outcome. For expert advice on criminal law, visit our Criminal Law Services.
Myth 4: Private Property is Exempt from Drink Driving Laws
Many people mistakenly believe that drink driving charges only apply to public roads. However, the law in NSW is clear, drink driving offences extend to any “road or road-related area.” This includes car parks, private driveways, and other areas accessible to the public. So, even if you’re not on a main road, you can still face drink driving charges.
Myth 5: You Can’t Be Charged if Not Actively Driving
Furthermore, you don’t even need to be actively driving the vehicle to be charged with drink driving. Shockingly, even sitting in the driver’s seat with the keys in the ignition, can lead to charges. The legislation focuses on the intention and ability to put the vehicle in motion while under the influence of alcohol.
Myth 6: A Section 10 is Guaranteed for First-Time Offenders
A common misconception, particularly among first-time offenders, is that a Section 10 non-conviction order is a guaranteed outcome. While a Section 10, which results in no conviction being recorded, is a possibility, it is far from automatic. The court will meticulously consider the severity of the charges, your BAC reading, your prior driving history, and a range of other factors specific to your case. For more details on how we can assist with drink driving charges, visit Drink Driving Charges.
Myth 7: Driving is Safe the Day After Drinking
The idea that you are safe to drive the “morning after” a night of drinking is a dangerous myth. Alcohol metabolises at different rates for everyone, and residual alcohol can still leave you over the legal limit hours after your last drink. Factors such as the amount of alcohol consumed, your body weight, and your metabolism all play a significant role. It’s always best to err on the side of caution and avoid driving if you have any doubt.
Myth 8: Quick Fixes Can Lower Your BAC
Similarly, relying on quick fixes like coffee, food, fresh air, or cold water to “sober up” and reduce your BAC is futile. These remedies might make you feel more alert, but they do not effectively lower your blood alcohol level. Breathalyser readings will not be impacted by these measures.
At Cunninghams – The Law Practice, serving the communities of Bathurst, Blayney, Orange, and the Central West, we are committed to providing clear, accurate legal advice. If you find yourself facing drink driving charges, it is imperative to seek expert legal representation as soon as possible. Contact our experienced team to understand your rights and explore the best course of action for your specific circumstances. Don’t let these common myths jeopardise your future.
Email or call us on (02) 6332 9591 to book an appointment.