Are you wondering what steps to take after being arrested for drink or drug driving in Queensland? Read this informative article and discover the necessary actions to safeguard your rights and navigate the legal process.
Introduction
Getting arrested for drink or drug driving can be a distressing and overwhelming experience. It is crucial to know what steps to take next to protect your rights and ensure a fair legal process. In this article we will discuss the necessary actions you should consider after an arrest. For residents of Queensland seeking professional assistance, we recommend consulting a reliable traffic law firm that specialises in traffic offences and criminal law.
Let's dive into the details and shed light on what you should do next. Its essential to handle the situation strategically and seek proper legal guidance. Here are the steps you should consider:
Stay calm and cooperate with authorities
Upon being pulled over and arrested for drink or drug driving, it's crucial to remain calm and cooperate with the authorities. Losing your temper or resisting arrest can lead to further legal complications. Remember, staying composed will help you make better decisions moving forward.
Exercise your right to remain silent
As the police question you about the incident, it's important to exercise your right to remain silent. You have the right not to incriminate yourself. Politely inform the officers that you would like to consult with your lawyer before answering any questions or invoke your right to silence and only answer the questions you need to. This simple step can prevent you from unintentionally saying something that could be used against you later.
You should not give information to police about the amount of alcohol you have consumed or any drugs you may have taken.
What questions do I need to answer?
You will need to provide the following to the police if they ask;
- your name and address
- your date of birth
- show your driver's licence
Providing a sample of breath or blood
It is also an offence to refuse or fail to provide a specimen of breath for analysis. If you are charged with this you are considered to have committed a high range drink driving charge (DUI). You cannot apply for a work licence if charged with refusing a breath or blood test.
Police have the power to require someone to provide a specimen of breath, saliva, or blood for the purposes of determining that person’s blood-alcohol content. A police office may only make this request if the officer reasonably suspects that the person either drove a motor vehicle, attempted to drive it, or was in charge of the vehicle up to 3 hours prior (note that the definition of being “in charge” of a vehicle is quite broad – the person need only be in a position to be able to operate the vehicle without first taking control of the vehicle from someone else). The police may also require someone to provide a specimen of breath, saliva, or blood at the scene of a traffic accident that caused injury, death, or damage to property.
Once a police officer makes such a request, that officer may take the person to the nearest police station, or to some other place (such as a hospital) that has the necessary equipment for carrying out a breath or blood test. The person may be taken there by force, if necessary. The police officer may require multiple samples of either breath or blood if it is reasonably necessary to do so in order to complete testing.
If you refuse a breath test you cannot then request a blood test and vice versa.
See our main drink driving page for more information on possible defences to not giving a sample.
Seek legal representation
Consulting a reputable law firm based in Queensland that specialises in drink or drug driving cases is crucial. Experienced lawyers can guide you through the legal process, protect your rights, and provide the best possible outcome. They have in-depth knowledge of Queensland's traffic laws and can analyse the specifics of your case to build a strong strategy to reduce the penalty.
Understand the consequences
Being aware of the potential consequences of the charges is important. Drink or drug driving offences in Queensland carry significant penalties, including fines, licence disqualification, mandatory drink or drug education and even imprisonment in very severe cases. Consulting with a lawyer will help you understand the specific consequences related to your situation.
Attend court hearings and comply with requirements
Throughout the legal process, it's crucial to attend all court hearings and comply with any requirements set by the court. This is especially true of any bail conditions.
Failure to do so can result in additional penalties and negatively impact your case. Your lawyer will guide you through these proceedings and ensure you fulfill all necessary obligations.
Rehabilitation programs
In some cases, attending rehabilitation programs voluntarily can demonstrate your commitment to addressing any substance abuse issues and may be viewed positively by the court. Your lawyer can provide advice on suitable programs and help you present this option to the court, potentially influencing the outcome of your case. In addition completing a traffic course such as QTOP is looked on very favourably by the courts.
Negotiate with the prosecutor
Based on the evidence and circumstances of your case, your lawyer may explore the option of negotiating with the prosecution. Alternatively, if there are strong grounds to challenge the charges, your lawyer can represent you in court and fight for a favourable verdict.
FAQs
Can I refuse a drink or drug test during a traffic stop?
Answer: No, in Queensland, you cannot refuse a drink or drug test when requested by a police officer during a traffic stop. Refusal to undergo testing can lead to penalties similar to being charged with high range drink driving or driving under the influence of a drug.
How long will my license be disqualified if I am convicted of drink or drug driving?
Answer: The length of license disqualification depends on various factors, including the nature of the offence, whether it is a first-time or repeat offence, and your blood drink or drug concentration level. It's best to consult with a lawyer to understand the specific implications in your case.
Will I go to jail if convicted of drink or drug driving?
Answer: Jail time is a possible outcome for drink or drug driving offences, especially for repeat offences or cases involving aggravating factors such as a person being injured. However, the final outcome depends on the specific circumstances and the quality of your defence.
Can I represent myself in court for drink or drug driving charges?
Answer: While it's technically possible to represent yourself, it's strongly recommended to seek legal representation for drink or drug driving charges. Experienced lawyers have a deep understanding of the legal system, know the best defence strategies, and can significantly improve your chances of a favourable outcome.
Will I get a criminal conviction for drug or drink driving
While drug or drink driving is a criminal offence the conviction, if recorded, would go on your traffic history but not on your criminal history. This means a person doing a criminal background or police check would not see the drink driving offence recorded however it would show on a person’s traffic history for 5 years.
Conclusion
If you find yourself arrested for drink or drug driving in Queensland, it is vital to take the appropriate steps to protect your rights and navigate the legal process effectively. Remember to stay calm, exercise your right to remain silent, and seek legal representation as soon as possible. A skilled law firm based in Queensland can provide expert guidance and support throughout your case, increasing your chances of a favourable outcome. By understanding the consequences, gathering evidence, exploring defences, and fulfilling your obligations, you can work towards resolving the situation in the best possible manner.
Our Experience
Since 2010 we have been representing people throughout Queensland who have been charged with a drug or drink driving charge and need a good traffic lawyer to represent them. We aren’t a firm that does traffic law as just one area of law, we do traffic law exclusively.
We strive to give you immediate comprehensive advice and a fixed fee so you can be sure of your legal costs and whether you qualify for a work licence. While we will never be the cheapest we do offer the best value in our humble opinion.
Our Founder Steven Brough is one of the most respected and experienced traffic lawyers in Queensland.
Click here to see what we charge.
How do I get more information or engage you to act for me?
If you want to engage us or just need further information or advice then you can either;
- Use our contact form and we will contact you by email or phone
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We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink or drug driving. You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a drink or drug driving charge will have an impact on you, your family and your employment or business.
