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Drink driving offences subsumes a lot of sections that even encroach into different laws and Acts across the various States and Territories. In the case of a serious violation of the Traffic Act, you may be charged in court with the possibility of an imprisonment term.
The answer is that more often than not, a Drink Driving offence will get you a criminal record and will in the majority of circumstances also show up on a police check result.
Under the Australian Road and Traffic Acts or legislation, drink driving offences includes;
PCA offences are further broken into ranges, depending on; the Blood concentration or the type of license the driver holds.
To determine the BAC level of the driver of a vehicle, the Police officers will flag the car to a stop and request the driver take a breath test. The results of the tests will influence the official to impose the necessary punishments communicated through "tickets”.
The officer will issue the “lesser” punishments of fines with/without a license disqualification.
However, if the driver holds a Learner's permit, Probationary License or Professional Driver's License, they will get heavy fines if their Blood Alcohol level is above 0.00BAC
The Police may seize their license immediately for some periods (3 -12 months), and impose fines. If there is an aggravating circumstance, the Police will charge the driver to court.
This is the most severe form of drink driving offence in Australia. It means the driver was caught operating the vehicle with BAC levels over 0.15. The Police or Road Transport official will seize their license immediately and charge them to court if it does not issue heavy fines.
When the Road Traffic or Police Officer imposes a penalty for a drink driving offence, you can choose to challenge it in court. However, if you lose your objection, the court will register it as a criminal record, and may even issue higher penalties.
However, if you win the objection, the court may dismiss the case or reduce the penalty you are given.
Driving Under the Influence is pronounced by the Police through physical examination of the way the person handles a vehicle. Determining a DUI offence may/not require a breathalyzer test. The Police can conclude that a driver is under the influence by a driver;
If the police officer concludes that you are Driving Under the Influence, they will either impose an immediate fine or charge you to court.
In court, you must defend your pleas or objection to the DUI charge. However, if the court finds you guilty of a DUI offence, they will impose the appropriate fines or/and license disqualification.
In aggravating circumstances, the court will order an imprisonment term. Examples include;
All these decisions of the court will be recorded in your criminal record check certificate.
Other offences are committed concerning a drink driving charge and will attract appropriate penalties. Some of them include;
It is a serious offence to attack a Police officer, and even worse while on a drink driving charge. The Offence of attacking a Police officer usually carries an imprisonment term depending on the degree of the assault.
If you refuse to take an on-the-spot breath test or a blood test at the station, you will be charged to court. All of the court sentencing on this matter will be recorded in your national criminal history.
If you refuse to obey a Police order to stop and instead engage in a car chase, you will be charged with a serious criminal offence. This charge may even include other driving charges like overspeeding, infractions, damage to property and obstruction of justice.
If you refuse to appear in court on the date of your hearing, the court will impose the penalties in your absence and may charge you separately for contempt of court.
A criminal record in Australia is a national database that contains all the criminal history of a person. It contains all;
Any conviction the court has ever issued to you will be on your criminal history. And it remains there for life, except where removed by special orders like the Spent Convictions Scheme of Australia.
Traffic offences are recorded in the traffic records and remain in the Police database. For traffic offences that end up in court, the traffic offence can be disclosed in an Australian Police Check result.
A traffic record contains details of all;
Traffic offences are settled on the spot (paying the fines), and rarely leads to license disqualification.
A Traffic record will show;
If you get a conviction for a drink driving offence, it can affect you in more ways than you think. In the short term, the court may;
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