Drink-driving is one of the prevalent offenses under the traffic law Australia.
Due to the high rate of deaths from vehicular accidents, the government has imposed tough sanctions to people who are caught driving while drunk. The reason why drink-driving is punishable may be also linked to the numerous cases of risky driving and over speeding as a result of alcohol intoxication.
Under the drink-driving law, an individual who is caught driving with a blood alcohol concentration (BAC) above the legal limit of 0.05 may be charged with drink-driving offense. Teenagers captured driving while drunk may serve no exemption under the law, especially if the unlawful act has caused injuries or death to another person. The law basically recognizes that teenagers already have the understanding between right and wrong, which are essential elements for them to perform their duties towards the law and the people who may be affected.
In an instant wherein a teenager who insisted to drive after being so drunk from a night club party met an accident, he or she will be charged with a drink-driving offense. Other teenagers who served as accomplice to the crime will also be held liable to certain charges.
If the offense has led to the injury or death of another person, the offender may be charged of multiple offenses including dangerous driving occasioning grievous bodily harm and misconduct causing injury. If it has been found that the driver has not complied with the driver’s requirements, such as having a license, the latter may also have to face further sanctions.
With night club and house parties going so popular among the new generation, it is no longer unusual to witness a lot of teenagers coming home drunk. However, teenagers should have been mindful of the potential effects of drink-driving. It is also important to note, that drink-driving puts the driver at risk of meeting car accidents and injuring other people due to altered perception. Refusal to undergo breath analyzer may also warrant the person further charges.
In most situations, first time offenders are granted by the court with Section 10 freeing them from criminal charges. In granting Section 10, the court first has to look at the exceptional character of the circumstance and the criminal records of the driver. Otherwise, teenagers may not be excused under drink-driving law.
The purpose of the law is to provide protection to drivers, passengers, and other people who may be affected by the consequence of drink-driving. If you have been charged with a drink-driving offense and it is your first time, do not hesitate to contact a traffic lawyer near you.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.