Law

What to Do If You Have Been Stopped By the Police for Drink-Driving In Australia

Jinal Shah

July 30, 2024
3 min read

What to Do If You Have Been Stopped By the Police for Drink-Driving In Australia

If you have ever been faced with the unnerving prospect of being stopped by the Australian police for potentially drink-driving, it is essential that you understand your legal rights as well as your obligations. Indeed, the consequences of being stopped and charged with drink-driving anywhere in Australia could potentially be severe, affecting several elements of your life, especially your career, any personal relationships and future financial stability. Likewise, taking the time to learn about the legal intricacies and the various steps you must take could potentially make a difference when it comes to achieving a successful outcome of your case. As a result, you should keep on reading this article because it will provide you with practical advice, assisting you through the complicated legal environment in Australia, so that you will be well-prepared to handle this challenging situation in the future.

Remain calm
Know your rights
Seek immediate advice

a. Remain calm

To begin with, whenever you are being stopped by the Australian police for a potential mid-range drink driving violation, it is essential to remain calm and composed at all times. Moreover, the first interaction with law enforcement can set the tone for the entire process, while if you are able to demonstrate respect and cooperation with the police officers who stop you, then this could potentially work in your favour while it can also have an influence on their perception of you. Likewise, you should be aware that you are legally obliged to comply with all of their requests to carry out a breath test, while refusing to do so could potentially result in harsher penalties, including fines or the suspension of your driving licence.

b. Know your rights

Secondly, knowing your rights under the law in Australia during any type of police stop is imperative, while you will be entitled to certain protections under the law. As a result, you should know that being aware of these protections and rights can prevent you from inadvertently incriminating yourself. These rights are fundamental under the law, while they are designed to protect you from making any inadvertent statements that may later be used against you in a court of law.

c. Seek immediate advice

Lastly, seeking immediate legal assistance following any type of drink-driving charge is of the utmost importance, while hiring an Australian lawyer that specialises in particular types of drink-driving cases can provide you with the right guidance that will have been tailored to your particular situation. A skilled lawyer will also be able to scrutinise the details of your arrest, the accuracy of the breath test that was carried out and the conduct of the police officers involved in order to identify any potential weaknesses in the prosecution’s arguments.

To conclude, whenever you are being stopped by the police for a potential drink-driving infringement then you should be aware that it is a serious matter that requires careful handling, while by ensuring that you remain calm, understanding your rights and seeking immediate assistance from a legal expert, you will be able to position yourself in order to navigate the legal system effectively.