If your breath shows that you have too much alcohol in your blood, it is against the law to drive a car. Heavy vehicle drivers must have a “no alcohol” limit, meaning they can’t have alcohol in their blood. Beyond zero, the driver can already be charged with drink driving.
But there are strict rules for people who drive heavy vehicles because of how dangerous it is for these vehicles to get into an accident. There is too much risk to people’s lives and property for the government to be lenient.
A drink-driving offence does not require that the driver be driving to be charged. Controlling the vehicle, however, is sufficient; even if the driver is only sleeping off the effects of the alcohol, he can still be charged with drunk driving.
For most people, being charged with a drunk or drugged driving offence is a distressing experience. An offence typically means the loss of a truck driver’s livelihood.
Driving While Intoxicated
Heavy vehicle drivers must have a lower blood alcohol concentration (BAC) limit than other drivers. For example, drivers of large motor vehicles (those with a GVM or GCM greater than 13.9 tonnes) are subject to a BAC limit of 0.02. Therefore, the BAC reading determines the maximum sentence a court can impose for a drink-driving offence.
Heavy vehicles are more challenging to run than standard passenger vehicles. As a result, their size and weight make driving and turning more difficult, slowing down and stopping more time-consuming, and losing control easier but more difficult to recover from. Alcohol is a depressive; it slows brain communications, reducing decision-making, reaction time, and overall attentiveness.
Different Types of Drink Driving
There are six different sorts of drink-driving charges. This comprises high, mid, and low-range drunk driving and DUI, as well as unique and novice-driving driving.
Each has its own set of punishments. These include driver’s licence suspensions, fines, jail, and a criminal record (criminal conviction).
In Drunk Driving Cases, What Does PCA stand for?
This stands for “Prescribed Alcohol Concentration.” Driving a car with the legal limit of PCA, often known as BAC, is a crime.
Heavy Vehicle Drink Driving Penalties
Heavy vehicle alcohol driving carries a 3–9 months driving ban, a maximum fine of $1,450–6,600, or imprisonment for a full term of 3 –18 months. Because BAC levels are often accurate, it can be difficult to mount a defence against a conviction for drunk driving. However, a lawyer can help mitigate the consequences of a conviction by arguing that the offender never intended to drive while impaired.
If you have a high-range drink driving result of more than 0.15, you could face significant penalty points, penalties, and jail. The minimum disqualification time is six months, and the maximum is an outright disqualification of your driver’s licence.
Whatever your circumstances are, you will require the services of a defence lawyer to guarantee that you are handled fairly in court. If you don’t have a strong defence, you could get the maximum sentence the prosecution can ask for in court, which could have long-lasting consequences.
Drinking and driving offences are classified as “major offences” under the law, and as such, they are punishable by steep penalties, license suspension, and potentially jail.
Drinking and Driving Limits | Standard Drinking and Driving
Each of the significant drunk driving offences has its threshold limit. For example, a driver with an unrestricted licence is not permitted to drive if their blood alcohol content (BAC) is 0.05g or above.
A provisional, learner, or interlock driving licence holder is not permitted to drive while under the influence of alcohol.
What Is The Legal Alcohol Limit For Driving?
The legal limit for regular drink driving varies depending on your licence type/class. For example, driving is prohibited if you are at or above the prescribed drink-driving limit for your licence type.
If you have been accused of a traffic violation or are being investigated by the police, it is crucial that you speak with an attorney immediately. Reach Platinum Lawyers Pty Ltd at (02) 8084 2764 to schedule a consultation with one of our criminal defence attorneys.