DUI Charge Advice Please (NSW)

Hi All,

I was caught driving under the influence of alchohol by an undercover cop. It wasnt extreme but they measured me at 0.011 and then 0.08 back at the police station.

They have since confiscated my licence until my court date at the end of the month which will decide my punishment. I was advised by the police to seek a lawyer for assistance.

Just wondering if anyone who has experienced this if its worth the money? I am a first time offender and have a good record. I called a lawyer for a quote and they charge $2200. Any advice will be appreciated.

Thank you,

Jason

Comments

  • +31

    0.08 is borderline high range.

    Why on earth did you drive and not get a Uber ?

    Get a lawyer unless you are confident representing yourself….

      • +85

        Don't get caught up in the whatever range to make yourself feel better.

        It's the illegal range, thats I need to know.

        I am a first time offender and have a good record

        Had….past tense is more appropriate here.

        • +58

          "It's the illegal range, thats I need to know."

          Can we please not have this attitude? The law is not infallible. The law is just the law. It doesn't dictate absolute morals or truths, it's written and adjusted over time, and judges and juries make decisions taking into account all factors and variables.

          Australia has this terrible attitude where we utterly condemn people for simply breaking the law without any understanding about the degree or severity or context.

          OF COURSE DRINK DRIVING IS BAD, but

          It does matter what BAC was recorded. Low to high DOES matter. You're creating a moral equivocation between slightly over the limit and so drunk you can't even see. It's ridiculous.

          and if it has to be spelt out: I'm not defending OP, I'm saying that the general australian attitude of being good little rule followers who never question and condemn anyone who breaks the rules has to stop. People need to think independently for themselves and stop thinking that the law was written by god and is infallible.

        • +6

          @thord:
          I feel it's to do with lack of education and bad peer influence. I agree with you.

        • +6

          @thord: Agree 100% with you, 0.08 is still legal in many countries included some states in US and Canada.
          That's the same attitude that condemned the guys in this thread https://www.ozbargain.com.au/node/376692 for being the worst axxxxle of a driver, when clearly his only fault was not having car insurance.

        • +10

          @thord: Finally someone who actually makes logical sense and a voice of reason. Never understood why people would get up in arms. OP is asking for help. He is human. God forbid anyone in the above making comments do anything wrong and no one gives you any sense other than, "Tough, you broke the law. Go to jail. No one cares. Get out of existence."

          It's attitudes like this that make good people turn bad. First offence and he will learn from it. Get over your high horses!

          What is wrong with you people?

        • -2

          @thord:
          Refer to this when your kid is hit by a drunk driver.

        • +1

          @singlemalt72:

          Everything I said stands.

        • @thord:

          I got a breath test the morning after a night out and i felt 100% ok. Came up 0.05 they waited and tested me again and i was under.

          I felt fine for hours.

      • +28

        Mate it’s almost double the legal limit… Uber exists for a reason. Portable breathalysers are $200. Keep it in your car, if you aren’t sure blow in and check. If your anything near 0.05, get a kebab and some water and wait for at least 2 hours.

        You blew double roadside. By the time they confirmed the result, got you back to the station it would have probably been enough to bring you back down.

        Whether or not you should get a lawyer depends on it you’ll loose your job as a result of this.

      • +8

        That argument won't fly well in court. Both the Court and fellow road users wouldn't appreciate your attitude towards these laws.

      • +8

        My mother got done .06 afew years ago. Hired lawyer, lawyer said please take into consideration this is her first offence yayaya good driving record Yaya.

        1 month which was minimum given and $1500 to lawyer. Waste of money…

      • Tell the judge that.

      • Nothing will help you in court. Be prepared for the judge and the court as a whole to treat you like a diabolical criminal and shame you as clear and present danger to all of society. Godspeed.

      • Can ask at what time you DUI?

    • +11

      I think .08 was the limit when I started driving. Let me see.

      NSW breath-testing history

      December 16, 1968:

      Breath testing began; blood-alcohol limit of 0.08 introduced; drivers could be tested only after an accident or driving offence.

      December 15, 1980:

      Limit dropped to 0.05.

      http://www.walk.com.au/pedestriancouncil/page.asp?pageid=503

      • +7

        While any impairment is not safe for a person and other road users, the limits that have been set are arbitrary. No different to the way speed limits are set.

        If there was a definitive reading when someone becomes deadly then the "set limits" wouldn't be different across the different countries or randomly moved up and down at-will by politicians and bureaucrats.

        • +48

          Certainly zero is best. Best to avoid if driving.

          0.08 is the point at which people begin making mistakes (most people, measurable mistakes), and
          0.08 is the limit many other countries use to equal or better effect.

          0.05 is the limit in Oz because it doubles the number of fines that get written and no-one can argue that less is better and it doesn't matter what we say because we can't decide what is best for ourselves anyway.

          Pay your tax and go back to your hole like a good peasant, if you have to leave your cart at home and walk your goods to market your born-to-rule betters won't be spilling any Bollinger over it. And yes, the Queen and her Court can still bloody well drink and drive without having the bag put on them or coming to any grief should it happen by accident.

        • +11

          @resisting the urge:

          0.08 is the point at which people begin making mistakes

          Happens way way before that.

          Try riding a motorbike, you notice the difference even after a couple of drinks.

        • +12

          @resisting the urge: This… it seems like people on this forum are afraid to actually speak the truth about this matter.

        • +4

          @shadako:

          seems like people on this forum are afraid to actually speak the truth about this matter

          Sadly, there are a lot of people who believe everything that the government says.

        • +24

          @resisting the urge:
          Rules are set because most people are absolute morons with no self control and very little compassion for others. If you put the limit to .08, people will just whinge that it should be 0.1 etc.

        • +5

          @D C:

          A couple of drinks would get you close to 0.8.

          The advice is two standard drinks in the first hour for a average sized bloke, one for a average sized woman. Most drinks are at least 1.4 standard drinks.

        • +1
        • +1

          @bobbified:
          Damn right.

        • @resisting the urge:

          Well said!!

        • +1

          @resisting the urge:

          Mate I can certainly feel the impairment behind the wheel after a single pint (rarely drink, but weigh ~80kg @ 6'2"), which should have me right on 0.05 (2std drinks in the first hour, 1 every hour thereafter). Depends on the person. I certainly wouldn't want to be driving at 0.08. Could it be that we're simply safer shock horror?

        • +6

          @This Guy:

          The advice is two standard drinks in the first hour for a average sized bloke

          Yeah right and?

          Go grab a motorbike and have your two standard drinks over a couple of hours. Or whatever you feel has no effect on you.

          Go for a ride.

          You'll find everything will go fine, except you'll lose a slight bit of fine control. Especially noticeable when you try to use the back brake (foot operated), you tend to be a bit heavy and lock it up more easily than if you were sober.

          I don't drink if I've got the bike anymore.

          As pointed out the limits are arbitrary, but aren't they always? (Of course the "but I'm bigger so I can handle more booze" folk are somewhat correct but don't seem to know what a percentage is.)

        • +1

          @mickotron:

          This. Ohhh waaahh we have rules to make our country safe, we should have no rules! We can look after ourselves! Why don't you just try living by the rules? They aren't draconian, they are fairly liberal, just get happy in your life instead of rallying against everything.

        • @D C: admittedly the first thing to go is a bit of balance and reaction time. You lose some of this even if you are tired let alone drinking.

        • @resisting the urge: pretty sure limit in japan is 0, and fines are massive (can be $10 000 if my mates werent telling fibs)

        • +10

          If there was a definitive reading when someone becomes deadly …

          The thing is that sober drivers also cause fatal accidents so it's never black and white. What the research shows is that as a driver's blood alcohol content increases from zero, there is an increased risk of being involved in a fatal accident. The acceptable risk is what's arbitrary. The different legal limits show that some societies have a different view on acceptable risk.

          e.g. compared to drivers with 0 BAC:

          • drivers with BAC 0.02-0.049 have roughly double the risk of a fatality (or a 100% increase)
          • drivers with BAC 0.05-0.079 have roughly 4 times the risk of a fatality (or a 300% increase)
          • drivers with BAC 0.08-0.099 have roughly 6 times the risk of a fatality (or a 500% increase)

          (gross oversimplification based on this source )

        • "If there was a definitive reading when someone becomes deadly then the "set limits" wouldn't be different"
          So you are suggesting that "wrote someone else's car off" or "just permanently disabled them" is acceptable?

        • @tomkun01:

          The reading is measured differently but the equivalent is about 0.03 in Japan.

        • +2

          @D C:

          Your experience riding your motorbike doesn't apply to everyone else. Your story is an anecdote and pretty much worthless.

        • @mickotron:
          I thought rules were set because of people in power to keep the peace while they rule :)

        • -1

          @4sure:

          If you read/quoted my post in the correct context, the point I was making was that the limits that have been set are arbitrary.

          That is, there is no agreed specific measurement/amount where people become impaired enough not to be able to drive safely. If there was, the BAC limits in different countries wouldn't be set within such a large range - It ranges from 0.00 to 0.15!

          Do you think that Australians are too impaired to drive at 0.05, but Americans (where the BAC limit is 0.08) can still drive safely? Humans are humans regardless of what country you live in and alcohol has the same effect on the body.

        • @D C:

          I wasn't contradicting you. Two beers is a lot when riding.

          Most blokes I know would have a beer, wait a few hours, then ride home. I went to school with two blokes who both drunk moderately then tried to ride home. Neither made it.

        • @D C: I agree, but statistically in terms of accidents, it doesn't play out that 0.05 is much different to 0.08. There are stats and there are stats. 0.05/0.08 is close enough to the same.

          Besides, a lot of people don't need a drink to drive poorly, they just can't drive and/or were just never taught.

          What we are not all taught/shown (as it would actually make a real difference), is what will happen to us if we cause an accident, let alone kill someone, after having just one drink.

          Spending the rest of your life wondering whether or not your choice to down one small drink before driving was the difference between that person living or coming to grief on your bonnet. Esp. a motorcycle/push bike, etc. Replaying the blood/the motion of the accident in your head for years aftwerwards, waking up dreaming it, never sleeping… that is what people need to be taught- because that is what happens when people die from the actions of others.

    • +6

      When DUI Laws were first introduced, it was under 0.08 which was legal, so i hardly think that's high range.

      • They didnt know much better back then did they.

        Just like how as much as I hate it, we've reduced from 80km to 70km in most areas…

        The difference between the two is staggering, despite the driver not noticing

    • +3

      Just be sorry, and then sorry again, and for good measure, be sorry one more time, walk in with your head down, say the magic words "I do understand I did a stupid thing", display or show your previous good record, say "I've learned an important lesson, I'm sorry", promise never to drink drive again, and probably you will be let off with a warning. Welcome to Australia !

    • +16

      OZBARGAIN RBT

      Voiceover: Tonight, Jason gets pulled over by the police after having a few drinks. What would his level be? Stay tuned and find out.

      Intro segment plays and viewers see a bunch of short clips of police officers doing nothing but walking around with breathalyzers and police cars zipping across the screen

      Cop in unmarked police car(face to camera): Usually, we go around the established drinking areas and do random tests. The reason we do this is because we want to make sure that they are sober before they drive further. Most people we caught usually say they can handle the drink but the problem is the law is the law. It does not matter if you feel sober after downing a couple of pints. Our job is to make sure these people get home safely and don't endanger anyone else on the road.

      Cop pulls over Jason's car
      Cop: So how many drinks have you had, Jason?
      Jason: Just a couple.
      Cop: Just a couple? Do you mind counting to 10 for me please? (He puts a breathalyzer directly in front of Jason's mouth)
      Jason: 1,2,3….
      Cop: Ok, that's good enough. Thank you.

      Voiceover: Jason has been out drinking but what will his reading be?

      toot toot toot toot toot (A number bar appears on the bottom right and starts rapidly showing a bunch of random numbers at high speed)

      DONG. The number 0.11 in red appears.

      Cop: Jason, because you've recorded a reading of 0.11 which is above the limit, we would need you to come back with us to the station for a further test.

      Jason reluctantly leaves his vehicle on the side of the road and sits in the rear seat of the unmarked police car as it goes back to the station.

      Voiceover: Back at the station, Jason is getting his breath tested a second time.

      toot toot toot toot toot (A number bar appears again on the bottom right and starts rapidly showing a bunch of random numbers at high speed)

      DONG. The number 0.08 in red appears.

      Jason looks forlorn and becomes noticeably worried

      Cop: Jason, you've recorded 0.08 which is above the legal limit. Unfortunately, we cannot allow you to drive tonight anymore and would need to confiscate your license. We will arrange a court date for you to appear at a later date. If you like, you could get legal representation.

      Voiceover: As Jason walks away disappointedly from the station (back to camera), he knows this is one date unfortunately he is not going to like.

      woo woo woo (Police siren) and the end segment plays.

      Voiceover: Next week on RBT, police catch a man doing car burnouts as his friend does somersault backflips at the top of the car at the same time. How will it end?

      • You made my day :) that was soo good, I will wait for next RBT episode

      • That was good entertainment. The only thing you forgot is the commercial break (or going to a completely different situation) after that random numbers before showing the result..

  • +67

    It wasn't extreme

    My advice is reevaluate your viewpoint. Everyone that drives drunk says the same thing until they kill someone.
    Don't drive at twice the legal limit.

  • +52

    The best advice for being charged with a DUI is start looking for an electric bike and have some god damn personal responsibility. You should be thanking the stars you didn't cause a crash and that despite putting other people at risk, you didn't cause harm to anyone but your wallet and pride.

    I have no idea why you were told to see a lawyer, they aren't going to save you from a magistrate if there's hard evidence from the police against you with very clearly defined punishments for being over the limit the way you were. Getting a lawyer will just end up costing you significantly more. This isn't a civil case where a lawyer can really make a difference, it's The State against you.

    Were you being combative and belligerent with the police? Because I could see them telling you to get a lawyer if you were, just to spite you.

  • +36

    Go to court, listen to the magistrate, say sorry, accept your fine, pay the price, do the suspension and learn that there is a reason why drunk driving laws exist.

  • +80

    Hang on, you were .011 when you first blew? That's well under .05, so you wouldn't have been taken back to the station.

    Are you sure you don't mean 0.11? That's VERY high and INCREDIBLY reckless. You don't deserve a license. You put lives at risk, you deserve to have the book thrown at you.

    • +23

      This is my thoughts exactly. Had to have been 0.11 at the roadside, then 0.08 at the station.

      High range, and no sympathy. Get caught, take responsibility, learn your lesson.

      • +54

        Unless he was drinking in the cop car!

        • -3

          lol, could be the comment of this year!

        • +2

          gotta get rid of the evidence!

        • +1

          McLovin?

    • +5

      I think the alcohol is still in his system.

      • You're right - a quick drop in reading like means that OP drove pretty soon after his last drink and the alcohol was still in his mouth when he initially blew 0.11.

        To be accurate, the readings should be taken 15-20 minutes after the last drink.

        • +3

          Usually the cop will ask and if you say you had a drink in the last 15 minutes, they will make you wait

        • +8

          @SuperC:

          15mins is 15mins - so always answer yes to this one if you want a bit more time to sober up ;)

        • Wouldn't it go UP immediately after drinking?
          On the way down means no more alcohol is being absorbed.

        • @trapper: Maybe. It all depends on how long you last consumed alcohol.

          If it was truly recent, you may not want to say that.

          The important thing to remember here is that it takes (on average) between 30 minutes and an hour (sometimes longer) for all alcohol consumed to be absorbed into the bloodstream. What that means in real life is that a person’s blood and breath alcohol levels continue to rise in the time after they stopped drinking – which may be the time they are driving. If they are soon stopped by the Police or involved in a road traffic incident then they may find their breath alcohol level is higher when they are stopped that it was when they were at the pub.

          Above from
          https://www.theforensicgroup.co.nz/forensic-news/dont-forget…

          If its longer than an hour, then delaying the test might assist in making your reading lower.

        • @bmerigan: the shock has to get into your intestines before it's absorbed, takes a little time even though it's fluid.

        • Or it was several hours & he was on the way down?!

        • @RockyRaccoon: Depends how much you actually drank in that last 30-60mins, probably not much so it's better to delay the test.

          If you just necked a bottle of vodka then sure, do that test asap.

    • -1

      Doesn't alcohol blood count increase with time initially?

      • I really thought ozbargain would be better than this, but nope, just keep downvoting the facts.

      • +8

        Oh, so we're normalising drink driving now, are we?

        Only a little bit over? You bloody idiot.

        0.11 is VERY high, 0.3 is borderline dead you utter f-ckwit.

        • Calm down, no need for insults.

        • +5

          @RocketSwitch: No, I won't - not when someone is normalising life endangerment. He's literally trying to defend driving at over twice the legal limit. Calling him a f-ckwit is being kind.

        • -1

          It's not normalising drink driving. Stop exaggerating and getting so worked up.

          I'm stating the facts about the terminology and the effects of BAC. It's being ignored by wowsers too keen to get a few moral punches in on someone they see as an easy target, but it's bullshit.

          It literally is over the limit by a low to moderate degree. By definition in law. It is not "high" or "very high". You are wrong.

          It is literally the equivalent of 5 bottles of beer in 3 hours, or 4 schooners in 3 hours.

          Stop lying, stop exaggerating, stop trying to win internet morality points. You're wrong.

          0.3 is not "borderline dead". It's typically just before the point of unconsciousness where the majority of motor functions are gone, and brain function and decision making is completely impaired to the point of stupor. Further than 0.3 generally leads to unconsciousness/coma and potentially dangerous situations which can lead to death. 0.2 - 0.3 would be "very high". It'd be the most dangerous possible BAC.

      • +1

        I write essentially the same post here, -23 votes, I write it at the top of the topic, I get +40 votes and a popular comment award… makes sense

      • Seven standard drinks in three hours is binge drinking. If you think it’s normal and you can drive afterwards, you need help.

        • +1

          Seven standard drinks in three hours is binge drinking

          Who isn't a "binge drinker"? Think you'd be hard pressed to find many people who isn't classified as one!

          The NHMRC Australian Alcohol Guidelines defines binge drinking as having more than 4 standard drinks per night. (Yes, that's per night, not per hour!).

          With a definition like that, it's obvious to see why the stats and studies scream that we're a nation of binge drinkers.

          If any of the studies don't result in figures that draws in sufficient government funding, they'll change the definition of binge drinking to 3 standard drinks per night. Not long after that, every person will be classified as a binge drinker and suddenly we need all these government funded alcohol reduction programs blah blah blah

        • +1

          I didn't say you could drive afterwards, I simply stated the facts and put it in context.

          The vast majority of Australians over 18 have drunk more than 7 standard drinks in 3 hours.

          BTW, here's a little more info, that's 4 schooners in 3 hours (because of the size of a schooner).

          If you're telling me you think that the general public don't drink that much, you're living in fantasy land.

          It is completely normal. Whether or not it's healthy is another story. And yes you shouldn't drive afterwards, but it's certainly not extreme.

        • @thord:

          It’s really crazy behaviour. But I accept it may be common. I hope not, but here could be more alcoholics out there than it seems.

          Personally, a “big night” for me is filling my wine glass to more than half way.

    • 0.11 is NOT very high, not too long ago legal limit in some countries was 0.8 . That is also the main issue with alcohol limits: 0.11 is not high, you are happy and think all is OK. 0.15 you do feel the alcohol, and have problem with balance. 0.2 your balance is gone, so is the eye-hand coordination, likely to spill some glasses. 0.25 now you are really intoxicated, stumbling around and mumbling, nobody understands you. 0.3 people start to faint at this level, this is alcohol poisoning, people can die. 3.5 you are close to death, severe alcohol poisoning.
      Of course there are always exceptions.

      • -1

        Not everyone's tolerances are the same. Sometimes I don't feel right to drive after one beer.

        You are wrong and almost equally reckless to even begin to excuse it.

        • +1

          You're right - I can have two beers and don't feel competent to push a shopping trolley yet I'm [borderline] right to drive.

      • 0.1 is pretty high. Caused me to take a corner too fast and get pulled over by the cops :(

  • +59

    Lol @ OP thinking he could get advice instead of internet judgement on OzB

  • +31

    DON"T DRINK AND DRIVE, YOU IDIOT.

    • +9

      It's bloody idiot get it right…

      • lol, thx for the laugh Slippery.

  • +2

    Apparently there's a website that's called The NSW DUI Court Bible.

    http://nswduicourtbible.com.au/drink-driving-lawyer-nsw-v-du…

    From a quick look the coalition of DUI drivers recommends only getting a lawyer for a DUI charge if you are facing jail time or have other aggravating charges, such as dangerous driving, lumped on top of the DUI charge.

    • Agreed. They only go in say your a good driver please be lenient ect ect. As first timer total waste of money.

      • +1

        It's etc - as in et cetera.

        • +1

          Excetera

        • -2

          @TarquinOliverNimrod:

          Honestly it just sounds right when pronounced excetera.

          Then again, I prefer hearing 'expresso' than people trying their hardest to aspirate the s in 'espresso' so they don't dare be heard saying 'expresso'.

          I'm a shlub and that's the way I like it.

        • +2

          @TarquinOliverNimrod: I'm gonna have to arks you nicely to stop it. All of youse better stop it or I will get more madder.

        • @Munki: *aks

        • @Munki: Not like he killed someone or anythink. No one even had to go to hostable.

        • +1

          @niggard: or axe, depending on your accent!

    • Nice to see someone actually answer the question instead of judging him.

  • +4

    Firstly, you're going to be grilled by the comments here.

    Secondly, if you can afford to not drive for the suspension period, then just take whatever the penalty is. If you really need your licence for work etc, then lawyer up so that you have the best chances of retaining your licence or minimising your suspension period. Go and register for the alcohol class to show remorse and your willingness to learn from your mistake.

    However, given the focus of all these media campaigns, etc on drink driving, I don't like your chances of retaining your licence. It's very unlikely you'll get off without a suspension.

    btw - there's no guarantees what outcome you'll get with a lawyer. They vary quite dramatically. The cost of it is pretty much a risk you must make a decision on yourself.

  • +6

    0.11 - that's more than double the limit. I hope you get a large fine and long suspension.

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