Many still consider drunk driving as just a trivial thing. But the truth is, it really is not. When a person is charged for drunk driving even if it is the first time that they committed the offence, they could either be subjected to a criminal conviction, paying a fine, or having their license disqualified. For those that commit driving offences NSW that are more serious, imprisonment will be considered depending on the gravity of the offence.
It is a common myth that there is no way that a drunk driving case is won. This is not true. There are certain instances when there is a choice to not plead guilty and successfully defend the case. Continue reading to know more about how this can be possible.
What is PCA?
Drunk driving is more commonly known as DUI. But, not all drunk driving charges are DUI. Some of them are actually PCA.
DUI means “Driving Under the Influence of Alcohol”. For the authorities to prove that a driver can be charged for DUI, they must actually really be under the influence of any alcoholic substance at the moment of the arrest. The authorities may state any signals that will prove that the driver is intoxicated. This includes the presence of bloodshot eyes or the erratic way of driving.
Because of this, DUI is subjective and difficult to prove. There is just no concrete scientific way to prove that a driver is really influenced by alcohol when they are driving.
On the other hand, PCA means “Prescribed Concentration of Alcohol”. This charge actually enables the authorities to charge a driver who displays an amount of alcohol in their system exceeding the standard and prescribed limit.
The Two-Hour Rule
Not a lot of people know this but there is a minute rule that you should know. When a police administers a breath test two or more hours after you drove a vehicle, the result cannot be reliable and it may not be used as an evidence to prove your intoxication.
In general, the authorities follow this rule except for some exceptions. For example, this rule can be breached in case there is an accident and the police arrive at the accident scene more than two hours later.
The Home-Safe Rule
This rule stipulates that the authorities should not be allowed to administer a breath test when you are at home. Like the two-hour rule mentioned above, when a breath test is done at your house, the results cannot be accepted as evidence in court.
Do You Need a Lawyer?
In most cases, a PCA charge can be handled without the help of a lawyer. It is really up to you. However, if this is your first time committing driving offences NSW and you are not that familiar with the legal aspects, it would be wise to seek legal help. The process can be complicated and stressful and it would be better if you have a lawyer with the right experience and skills to help you get through the case and increase your chances of winning the case.