Driving under the influence (DUI) or driving while intoxicated (DWI) is considered a criminal offence in Australia. When one’s blood has alcohol content that exceed 0.05% then they are considered intoxicated and can convicted. The penalties differ depending on the alcohol content, for more alcohol content the matter is considered an aggravated offence and attracts more chastisement.
According to Geoff Gallagher a drink driving lawyer from Tweed Heads, NSW the penalties may include suspension of the driving license, fines, demerits, and even jail time for severe offences. Drivers caught drinking may in some instances have their cars fitted with a device that detects if they drive their car while intoxicated.
The mandatory education requirement for a drink driving lawyer includes a bachelor’s degree in law from a recognised university, and one must have passed the bar exam in order to be in a practising state.
• A drinking lawyer must have a specialisation in DUI/DWI cases, though a majority of their cases involve DUI acts. In this regard, key on their duties is understanding the laws pertaining to drink driving in the state that he or she practises.
• Their other chief role is to elaborate the charges to their client, recommend the best course of action, and to represent their client in court. They also handle all the administrative details involved in the case.
• At all times, the drink driving lawyer will try to get the many of the charges against their client dropped or reduced early in the legal process. These negotiations happen during the pre-hearing.
• In some cases, where there is sufficient evidence the lawyer may persuade the client into entering a plea bargain or a lesser sentence bargain. They lawyer can file a motion to overthrow their clients statement if detained.
• They can also schedule for an evidence hearing in order to expose the evidence that the persecution holds against his client.
• During the trial, the drinking lawyer assist in selection of the jury panel. They collect expert witnesses and detectives on behalf of their client. They also undertake to uncover any inconsistencies in the charges or police procedures used to determine them.
• They also endeavour to thoroughly understanding of the DUI laws in their state as well as the behaviour of their client. They must also have strong communication skills which come in handy in negotiating with the prosecution team and when informing their clients their rights, responsibilities, and options.
• They must also have highly organized skills since there are voluminous details to sort through the evidence so as to have capable critical skills and enable them to correctly analyse all the available options on their client’s behalf.
The drinking driving lawyer fees are normally charged on hourly basis. However, the cost will always vary depending on the amount of workload and the level of charges levelled against their client. For matters that might need to be escalated to a tribunal court, then some additional fees might be required as more time is involved.
Besides, it may involve obtaining documents and sometimes negotiating with other parties involved in the case.