Drink driving is a serious offence, and if arrested for it, you need to contact a lawyer as soon as you can. There are several drunk driving offences with which you can be charged, including prescribed concentration of alcohol offences or PCAs. Some of the other offences include:
- Driving Under the Influence, DUI
- Refusing a Breath Test
- Refusing a Breath Analysis
- Wilfully altering blood concentration
Which PCA offence you are charged with will depend on your blood alcohol level at the time of your arrest. However, the other listed offences with which you may be charged do not have an accompanying blood alcohol range.
Driving Under the Influence
You may be charged with a DUI if were caught driving a vehicle, sitting in the seat of a vehicle and attempting to move it, or sitting in the seat of a vehicle next to someone learning to drive it. A DUI differs from a PCA offence because the observations of the police and/or witnesses may be taken into account to find you guilty. These observations could include smelling alcohol on the breath of the driver, or noticing bloodshot or glazed eyes, slurred speech, being unsteady on their feet or if they were involved in an automobile accident.
Refusing a Breath Test
When directed by a police officer to do so, a driver must submit to a breath test, which is usually at the time they are stopped. If you refuse to take a breath test or fail to provide one, you can be charged for the offence and fined, if found guilty. You could also lose your driver’s license for a short period of time.
Refusing a Breath Analysis
This charge is considered more serious than refusing to take a breath test. If you are directed by a police officer to provide a breath analysis and refuse, you will be given two more opportunities to do so. However, if you refused all three requests for a breath analysis, then you will be charged for refusing to do so. Asking to speak to your attorney before taking the test is not considered a legitimate reason for refusing a breath analysis. If charged and found guilty, you not only face a fine, but you can be sent to jail and lose your driver’s license for up to three years.
Wilfully Altering Blood Concentration
This offence means that if you consume a substance that will alter your blood alcohol level between the time you committed an offence and the time you are tested, you can be charged for it. For example, if you were drinking and involved in a car accident and consumed more alcohol before the police arrived on the scene, you could be charged with this offence. You can be fined, face jail time and you risk losing your driver’s license for up to three years.
If you are arrested for a drunk driving charge, you need to contact one of the drink driving lawyers in your area for representation. An attorney may be able to get the charge dismissed or reduced.