Drink driving - Motorcycle Accident FAQs

Drink driving

Very few motorcyclists are convicted of drink driving, but a drink driving charge carries a mandatory minimum 12 month ban.

A ban can be reduced to nine months for a first offence if a rehabilitation course is taken. There are numerous separate offences that can arise out of drink driving and the police usually pick the nearest to your circumstance.

You must co-operate with them obtaining a reading and cannot delay providing a reading to obtain legal advice.  Failure to co-operate is a separate offence with similar punishment.

There are very limited ways to deal with a positive alcohol reading if the police have followed the correct procedure and can show that the system was working properly. Challenges usually relate to whether the proper procedure was followed and/or whether the machine was working properly. For readings just above the limit the police also have to give you the option of a further sample.

The court can find special reasons not to disqualify, but only in truly exceptional circumstances. “Spiked drink” defences rarely work if you were so far over the limit that you would have had trouble walking in a straight line and should have known you were over the limit anyway. The fact you were so drunk your judgment was impaired will not work either.

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