Mixing drink and drive can be dangerous for you and others as well. But sometimes you’ll never know what is going to happen? Maybe it’s your best friend calling overnight for dinner and beer. And you end up with local police charging you for drunk-driving. A few people think it is charged under DUI which is pronounced as Driving Under the influence of alcohol.
They are entirely wrong. It falls under the Prescribed Concentration of Alcohol (PCA). A cop requires the solid proof to prove you actually drove your car under the influence of alcohol. Only a few proofs including the bloodshot eyes, intoxications signs, or non-responsible driving cannot decide you were drunk. They don’t have any other way to prove you were under the alcohol consumption. This can be challenging.
Police will always charge you under PCA in such case. It says they can only charge you in drink driving until it is in blood under the prescribed concentration of alcohol instead of its actual consumption. By measuring a person’s PCA with the degree of precision in their blood, cops can file charges against them. But there are still chances to defend a person against PCA charge. Drink Driving Lawyers Perth has done it so many times saving a person in such scenarios.
What to do if you are not allowed to communicate with a lawyer?
Well, you have the right to get legal advice from a lawyer before you provide any evidence like a blood sample. Cops will allow you to meet your lawyer without any delay. They will also provide a list of available lawyers to get a free legal tip over a cellphone.
What kind of tests the Cops will make you go through?
It all begins with a simple breath test which we call sniffer test sometimes. The officer will hold a device near your mouth to identify whether its alcohol in your breath or not? Or sometimes in case of failure you have to undergo a breath screening test where you’ll ask to blow inside a handheld gadget. It shows how much alcohol you had before?
Now, the biggest challenge is how to beat PCA charge. It may be due to any reasonable mistake, improper police procedures, and lower alcohol rate in blood during driving, etc.
Lower Alcohol content:
The breath checking gadget used by cops to detect alcohol level in blood cannot provide the accurate figures. Even police itself doesn’t depend on its outcome to file PCA offense charges against you. A positive figure can make cop to arrest you and bring you to the nearest police station or testing over another device. So they are fully dependent on the alcohol composition in blood.
A blood-alcohol level inside a person’s body can rise or down from time to time even though they have quit drinking alcohol. So it is clear that its percentage may differ in official reading at the police station and during driving. So they can’t prove a person is guilty of driving under drink.
If you think you were under the legal boundaries when you were caught; be honest and reasonable. No one can charge you for that. By the time defense is started, the prosecutions have to clarify that the fault was not honest or reasonable. I know it sounds like a simple practical exercise, but on the basis of the scenarios covering the case, sometimes it becomes very challenging to prove it in court that the mistake was reasonable. So you need an experienced lawyer’s advice to keep yourself safe.
While charging or arresting someone for drunken driving, police needs to follow a few protocols. If they do not comply with these protocols, it’s your plus point. It can make you get rid of a drink driving charge.
In such scenarios, there are various requirements which need to get fulfilled such as its compulsory for cops to get your breath analysis report within two hours from last driving which we call “two-hour rule.”
Apart from a breath test taken on the road, cops have to get your entire breath analysis report in just two hours. They can’t submit report created from the taken sample after that time.
So, in order to make charge sheet against you, cops have to prepare a breath analysis report which must be gathered within two hours. After that, they can’t prove drivers had alcohol in the blood. Thus, they need any other solid reason to make you guilty.
It’s true that most attorneys find it challenging to accept that such cases can be defended. Well, it’s just a matter of time. A good one will always come with favorable advice and prove each aspect clearly. They will also provide you moral support providing hope for the best. So my advice is that taking advice from a lawyer is the only way to get rid of such accusations.