Share on LinkedInShare on LinkedIn

ARTICLE · 24 JANUARY 2024

How to beat a drink driving charge

Discusses the defences that you could use to try to beat a drink driving charge.

AustraliaCriminal Law

A common question criminal lawyers face is how to beat a drink driving charge. While many people are aware of the repercussions of drink driving, there is less knowledge about possible defences.

While you may feel the only option available is to plead guilty and accept the consequences, this is not always true.

How to beat a drink driving charge

You can beat a drink driving charge by arguing one of the following defences:

  1. The Two Hour Rule
  2. The Home Safe Rule
  3. Unsafe Reading / Challenging Reading
  4. Honest and Reasonable Mistake
  5. Police cannot prove you were Driving

If you believe any of these defences to drink driving are available to you, then your criminal lawyer can draft representations to police to get the charge withdrawn. Representations are a legal document which sets out the legislation and case law applicable to your case. It generally takes police 6 weeks to determine whether they will accept representations.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from