Few motoring offences are more serious than a charge of drink-driving. Courts will take a very dim view if such a case is brought against you and will disqualify you from driving, if you are found guilty. It's at times like these that you realise just how important your driving licence actually is. After all, you may need it for your daily occupation. What options are available to you? Can you apply for a hardship license?

Minimum Disqualifications

Most states have a mandatory licence disqualification law that will be implemented automatically following a drink-driving offence. The courts are not allowed to be lenient and must impose a minimum period of disqualification.

Types of Offence

However, there are two different types of charge here, depending on the seriousness of the allegation. You could be accused of exceeding the prescribed concentration of alcohol, also known as PAC. This is not as serious charge as driving under the influence (DUI). This latter claim will assert that you were so under the influence of drugs or liquor that you could not exercise proper control of the vehicle. The former typically comes with periods of disqualification and a fine, whereas the larger DUI claim could set you up for a prison term in certain circumstances.

Is It Trifling?

If you've been charged with PAC, there is a chance that you could get some relief. However, this will depend on the very nature of the charge and whether or not the courts can be convinced that the offence was "trifling."

As an example, you might have decided to move your car from its current position in the car park of a pub to an area that may have been safer, or better lit. You didn't have the intention of driving the car home, but were waiting for a taxi to pick you up. This may be viewed by a magistrate as a "trifling" offence, and you may be entitled to get some relief. They could reduce the prescribed ban to the absolute minimum. It's best, however, to get some sage advice about your situation from an impartial third party, as it may be human nature to downplay the seriousness of your particular charge!

Building Your Case

If you feel that you may qualify for just such a waiver, it's in your best interests to talk with a drink driving lawyer who is experienced in handling this type of case in court.