Being changed with drink driving doesn’t mean that you are guilty of drink driving.
It means that the State are "alleging"-forgive the legalism - that you have broken the law by driving with excess alcohol in your system.
The police may arrest and charge you,
but only a Judge can convict and disqualify you.
This is the opening round in the State's argument against you.
But it is not proof that you broke the law.
Let me explain.
The only branch of government that can disqualify you from driving are the Judiciary.
The Judiciary are separate and distinct from both the Government and its bodies, including the police.
Only a Judge can disqualify you from driving.
The police cannot.
The role of the police is to prevent and detect crime.
They bring people whom they suspect of breaking the law to the Court, but it is up to the Courts to determine whether they have actually broken the law.
The courts decide guilt or innocence.
They decide whether you’ve been guilty of any crime.
So, if you are arrested for drink driving and are charged with this offence, it's important to know that this is just an allegation, not proof.
A person may be convicted or they may be acquitted.
And because of that, because the decision to disqualify someone is so monumental, it’s something that can only be determined by Judicial oversight.
The Judiciary are independent.
They are independent of the police and the prosecution.
So, if you are arrested and charged with drink driving you are still entitled to drive unless and until a Judge orders your disqualification from driving.
The police may arrest and charge you, but only a Judge can convict and disqualify you.