02 Dec Staying Out of Trouble This Festive Season: Legal Tips for a Safe Holiday

As we approach the holiday season, the spirit of celebration can sometimes lead to less-than-celebratory encounters with the law. Festive gatherings, work parties, and New Year’s celebrations are wonderful times to let loose and relax. However, police around New South Wales and Queensland are also aware that with the cheer often comes a spike in public intoxication, drink-driving, and drug-related offences. At FEDOROV Family Lawyers, we know that your holiday memories should be about friends and family—not fines and court dates. So, here are some tips to keep you safe (and out of our office!) this festive season.

1. Watch Your Drink and Stay Sober Behind the Wheel

It’s no secret that drink-driving charges peak over the holiday period. Police patrols, roadblocks, and random breath tests multiply in December and January, especially around major celebrations. While a cold drink or two is often part of the season’s festivities, remember that Australia’s drink-driving laws are among the strictest.

Our Tips:

• If you’re driving, stick to zero-alcohol drinks. “I’ll just have one” can quickly turn into two, three, or who knows how many once the festive spirit kicks in.
• Use public transport, designate a sober driver, or get a rideshare app downloaded and ready. If you’re in a more rural area where options are limited, plan your travel ahead or arrange to stay the night.
• And if you are curious, Queenslanders are held to a limit of 0.05 BAC for most drivers, while in New South Wales, there are specific 0.02 or even zero-tolerance rules for certain categories of drivers. Best to err on the side of caution!

2. Avoid Public Intoxication: Don’t Let Things Get Out of Hand

Nothing dampens holiday joy like a night spent in a police cell for public intoxication. Both Queensland and New South Wales police have the authority to detain you if they believe you’re a risk to yourself or others. That means if you’re visibly drunk and a bit rowdy, you could be taken into custody—even if you haven’t committed any other offence.

Our Tips:

• Pace yourself and keep hydrated! Alternate every alcoholic drink with a glass of water, juice, or soft drink.
• Surround yourself with friends who’ll tell you when enough is enough. The best friends are the ones who’ll steer you clear of trouble, even if it means taking your glass away.
• Avoid confrontations. If you sense a tense situation brewing, take a deep breath and walk away. It’s just not worth spending the night sobering up under the harsh lights of a holding cell.

3. Say No to Drugs: Know the Risks

While holiday parties may sometimes have substances on offer beyond a glass of bubbly, it’s important to remember that drug-related offences are taken extremely seriously in both Queensland and New South Wales.

Even recreational drug use carries harsh penalties, with possession, supply, and even being present at a drug-related gathering potentially attracting charges. And don’t be misled—drug testing on the road is not limited to alcohol. Roadside saliva tests can detect drugs like cannabis, MDMA, and methamphetamine. Penalties for drug-driving are just as tough as drink-driving, and they may lead to licence suspension, fines, or even jail time.

Our Tips:

• Just say no! Even a minor drug charge can have long-lasting consequences, affecting future employment and travel.
• If you’re out with friends who engage in drug use, consider removing yourself from the situation. Being in the wrong place at the wrong time can create serious legal problems, even if you’re not the one in possession.
• And remember, laws around drug offences vary between New South Wales and Queensland, so don’t make assumptions based on interstate friends’ advice.

4. Keep a Lid on Your Festive Cheer: Avoid Anti-Social Behaviour

With heightened emotions, alcohol, and large groups of people, holiday gatherings can sometimes lead to conflicts. Minor incidents like swearing, shouting, or causing a disturbance may lead to a charge of public nuisance or disorderly conduct, which can lead to hefty fines or worse.

Our Tips:

• If something starts getting heated, it’s best to walk away. That argument over the last can of cold beer just isn’t worth it.
• Try to be mindful of how much you’re drinking and monitor your reactions. Alcohol is known to affect judgement and can lead to situations you may regret later.
• If you find yourself feeling agitated, take a walk, call a friend, or practice some deep breathing techniques. Sometimes, stepping away from the action is the best way to avoid a night ending in fines and formal apologies.

5. Know Your Rights and Responsibilities

If you do find yourself interacting with the police, it’s essential to know your rights. In New South Wales and Queensland, police have the power to ask for your ID if they suspect you’re committing an offence, but you don’t have to answer all of their questions without legal advice. You have the right to remain silent and ask to speak to a lawyer if things get serious.

Our Tips:

• Always stay calm and be polite. Arguing with the police never helps your case.
• Carry your ID if you’re planning on heading out, as being unable to provide it can escalate a situation unnecessarily.
• Know that if you’re arrested or detained, you have the right to request a lawyer. FEDOROV Family Lawyers are here for you, even if the festive spirit got a little too merry.

This holiday season, we want you to enjoy every moment, keep yourself safe, and protect your clean record. By making wise choices, knowing your limits, and being mindful of your surroundings, you can avoid legal troubles and keep the festive spirit truly celebratory. After all, there’s nothing better than ringing in the New Year with good memories and without court dates looming in January.