Drink Driving
What is Drink Driving?
All Drink Driving offences are found within the Road Transport Act 2013.
If you are found driving a motor vehicle while under the influence, you can be charged based on your blood alcohol concentration (BAC) level.
The seriousness of the penalty you may face, will largely be dependant on the BAC as well as the circumstances surrounding it, including your manner of driving, number of persons put at risk or whether there was a collision.
Or contact us at (02) 8067 8361
Our passionate traffic lawyers have experience representing clients charged with Drink Driving offences.
When to reach out to a traffic lawyer
It is extremely important to speak to our passionate criminal lawyers about the likely penalty, court process and any disqualification period you may be liable to serve.
We understand that losing your licence carries serious consequences, and our aim is to achieve the best possible outcome for you and your family.
Or contact us at (02) 8067 8361
FAQ
What are the different types of Drink Driving offences?
- Novice Range: 0.00-0.19
- Special Range: 0.02-0.049
- Low Range: 0.05-0.079
- Mid Range: 0.08 – 0.149
- High Range: 0.150 +
Can I receive an Infringement Notice for Drink Driving?
Infringement Notices only apply to first time Low Range Drink Driving charges.
The police can use their discretion to give you an infringement/fine instead of a criminal charge to be heard before a court.
If I receive an Infringement Notice for Low Range Drink Driving, what are my options?
- Pay the infringement – in which case you will receive a Notice of Suspension from Transport NSW that suspends your licence for 3 months under section 59 Road Transport Act 2013. You will be suspended by the police until this is paid. You have the option to take the matter to court appealing the suspension imposed by Transport NSW.
- Do not pay the infringement and elect to take to court – you will then plead guilty or not guilty. If you plead guilty, the aim is to try and seek leniency from the court to not impose a disqualification period
It is important to note that by taking a matter to court, you therefore risk a criminal record and an increase in the fine.
What kind of penalties should I expect to receive?
If convicted, the court will give you both a criminal penalty and penalty relating to your licence.
This could be in a form of a good behaviour bond, in addition to a disqualification/interlock period.
Refer to our table of penalties for Drink Driving.
Will I receive time off the road for a Drink Driving offence?
It is quite likely that you can receive some time off the road. Especially when roadside your alcohol level is detected as ‘over the limit’, the police automatically suspend you from driving immediately.
It is possible to be able to drive again once your matter is finalised in court, however if you have been detected in the Mid or High Range, the chances of receiving a disqualification of some kind are high.
Will I be able to avoid a conviction if I am found High Range Drink Driving?
Honestly, the chances of this are very minimal – if not extremely rare.
On 8 September 2004, the NSW Court of Criminal Appeal delivered a guideline judgment relating to the offence of High Range PCA.
The guideline judgment outlines that a section 10 (no conviction) will rarely be appropriate in the case of High Range PCA. The case outlines that a person’s moral culpability is increased by the following factors:
- A collision between the vehicle and another object;
- The degree of intoxication;
- Erratic or aggressive driving;
- The length of the journey at which others were exposed to risk;
- Competitive driving or showing off;
- The number of persons put at risk.
Where any of the above aggravating factors are present, the penalty will increase in seriousness.
This is the most serious of the drink driving offences, and almost always results in a criminal conviction and a disqualification. If charged with this offence, it is important to speak to a criminal lawyer for advice and guidance on how best to prepare for court.
Should I attend the Traffic Offenders Program?
If you are pleading Guilty to a Drink Driving offence, it is very important to participate in a Traffic Offenders Program to increase your chances at receiving the best possible outcome.
Speak to our legal team for recommendations of approved courses to complete prior to your court date.
What is Novice/Special Range Drink Driving?
Broadly speaking, this offence generally applies to a person who is subject to a learner, P1 Provisional or P2 provisional licence. This is because the reading falls below 0.05, however the person is subject to a zero alcohol limit.
If I receive an Infringement Notice for Low Range Drink Driving, what are my options?
- Pay the infringement – in which case you will receive a Notice of Suspension from Transport NSW that suspends your licence for 3 months under section 59 Road Transport Act 2013. You will be suspended by the police until this is paid. You have the option to take the matter to court appealing the suspension imposed by Transport NSW.
- Do not pay the infringement and elect to take to court – you will then plead guilty or not guilty. If you plead guilty, the aim is to try and seek leniency from the court to not impose a disqualification period
It is important to note that by taking a matter to court, you therefore risk a criminal record and an increase in the fine.
Will I have to fit an Interlock device in my vehicle?
Apart from Novice, Special and Low Range (first offence), if you are convicted of a Drink Driving offence, it is mandatory for an order to be made that an interlock device to be fitted into your vehicle.
The length of time depends on your alcohol reading.
If you receive a ‘non conviction’ outcome (no matter the alcohol reading) then you will not be subject to a Mandatory Interlock Order.
Will the court take into account my need for a licence?
Yes, of course. Your need for a licence is a significant consideration for the magistrate and may result in you receiving the minimum period of disqualification for your charge.
Can I defend a Drink Driving charge?
Yes. Some Defences may be:
- You were not driving or trying to;
- The alcohol reading is incorrect;
- Honest and reasonable mistake of fact – that you were unaware that the alcohol was in your system (ie you were spiked).
Is there any benefit to Pleading Guilty?
If you plead guilty at an early opportunity, you will receive a mandatory 25% discount on sentence.
This could decrease your amount of time off the road and criminal penalty.
Penalties for Drink Driving
First Offence
Second or Subsequent Offence
Award Winning Criminal Defence Lawyer Featured In:
Get started
Contact our office today to arrange a free consultation with one of our lawyers to discuss your upcoming court proceedings.
Or contact us at (02) 8067 8361