Drink Driving

We provide legal representation to defendants charged with criminal offences and in Traffic Law matters.

Call us on (02) 9891 0011

Drink driving is viewed very seriously by the Courts.

The Road Transport Act 2013 (NSW) makes it an offence to drive a motor vehicle or occupy the driving seat of the motor vehicle and attempt to put the motor vehicle in motion, while there is present in the driver’s breath or blood the applicable novice range prescribed concentration of alcohol.

The different categories of PCA offences are:

Novice range prescribed concentration of alcohol:

A concentration of more than zero grams, but less than 0.02 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.

Maximum penalty for first offence: 10 penalty units ($1,100). The automatic disqualification period is 6 months and the minimum disqualification is 3 months.

Maximum penalty for second or subsequent offence: 20 penalty units ($2,200). The automatic disqualification period is 12 months and the minimum disqualification period is 6 months.

Special range prescribed concentration of alcohol:

A concentration of 0.02 grams or more, but less than 0.05 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.

Maximum penalty for first offence: 10 penalty units ($1,100). The automatic disqualification period is 12 months and the minimum disqualification period is 6 months.

Maximum penalty for second or subsequent offence: 20 penalty units ($2,200). The automatic disqualification period is 12 months and the minimum disqualification period is 6 months.

Low range prescribed concentration of alcohol:

A concentration of 0.05 grams or more, but less than 0.08 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.

Maximum penalty for first offence: 10 penalty units ($1,100). The automatic disqualification period is 12 months and the minimum disqualification period is 6 months.

Maximum penalty for second or subsequent offence: 20 penalty units ($2,200). The automatic disqualification period is 12 months and the minimum disqualification period is 6 months.

Middle range prescribed concentration of alcohol:

A concentration of 0.08 grams or more, but less than 0.15 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.

Maximum penalty for first offence: 20 penalty units ($2,200) or imprisonment for 9 months or both. The automatic disqualification period is 12 months and the minimum disqualification period is 3 months.

Maximum penalty for second or subsequent offence: 30 penalty units ($3,300) or imprisonment for 12 months or both. The automatic disqualification period is 3 years and the minimum disqualification period is 12 months.

High range prescribed concentration of alcohol:

A concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.

Maximum penalty for first offence: 30 penalty units ($3,300) or imprisonment for 18 months or both. The automatic disqualification period is 3 years and the minimum disqualification period is 12 months.

Maximum penalty for second or subsequent offence: 50 penalty units ($5,500) or imprisonment for 2 years or both. The automatic disqualification period is 5 years and the minimum disqualification period is 2 years.

If the Court does not make an exemption order for the person to be exempt from participating in the Mandatory Alcohol Interlock Program, the above disqualification periods apply.

The Mandatory Alcohol Interlock Program:

If a Court orders a person to participate in the program, the person will be disqualified for a certain period of time and ordered to participate in the program for a minimum period of time. The minimum and maximum periods of disqualification will differ from the periods of disqualification outlined above, under the relevant prescribed concentration of alcohol.

The Mandatory Alcohol Interlock Program is a program which applies to drivers who are convicted of high range, repeat and other serious drink driving offence on or after 1 February 2015.

An interlock is an electronic breath testing device linked to the ignition system of cars, motorcyles and heavy vehicles. Drivers must provide a breath sample that the interlock analyses for the presence of alcohol. If alcohol is detected, it prevents the vehicle from starting. All program participants in NSW must have a zero blood alcohol concentration when driving.

The costs of the program are born by the participant and include installation, monthly leasing fees, device maintenance and removal.

The Court may make an exemption order if the person does not have access to a vehicle in which to install an interlock device or has a medical condition.

The above is general information only. It is important that you seek legal advice from an experienced Lawyer and discuss the offence and the penalties applicable.

We do not charge for first appointments. During your first appointment an experienced Lawyer will provide you with legal advice in relation to the charges you are facing.

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Call (02) 9891 0011 to speak with a Lawyer for your first free consultation.

Call us on (02) 9891 0011 info@auslawyers.net.au

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