Crashing your vehicle while drink driving is likely to see a person charged with a criminal offence and there are matters both inside and outside the courtroom that the individual may have to attend to.
Being accused of crashing your vehicle while drink driving is a serious legal matter that can lead to severe repercussions. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best outcomes for clients who have been charged after allegedly crashing their vehicle while drink driving.
If you or anyone you know have been accused or charged with criminal offences after allegedly crashing their vehicle while drink driving, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
CAN POLICE BREATH TEST AFTER A CRASH?
Yes, in addition to Random Breath Tests (RBTs), Police have the authority to breath test any driver involved in a crash.
WHAT IS THE CRIMINAL OFFENCE OF DRINK DRIVING?
The criminal offence of drink driving is constituted in Section 110 of the Road Transport Act 2013 (NSW) and is defined as having the prescribed concentration of alcohol (PCA) in one’s breath or blood and driving a motor vehicle, or occupying the driving seat of a motor vehicle and attempting to put the motor vehicle in motion, or if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) – occupying the seat in a motor vehicle next to a learner driver who is driving the vehicle.
WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF DRINK DRIVING?
If you have been convicted of the criminal offence of drink driving, whether or not there was a crash, the penalties available to the Court depend on the level of PCA in your breath or blood.
Novice, special or low range drink driving convictions
A maximum fine of $2,200 for a first offence, with an automatic disqualification period of 6 months and a minimum disqualification period of 3 months.
First-time mid-range drink driving convictions
A maximum term of imprisonment of 9 months and a $2,200 fine, with an automatic disqualification period of 6 months and a minimum disqualification period of 3 months, as well as a mandatory interlock period of 12 months. For a second or subsequent offence, the maximum imprisonment term is increased to 12 months and the maximum fine increased to $3,300.
First-time high-range drink driving conviction
A maximum term of imprisonment of 18 months and a $3,300 fine, with an automatic disqualification period of 9 months and a minimum disqualification period of 6 months, as well as a mandatory interlock period of 24 months. For a second or subsequent offence, the maximum imprisonment term is increased to 24 months and the maximum fine increased to $5500.
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THE CRIMINAL OFFENCE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANY OTHER DRUG
If you are involved in a car crash and it is alleged that you had been driving under the influence of alcohol, you may be charged with the criminal offence of driving under the influence of alcohol or any other drug, pursuant to Section 112 of the Road Transport Act 2013 (NSW).
Unlike the criminal offence of drink driving, the criminal offence of driving under the influence of alcohol or any other drug does not require a specific blood alcohol level. Rather, it requires that your ability to drive was impaired by alcohol or drugs.
The maximum penalty for the criminal offence of driving under the influence of alcohol or any other drug is, in the case of a first offence, $3,300 and/or imprisonment for 18 months. For a second or subsequent offence, the maximum penalty is $5,500 and/or imprisonment for 2 years.
CAN I GET BAIL FOR A CHARGE AFTER ALLEGEDLY CRASHING WHILE DRINK DRIVING?
Yes, you may be granted bail on a charge of a criminal offence after allegedly crashing your vehicle while drink driving. Our specialised criminal lawyers at Criminal Lawyers Group are the leading law firm in NSW for securing bail for our clients who have been charged with criminal offences after allegedly crashing their vehicle while drink driving.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with a criminal offence after allegedly crashing your vehicle while drink driving, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts, the withdrawal of charges and the avoidance of prison sentences for our clients across NSW who have been charged with crashing their vehicle while drink driving.