DRINK DRIVING OFFENCES IN NSW:
THE LAW:
WHAT IS THE OFFENCE OF DRINK DRIVING?
Section 110 of the Road Transport Act 2013 (NSW) defines the offence of drink driving 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 ARE THE PENALTIES FOR THE OFFENCE OF DRINK DRIVING?
The penalties available for the offence of drink driving depend on the level of PCA in the driver’s breath or blood.
Novice, special or low range drink driving convictions can incur 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.
A first-time mid-range drink driving conviction can incur a maximum term of imprisonment of 9 months and a $2200 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 $3300.
A first-time high-range drink driving conviction can incur a maximum term of imprisonment of 18 months and a $3300 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.
DRINK DRIVING OFFENCES IN NSW
NSW Police are constantly out in force detecting motorists committing the criminal offence of drink driving.
The tragic outcomes of accidents resulting from the offence of drink driving and reports suggesting a high rate of drink driving galvanises the NSW Government and agencies to encourage society to refrain from the offence of drink driving, through road safety campaigns and associated advertising and messaging. The NSW Government established the ‘What’s your Plan B?’ program designed to advise and remind people who are going out for a drink to leave the car behind and plan another way home.
Despite the diverse methods used to discourage the commission of the offence of drink driving, these attempts run parallel to, and not a substitute of, the enforcement of the laws which criminalise the offence of drink driving.
The repercussions of a drink driving offence may be severe. Further to any court-imposed penalties and loss of licence, a conviction of drink driving and criminal record may affect your career and future prospects. If you or someone you know have been charged with the offence of drink driving, contact Criminal Lawyers Group immediately for a free consultation.
ALLEGED DRINK DRIVER CHARGED AFTER SHOPPING CENTRE CARPARK CRASH
A 44-year-old man has been charged with the offence of high-range drink driving after allegedly crashing his vehicle multiple times in a Newcastle shopping centre carpark on the afternoon of 12 January 2025. The man is alleged to have struggled to enter the carpark, being required to reverse before driving in, prior to crashing into three consecutive bollards and twice hitting a Mercedes whilst attempting to park.
Members of the public stopped the driver and security attended a short time later. The driver left the shopping centre after providing his details to security, although was pulled over and is alleged to have returned a positive breath test, which was confirmed by a breath analysis conducted at Newcastle Police Station.
The man’s licence was suspended and he is scheduled to appear in Court on 27 February 2025.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with a drink driving offence, contact our expert drink driving criminal lawyers at Criminal Lawyers Group immediately for a free consultation. Our award-winning criminal law experts have proven results in securing not guilty verdicts and no conviction recorded outcomes for our clients across NSW who have been charged with drink driving offences.