Criminal Lawyers Group is highly experienced and one of the best Drink Driving Lawyers in Sydney. Top Number 1 Ranked for Traffic Lawyers in Sydney, our Drink Driving Lawyers are a results-driven, client focused team that provides only the highest possible standard of experienced representation with a high Success Rate in dealing with drink driving matters.
Drink driving is a serious, criminal offence and should never be thought upon lightly. However, despite all the publicity and government work to boost awareness about the serious dangers of drink driving and serious penalties involved, people still continue to drink and drive. In fact, statistics show that drink driving is a factor in more than 20% of all fatal crashes in NSW and accounts for approximately 100 fatalities annually. As a result, the Court takes such offences seriously by imposing several penalties which can have a subsequent impact on an individual’s liberty and lifestyle. In fact, there is a Judgement Guideline on High Range Drink Driving Offences.
The offence of drink driving is found under section 110 of the Road Transport Act. In order to best understand the offence, it is important to have a sound understanding of Prescribed Concentration of Alcohol (PCA). Commonly referred to as a blood alcohol reading, PCA measures the amount of alcohol in grams per 100mL of blood. This reading is crucial in drink driving cases, as a higher PCA generally results in more significant penalties. In NSW law, drink driving penalties are enforced as per the below categorisation.
- Novice Range: PCA – 0.001 to 0.019
- Special Range: PCA – 0.02 to 0.049
- Low Range: PCA – 0.05 to 0.079
- Mid Range: PCA – 0.08 to 0.149
- High Range: PCA – 0.150 and above
It is also important to be aware that in NSW, there is a legal limit of 0.05 PCA for fully licensed drivers, therefore, novice range and special range drink driving is not an offence for these individuals. Alternatively, provisional licence holders must adhere to an alcohol reading of 0, whereby any of the above offences will apply.
PENALTIES
The penalties for drink driving vary significantly, depending on numerous factors. If you are convicted of a drinking driving offence in NSW, it is almost guaranteed that you will loose your drivers licence, be required to pay a fine and will receive a criminal record. In some instances, offenders could even face terms of imprisonment, particularly if the offence has been made on multiple occasions and include high readings or a serious collision.
First and foremost, the Court will use the alcohol reading to determine sufficient and fair punishments, relative to the drink driving offence. It is also not uncommon for the less severe penalties to be enforced if you are a first-time offender. The penalties incurred for first time drink driving, as per the PCA range are outlined below.
| PCA Level | Maximum Fine | Maximum Imprisonment | Disqualification Period | Mandatory Interlock Period |
| Novice Range | $2,200 | N/A | Automatic – 6 months Minimum – 3 months |
N/A |
| Special Range | $2,200 | N/A | Automatic– 6 months Minimum– 3 months |
N/A |
| Low Range | $2,200 | N/A | Automatic – 6 months Minimum – 3 months |
N/A |
| Mid Range | $2,200 | 9 months | 3-6 months | 12 months |
| High Range | $3,300 | 18 months | 6-9 months | 24 months |
Alternatively, if the offence has occurred a second time in a 5 year period, the penalties will be more severe. The maximum penalties incurred for second time drink driving offences, as per the PCA range are outline below:
| PCA Level | Maximum Fine | Maximum Imprisonment | Disqualification Period | Mandatory Interlock Period |
| Novice Range | $3,300 | N/A | 1-3 months | 12 months |
| Special Range | $3,300 | N/A | 1-3 months | 12 months |
| Low Range | $3,300 | N/A | 1-3 months | 12 months |
| Mid Range | $3,300 | 12 months | 6-9 months | 2 years |
| High Range | $5,500 | 2 years | 9-12 months | 4 years |
WHAT ARE AGGRAVATING FACTORS FOR A DRINK DRIVING OFFENCE?
It is also important to be aware that a guideline judgement is in place for driving High Range PCA which determine how drinking driving offences should be sentenced. The factors that apply to drink driving offences include:
- The degree of intoxication (the higher the reading the more serious the offending)
- Erratic or reckless driving
- Length of journey
- Number of passengers who were at risk
- Method of detection by police
- Whether there was a collision
HOW DO I GET THE BEST RESULT FOR MY DRINK DRIVING OFFENCE?
In order to ensure you must demonstrate your remorse and contrition, complete rehabilitation programs and ensure you comply with any further court orders. The court will take into account many factors including:
- Your age
- Character
- Criminal record
- Health and mental condition
- Trivial nature of the drink driving offence
- Any extenuating circumstance
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WHICH COURT WILL MY DRINK DRIVING OFFENCE BE HEARD AT?
Drink driving offences are finalised in the local court. Should you plead guilty or not guilty the matter will proceed from start to finish in a Local Court in NSW.
WHAT IS A POSSIBLE DEFENCE FOR A DRINK DRIVING OFFENCE?
Defences for drink-driving offences
There are a variety of potential defence strategies to drink-driving offences. Some of the key defences are outlined below.
- Unsafe Reading
The most frequent defence to ‘drink driving’ is that a driver’s blood alcohol concentration may have been lower at the time of driving than later when analysed by police.
Studies make it clear that a person’s blood alcohol concentration rises for between 30 minutes and 1 hour after their last alcoholic drink.
This means, for example, that if someone has a few ‘quick drinks’ and gets ‘behind the wheel’ their blood alcohol concentration may be significantly lower when driving than 30 minutes or an hour later when tested on the ‘breath analysis’ machine.
Several factors can determine whether a driver’s reading when driving was likely to be lower than when tested.
These factors include:
- age, sex and weight,
- when and what food was consumed,
- number and type of alcoholic drinks,
- time of first and last drink,
- time of ‘roadside breath test’, and
- time of ‘breath analysis’.
- Depending on the particular circumstances of your case, a good lawyer may be able to obtain a ‘pharmacological report’ and use it to:
- request withdrawal of the charge;
- request reduction of the charge-type, eg from ‘high range PCA’ to ‘mid range PCA’, and/or
- to defend the charge at a hearing.
- The ‘Two-Hour’ Rule
Police are not permitted to breath test a person more than 2 hours after the person last drove. If they do so and seek to rely on the reading, the evidence may be excluded by the court.
- The ‘Home Safely’ Rule
Similarly, it is illegal for police to require a person to undergo a breath test on his or her own property. If they do so, the evidence can be excluded by the court.
CONTACT US:
Contact Criminal Lawyers Group on 0424 230 074 or via email at info@criminallawyersgroup.com.au if you have been charged with a traffic offence. Our team is committed to obtaining the best results for your case, ensuring that you receive comprehensive legal support every step of the way