Drink Driving NSW

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Being charged with a drink driving offence can be very stressful, particularly if you rely heavily on your ability to drive and face a loss of licence.

King & York Lawyers have a highly experienced team of Drink Driving Lawyers in Sydney who will fight for the best possible outcome.

Our drink driving lawyers can provide advice on whether you may be able to avoid a conviction and be granted leniency, whether your blood alcohol reading can be challenged, and otherwise help you prepare for your court date in order to get the best possible outcome in your circumstances

In NSW law, drink driving penalties are enforced as per the below categorisation.

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

What Penalties apply?

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.

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 LevelMaximum FineMaximum ImprisonmentDisqualification PeriodMandatory Interlock Period
Novice Range$2,200N/AAutomatic – 6 months Minimum – 3 monthsN/A
Special Range$2,200N/AAutomatic – 6 months Minimum – 3 monthsN/A
Low Range$2,200N/AAutomatic – 6 months Minimum – 3 monthsN/A
Mid Range$2,2009 months3-6 months12 months
High Range$3,30018 months9-12 months24 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 LevelMaximum FineMaximum ImprisonmentDisqualification PeriodMandatory Interlock Period
Novice Range$3,300N/A1-3 months12 months
Special Range$3,300N/A1-3 months12 months
Low Range$3,300N/A1-3 months12 months
Mid Range$3,30012 months6-9 months2 years
High Range$3,3002 years9-12 months4 years

It is also important to be aware that mid range and high range drink driving will incur a mandatory interlock licence order. The Court may also enforce offender to attend a Traffic Offenders Intervention Program, in which our drink driving lawyers are heavily involved in. 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:

If these factors are determined to be serious in nature, the Court may be more inclined to impose serious penalties that are relevant to the particular drink driving offence.
Despite the vast range of penalties that may be enforced, our experienced drink driving lawyers can potentially persuade the Court to not record a conviction for your drink driving charge. If we are successful, your matter will be dealt with the by the means of a section 10 dismissal, in which you have been found guilty, although the Court will not impose any penalties or record a conviction. Ultimately, this means that you will not be penalised and your licence will not be disqualified.

When considering a section 10, the Court will consider:

If it is determined that a section 10 is not sufficient punishment pertinent to your specific offence, our drink driving solicitors can still help reduce the severity of your penalties.

Our drink driving lawyers can help to:

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