The NSW Government reports that drink driving is a factor in about one in every seven vehicle crashes in New South Wales where a person loses their life.
Despite this, the latest research from the NSW Bureau of Crime Statistics and Research details that police detected 14,000 drink drivers in the state, in the 12 months until September 2022.
This included 4,808 low-range drink driving offenders, 6,573 in the mid-range category and 2,882 in the high-range.
Alcohol impacts a person’s ability to drive, including by reducing your ability to judge your speed or distance from other vehicles and objects, slowing your reaction times, providing a false sense of confidence, and making you drowsy.
It is estimated that at a blood alcohol concentration of 0.05 the risk of a crash for the average driver is about twice more than at zero blood alcohol, at .08 it is about 7 times higher than at zero, and at .15 it is 25 times higher than at zero.
The varied types of drink driving offences and the applicable maximum penalties differ based on the relevant blood alcohol concentration (‘BAC’) of the defendant.
Blood alcohol concentration is measured on the basis of how much concentration of alcohol is present in 210 litres of breath or 100 millilitres of blood.
There are six main types of drink driving offences, which are:
The offences related to driving with the presence of prescribed concentration of alcohol in a person's breath or blood are outlined in section 110 of the Road Transport Act 2013 (NSW).
It is important to note that where a ‘second or subsequent offence’ is referred to, the prior offence must be an equivalent offence or one classified as a ‘major offence’, and have occurred within the last
5 years. Major offences include driving offences which result in the death or bodily harm of another, all drink driving offences, and driving with an illicit substance in your system, among others.
In the case of a first offence, high-range drink driving carries a maximum penalty of 18 months imprisonment and/or a $3,300 fine.
There is also a minimum interlock period of 2 years. An interlock device is installed in a vehicle and analyses a driver’s breath sample for the presence of alcohol and prevents the vehicle from being started if it detects more than a certain concentration of alcohol.
Where an interlock is imposed, the applicable license disqualification is a maximum of 9 months, which may be lowered to a minimum of 6 months, where the court sees fit.
After your disqualification is completed, the interlock must be installed prior to re-commencing driving.
If you are found exempt from the interlock program, the automatic disqualification period is 3 years, which may be lowered to a minimum of 1 year.
However, in the case of a second or subsequent offence, a maximum penalty of 2 years imprisonment and/or a $5,500 fine is applicable.
The minimum interlock period is 4 years.
Where an interlock is imposed, the applicable license disqualification is a maximum of 1 year, with may be lowered to a minimum of 9 months if the court deems this suitable.
If found exempt from obtaining an interlock, the automatic disqualification period is 5 years, with can be lowered to 2 years.
In the case of a first offence, mid-range drink driving carries a maximum penalty of 9-months imprisonment and/or a $2,200 fine.
The applicable interlock period is 1 year. Where an interlock is imposed, the maximum license disqualification is 6 months, which may be lowered to a minimum of 3 months.
Where you are deemed exempt from an interlock, the license disqualification which is automatically applicable is 1 year, which may be lowered to a minimum of 6 months.
For a second or subsequent offence, the maximum penalty increases to 12 months imprisonment and/or a $3,300 fine.
The applicable interlock period is 2 years. Where this is ordered, the maximum license disqualification is 9 months, which can be lowered to a minimum of 6 months.
Where a defendant is exempt, the disqualification period automatically applicable is 3 years, or a minimum of 1 year.
In the case of a first offence, police officers are able to issue a penalty infringement notice (on-the- spot fine) of $603 for low, novice or special-range drink driving, instead of charging you.
Payment of this fine will not result in a criminal record, but it will trigger a 3-month license suspension.
You are able to ‘court elect’ this fine, however, it comes at risk of harsher penalties and a criminal conviction. Where a first offence is heard at court, the applicable maximum penalty is a fine of $2,200.
An automatic license disqualification of 6 months is applicable, which may be lowered to 3 months, if the court deems that this is suitable.
The interlock program is not applicable ‘first offences’ of low, novice or special-range drink driving.
For a second of subsequent offence, an interlock period of 1 year is applicable. The maximum license disqualification is 3 months, which can be lowered to 1 month.
However, where a defendant is exempt from the interlock, the disqualification period automatically applicable is 12 months, which can be lowered to a minimum of 6 months.
The offence of driving under the influence (‘DUI’) does not require a specific BAC reading and is instead proved through evidence that you were under the influence of alcohol whilst driving.
It is contained within section 112 of the Road Transport Act 2013 (NSW).
Due to it not being dependent on a specific reading or other tests, the prosecution will often seek to prove this via the evidence of witnesses which may include that the person was slurring, unsteady on their feet or strongly smelt like alcohol.
For a first offence, the maximum penalty is 18-months imprisonment and/or a $3,300 fine.
An interlock period of 2 years is applicable. The maximum license disqualification is 9 months which can be lowered to a minimum of 6 months.
If the defendant is exempt from an interlock, the disqualification applicable is automatically 3 years, which may be lowered to 1 year.
A second or subsequent offence carries a maximum penalty of 2 years imprisonment and/or a $5,500 fine.
An interlock period of 4 years is applicable. Where applicable, the maximum license disqualification is a maximum of 12 months, which can may be lowered to 9 months.
If exempt, an automatic disqualification period of 5 years applies, which may be lowered to a minimum of 2 years.
Check out our website for more information, including a helpful table outlining the potential time off the road for a drink driving offence.
