Drink Driving offences are found within the Road Transport Act 2013. 

Novice Drink Driving involves a level of 0.00-0.19, and Special Range is 0.02 – 0.049.

Broadly speaking, this offence generally applies to a person who is subject to a learner, P1 Provisional or P2 provisional licence. This is because the reading falls below 0.05, however the person is subject to a zero alcohol limit.

You will be charged with low range drink driving if the blood alcohol concentration (BAC) is between 0.05 – 0.079.

For this offence, the police can use their discretion to give you an infringement/fine instead. If an on the spot infringement is given by police, you have two choices:

1. Pay the infringement – in which case you will receive a Notice of Suspension from Transport NSW that suspends your licence for 3 months under section 59 Road Transport Act 2013. You will be suspended by the police until this is paid. You have the option to take the matter to court appealing the suspension imposed by Transport NSW.

2. Do not pay the infringement and elect to take to court – you will then plead guilty or not guilty. If you plead guilty, the aim is to try and seek leniency from the court to not impose a disqualification period

It is important to note that by taking a matter to court, you therefore risk a criminal record and an increase in the fine.

Where your blood alcohol concentration level falls between 0.08 – 0.149, you will be charged with mid range drink driving.

There is no option for an infringement with this reading. The police will serve you with a court attendance notice to attend court.

The level for High Range Drink Driving is 0.150 and onwards. There are no options for an infringment with this reading.

On 8 September 2004, the NSW Court of Criminal Appeal delivered a guideline judgment relating to the offence of High Range PCA.

The guideline judgment outlines that a section 10 (no conviction) will rarely be appropriate in the case of High Range PCA.

The case outlines that a person’s moral culpability is increased by the following factors:

1. A collision between the vehicle and another object;

2. The degree of intoxication;

3. Erratic or aggressive driving;

4. The length of the journey at which others were exposed to risk;

5. Competitive driving or showing off;

6. The number of persons put at risk.

Where any of the above aggravating factors are present, the penalty will increase in seriousness.

This is the most serious of the drink driving offences, and almost always results in a criminal conviction and a disqualification. If charged with this offence, it is important to speak to a criminal lawyer for advice and guidance on how best to prepare for court.

Defences

1. You were not driving or trying to;

2. The alcohol reading is incorrect;

3. Honest and reasonable mistake of fact – that you were unaware that the alcohol was in your system (ie you were spiked).

This offence is dealt with in the Local Court.

‍Traffic Offenders Program

‍It is very important to participate in a Traffic Offenders Program to increase your chances at receiving the best possible outcome.

Speak to our legal team for recommendations of approved courses to complete prior to your court date.

‍25% Utilitarian Discount

If you plead guilty at an early opportunity, you will receive a mandatory 25% discount on sentence