Drink Driving is a serious offence that carries significant legal implications. If convicted of a drink driving offence, you may face severe penalties ranging from fines to terms of imprisonment.
At James & Jaramillo, we are experts in the field of criminal law. So we’ve summarised drink driving penalties NSW for your convenience.
If you have been charged with any of the below offences, please do not hesitate to organise a free consultation with us – (02) 8005 3075
Drink Driving Penalties in NSW
It is important to note that penalties for drink driving NSW have been strengthened under the Road Safety Plan. Whether or not you have been charged with drunk driving, we urge you to keep yourself apprised of the current penalties for drink driving NSW.
Call our criminal lawyers at James & Jaramillo today. Our lawyers are experienced in disputing drink driving penalties NSW.
Types of Drink Driving Penalties NSW
Drink driving penalties NSW are governed by the Road Transport Act 2013. Per the Road Transport Act 2013, drink driving penalties are categorised into five levels of drinking. These levels of drinking are as follows:
- Novice Range – a blood alcohol concentration of 0.00 to 0.019 for a Learner, P1 or P2 driver
- Special Range – a blood alcohol concentration of 0.02 to 0.049 for a Learner
- Low Range – a blood alcohol concentration of 0.05 to 0.079
- Mid Range – a blood alcohol concentration of 0.08 to 0.149
- High Range – a blood alcohol concentration of 0.15 or higher
It is important to note that a specific maximum penalty and duration of licence suspension accompany each category. Further, penalties for drink driving NSW may become more severe in the event of a refused breath analysis, driving under the influence of alcohol or drugs, driving with a drug still present in one’s system, or for a repeated drink driving offence.
If your blood alcohol level exceeds the legal limit during the breath analysis, you may face significant drink driving penalties.
Don’t wait – call our team of experienced criminal lawyers at James & Jaramillo today – (02) 8005 3075
Types of Penalties for Drink Driving NSW
Drink driving penalties NSW are contingent on the accused’s level of drinking at the time of breath analysis.
However, it is essential to note that regardless of the severity of a drunk driving charge, the courts may dismiss the charges entirely and decline to impose a penalty. This will result in no criminal conviction, disqualification, or fine.
Low, Novice, or Special Range PCA Drink Driving
As of May 2019, low-range drink driving offences will result in the suspension of the driver’s licence for three months and a requirement to pay a hefty fine.
The following drink driving penalties NSW may accompany your conviction of a low, novice, or special range drink driving offence:
- A penalty notice fine of $603
- A Maximum court-imposed fine of $2200 for a first office and $3300 for a subsequent offence
- A minimum disqualification of 3 months for a first offence and six months for a subsequent offence
- An automatic disqualification of 6 months for a first offence and 12 months for a subsequent offence
- An alcohol interlock device order for a repeat drink driving offence
Mid-Range Drink Driving PCA
According to the Road Safety Plan 2021, all drivers convicted of a mid-range drunk driving offence will be subject to an interlock program (24 months), requiring drivers to undergo a breath test every time they drive their vehicle.
Mid-range drink driving NSW penalties include the following:
- A court-imposed fine of $2200 for a first office and $3300 for a subsequent offence
- A maximum prison term of 9 months for first offenders and 12 months for subsequent offenders, $2200 for a first office and $3300 for a subsequent offence
- A maximum licence disqualification of 6 months for first-time offenders and 12 months for subsequent offenders $2200 for a first office and $3300 for a subsequent offence
- An automatic period of disqualification of 12 months for first-time offenders and three years for subsequent offenders
- Immediate licence suspension
High-Range Drink Driving PCA
High-range penalties for drink driving NSW include the following:
- A maximum court-imposed fine of $3300 for first-time offenders and $5500 for subsequent offenders
- A maximum prison term of 18 months for first-time offenders and two years for subsequent offenders
- Minimum disqualification of 12 months for first-time offenders, two years for subsequent offenders, and no maximum disqualification duration.
- Automatic disqualification of 3 years for first-time offenders and five years for subsequent offenders
- Immediate licence suspension
- An alcohol interlock order
{See our blog that explores ‘What Is High-Range Drink Driving? – Penalties & Defences In Australia)
Defences Available
If you are facing a drunk driving penalty in New South Wales, several defences may be available.
Unsafe Reading
Unsafe reading is the defence that the driver’s blood alcohol level was lower at the time of driving than at the time of breath analysis. This defence is supported by scientific studies indicating that blood alcohol levels rise 30 minutes to an hour after a person consumes alcohol.
The Two-Hour Rule
If a police officer has breath analysed you more than 2 hours after driving, you may be able to have the evidence excluded under the defence of the Two Hour Rule.
Honest and Reasonable Mistake
If you honestly and reasonably believed that you were under the legal alcohol limit while driving, the defence of ‘Honest and Reasonable mistake’ may be available to you.
What to Do if Charged
If you have been charged with the offence of drunk driving, it is crucial to obtain legal advice immediately. Do not speak to legal authorities without consulting an experienced criminal lawyer.
Call Our Experienced Criminal Lawyers Today
Our team at James & Jaramillo is experienced in defending drink driving & drug driving offences in NSW. We can assure you that we will handle your case with care. Call us now.
Does Drink Driving Leave a Criminal Record?
Drink driving is a severe criminal offence. Therefore, the crime will be disclosed on the driver’s criminal record if convicted. However, in most circumstances, the driver’s criminal record will be cleared of the offence after 10 “crime-free” years have lapsed.
How Much Can You Drink While Driving?
In NSW, if you have an unrestricted or full licence, you can drive with a blood concentration level of 0.05g. However, if you have a Learner, Provisional, or Interlock driving licence, you cannot drive with a blood alcohol concentration of more than 0.02g.
Parting Thoughts – If You Have Been Charged, Call Us!
If you are convicted of a drunk driving offence, you may face significant and life-changing penalties for drink driving NSW. At James & Jaramillo, our drug driving lawyers are committed to providing you with the best criminal, family law, & traffic law services in NSW.
Call JJ Lawyers for Your Drink Driving Penalties NSW
Don’t allow yourself to be subjected to drink driving penalties NSW. Contact our team of drink driving lawyers at James & Jaramillo as soon as possible.
For more insightful articles, blogs & news, see our dedicated blog, where you can read through many related breakdowns such as ‘What Is The Blood Alcohol Limit In NSW, Australia‘, ‘Does Drink Driving Give You A Criminal Record‘ & More!
