As Sydney’s leading drink driving lawyers, we understand the gravity of a drunk driving charge. Yet, we firmly believe in the path to resolution and reinstating your licence. While the costs might seem insurmountable, our seasoned team of drink-driving law specialists has the skills and experience to help appeal your case effectively.
Our professional legal team aims to get you back on the road quickly and smoothly. We’re your steadfast ally in navigating the complexities of drink-driving laws, ensuring you a chance at the best possible outcome.
If you have recently been charged with drunk driving, it’s important to understand the range of possible allegations against you. Under Australian law, drunk driving is defined into six categories based on your PCA (prescribed concentration of alcohol) at the time of the incident:
The outcome of your case will depend on your blood alcohol concentration at the time of the incident. The police will conduct a breathalyser exam to gauge your blood alcohol concentration when pulled over. Lower concentrations may be let off with a simple fine. Still, higher concentrations or the inclusion of other controlled substances may permanently lose your licence.
Under NSW State law, individuals with blood alcohol concentrations below 0.05 are within the legal limit and may operate a motor vehicle. Suppose your PCA fell within the novice or special range and you were not a provisional or learner driver at the time of the incident. In that case, the prosecution has no case against you. If you have been wrongly charged, we can quickly have the allegations dismissed.
Additionally, you may have reason to dismiss the allegations if you only operated a motor vehicle while inebriated due to an emergency or under duress. These are mitigating circumstances that the court will consider when it hears your case.
Our drink driving lawyers will represent your interests and fight for your rights, no matter the situation.
If you’re charged with driving with a blood alcohol concentration in the mid to high range PCA, the court will likely find you guilty. While you can plead not guilty and present mitigating factors, admitting the offence can result in severe penalties, including a limited prison sentence or a permanent licence suspension.
Therefore, we highly recommend speaking with a legal representative before entering a guilty plea to the court. Our expert drink driving lawyers Sydney can help reduce your sentence and protect your right to operate a motor vehicle.
The penalties for drink driving vary greatly, depending on the circumstances of your case and your PCA at the time of the incident. Suppose you were charged with a low concentration. In that case, you may be immediately fined $572 and have your license suspended for 3 months. On the bright side, you will not have to appear in court to process the case.
However, if this is not your first offence, you will have to appear in court and may face:
The penalties will be far steeper if charged with a medium- or high-range PCA. For first-time medium-range offenders, you may face:
If this is not your first offence, the fines may increase to $3,300, and you could face up to 1 year in prison. First-time high-range charges carry penalties ranging from:
If you have previously been convicted of driving with a high-range PCA, you could face a $5,500 fine and a maximum prison sentence of 2 years. Seeking legal representation can help reduce these penalties, so you should contact us immediately.
We’re dedicated to fighting for your rights. Whether you are facing novice or high-range PCA charges, rest assured that you are not alone throughout this process. Our expert drink driving lawyers are well versed in the appropriate law and will represent your interests to the best of their ability.
Our experienced drink driving lawyers have the knowledge and experience to help you through this difficult time. We understand how a traffic offence conviction surrounding a serious legal matter can affect your life, which is why we will work tirelessly on your behalf.
We’re a professional law firm serving the great Sydney area. We have dedicated our careers to supporting clients and specialising in Family Law, Criminal Law, and Traffic Law. With years of combined experience, we have a proven track record of success.
If you have been charged with a drug driving, or drink driving offence, don’t hesitate to contact the experienced drink driving lawyers at James & Jaramillo. We understand the severity of these charges and will work tirelessly on your behalf to get the best possible outcome. For a free consultation, call us today.
Yes, you have the legal right to refuse a breath test. However, if you refuse, you will be arrested for Refusal to Provide Samples, at which point the police will take a blood sample.
Special-range PCA refers to a blood alcohol concentration above 0.02, which is considered the legal limit for a bus, taxi, or professional driver. Special refers to special category drivers.
PAC stands for prescribed concentration of alcohol. The reading is determined by an alcohol breathalyser. The breathalyser provides a reading of your blood alcohol content from a breath sample you provide.
Suppose you are arrested for driving as a provisional driver under the influence of alcohol. In that case, the police may confiscate your driver’s permit within 48 hours, and you will have to appear in court. The maximum and minimum penalties mirror the penalties for a low-range conviction.
Generally, emergencies are only considered a valid excuse for drink driving in the case of a medical emergency. If you can prove that someone was in immediate need of medical attention, you may have a case to dismiss your charges.