Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
A drink driving offence in NSW can carry substantial penalties, including loss of licence. If you’re faced with a drink driving charge, it’s important you speak to one of our specialist lawyers. The team at Morrisons can advise you on your rights and guide you through the legal process.
Drink driving in New South Wales is considered a serious offence. Convictions for drink driving can remain on your record for up to 10 years.
If a conviction is recorded for a drink driving offence, the court will disqualify you from driving for a period of time. Many different sentences can be imposed for drink driving – such as no conviction, a good behaviour bond and even imprisonment.
There are six categories for drink-driving charges. The category you are charged with will depend on your Blood Alcohol Concentration (BAC) reading:
| High-range drink driving | BAC reading of 0.150 or more. |
| Mid-range drink driving | BAC reading between 0.08 and 0.149. |
| Low-range drink driving | BAC reading of between 0.05 and 0.079. |
| Special-range drink driving | BAC reading of between 0.02 and 0.049. |
| Novice-range drink driving | BAC reading of anything over 0 and 0.019. |
| Driving under the influence (DUI) | Does not require a specific BAC reading. This offence is committed if there is evidence you were under the influence of drugs or alcohol while driving, or attempting to drive. |
For unrestricted licence holders, driving is not permitted with a BAC of 0.05 or higher.
Provisional, learner and interlock licence holders must not drive with any alcohol in their system.
The penalties for drink driving in NSW includes licence disqualifications, convictions, fines, good behaviour bonds and even imprisonment.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
The penalties for drink driving offences in NSW vary depending on the severity of the charge. Key factors include your BAC level, whether it’s a first offence or your second within a 5 year period and if the offence resulted in any injury or damage. These factors play a role in determining the penalty imposed by the Court.
| Range | Maximum penalty (1st offence) | Disqualification | Disqualification with interlock device (if applicable) | |||||
| Automatic | Minimum at Court’s discretion | Automatic | Minimum | Interlock minimum | ||||
| Novice | $2,200 | 6 months | 3 months | N/A | N/A | N/A | ||
| Special | $2,200 | 6 months | 3 months | N/A | N/A | N/A | ||
| Low | $2,200 | 6 months | 3 months | N/A | N/A | N/A | ||
| Mid | $2,200 + 9 months imprisonment | 12 months | 6 months | 6 months | 3 months | 12 months | ||
| High | $3,300 + 18 months imprisonment | 3 years | 12 months | 9 months | 6 months | 24 months | ||
| DUI (alcohol) | $3,300 + 18 months imprisonment | 3 years | 12 months | 9 months | 6 months | 24 months | ||
If you’ve been charged with drink driving, it’s crucial to act quickly and seek legal advice. A lawyer can help you identify the factors and evidence to support you in your case. Additionally, you should seek guidance if you think there are circumstances in your case to justify a non-conviction, or an exemption from the interlock licence which applies to certain offences.
For first-time low-range, novice, or special-range offences, you might face an on-the-spot fine and licence suspension without going to court. However, you can choose to contest the charge by electing to go to Court, or appealing the suspension period. For second or subsequent offences, as well as mid-range, high-range, DUI, or combined offences, a court appearance is mandatory.
Regardless of the charge, a drink driving lawyer can guide you through the legal process and help you navigate the complexities of drink driving laws.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
The team at Morrisons is here to help you with your drinking driving charge and provide invaluable assistance. We will:
At Morrisons, we understand that a drink driving charge can severely affect your livelihood, work and personal relationships. While the penalties for a drink driving offence can be daunting, our lawyers will explore all available options to achieve the best possible outcome for your case.
Contact us today for a free initial consultation to discuss your situation.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
For a BAC below 0.05, this typically means limiting consumption to no more than one standard drink per hour.
One standard drink per hour will raise your BAC by approximately 0.01 – .0.3g%. However, your BAC is also influenced by:
With all this mind, the best option is – if you are going to drink – don’t drive. No one can tell you exactly how many standard drinks you can have and then drive.
Your BAC starts to rise as soon as you begin drinking and can continue to increase for up to two hours after you stop. Because it’s impossible to accurately calculate your BAC and remain under the legal driving limit of 0.05, we advise avoiding driving after any amount of alcohol consumption.
An interlock licence entitles a person to drive but only with an interlock device installed in their vehicle. This is an electronic breath testing device which links to the ignition system.
Before driving, the driver will have to complete a breath test on the interlock. If the interlock device detects alcohol, then the vehicle will not start. Random breath tests must also be passed during certain trips. The interlock device has a camera which takes a photo of the driver when they are providing the breath sample, to ensure another person is not completing the breath test.
When the Court is determining what sentence to impose, they will consider a number of factors including:
The most common penalty for drink driving in New South Wales is typically a fine combined with license disqualification. However, the exact punishment may vary based on your Blood Alcohol Concentration (BAC) and whether it’s a first or repeat offence.
In New South Wales, the shortest mandatory disqualification period for a first-time, low-range drink driving offence (Blood Alcohol Concentration of 0.05 to below 0.08) can be as little as three months. But, because penalties can vary based on individual cases, it’s always wise to seek legal advice or check the latest legislation for accurate guidance.