Drink Driving
Have you found yourself being charged with drink driving? Unfortunately, drink driving offences can affect anyone. Our firm has acted for a number of different individuals from numerous backgrounds. In some circumstances, getting legal advice early on in your case can increase the chances of obtaining a non-conviction and limit the time off the road.
What is Prescribed Concentration of Alcohol (‘PCA’)?
In NSW, it is a serious criminal offence to drive a motor vehicle when there is a prescribed concentration of alcohol in your blood. A conviction would not only mean a criminal record, but also substantial time off the road.
Different Drink Driving Charges
The amount of alcohol consumed generally means a more serious drink driving charge. The seriousness of your offence is best explained by the below ranges of PCA:
- Novice Range (Zero alcohol reading 0.01-0.019);
- Special Range (over 0.02);
- Low Range PCA (0.05 – 0.079 reading);
- Mid-Range PCA (0.08 – 0.149 reading); and
- High Range PCA (0.150 and above)
What are the maximum penalties for this offence?
Penalties for drink driving in NSW are diverse and influenced by several factors. A conviction almost invariably results in the loss of your driver’s license, imposition of fines, and acquiring a criminal record. For repeat offenders, especially those with multiple offenses, imprisonment terms could be a reality.
The maximum penalties for drink driving depend on the range of PCA:
Maximum Penalties for a First Offence
- Novice Range:
- Fine of $2,200.00
- Special Range:
- Fine of $2,200.00
- Low Range PCA:
- Fine of $2,200.00
- Mid-Range PCA:
- Fine of $2,200.00 and/or
- 9 months imprisonment
- High Range PCA:
- Fine of $2,200.00 and/or
- 18 months imprisonment
Maximum Penalties for a First Offence for a Second or Subsequent Offence
If you have been convicted of a “major offence” a second or subsequent time within the previous 5 years, the maximum penalties for PCA increase:
- Novice Range:
- Fine of $3,300.00
- Special Range:
- Fine of $3,300.00
- Low Range PCA:
- Fine of $3,300.00
- Mid-Range PCA:
- Fine of $3,300.00 and/or
- 12 months imprisonment
- High Range PCA:
- Fine of $5,500.00 and/or
- 2 years imprisonment
Period of Disqualification for a First Offence
If you are convicted of a PCA offence, the loss of your licence is inevitable. The period of disqualification is determined based on the specific offence:
- Novice Range:
- Automatic Disqualification: 6 months
- Minimum Disqualification: 3 months
- Maximum Disqualification: 6 months
- Special Range:
- Automatic Disqualification: 6 months
- Minimum Disqualification: 3 months
- Maximum Disqualification: 6 months
- Low Range PCA:
- Automatic Disqualification: 6 months
- Minimum Disqualification: 3 months
- Maximum Disqualification: 6 months
- Mid-Range PCA:
- Automatic Disqualification: 12 months
- Minimum Disqualification: 6 months
- Maximum Disqualification: Unlimited
- High Range PCA:
- Automatic Disqualification: 3 years
- Minimum Disqualification: 12 months
- Maximum Disqualification: Unlimited
Period of Disqualification for a Second or Subsequent Offence
If you have been convicted of a “major offence” a second or subsequent time within the previous 5 years, the disqualification periods for PCA increase:
- Novice Range:
- Automatic Disqualification: 6 months
- Minimum Disqualification: 3 months
- Maximum Disqualification: 6 months
- Special Range:
- Automatic Disqualification: 12 months
- Minimum Disqualification: 6 months
- Maximum Disqualification: Unlimited
- Low Range PCA:
- Automatic Disqualification: 12 months
- Minimum Disqualification: 6 months
- Maximum Disqualification: Unlimited
- Mid-Range PCA:
- Automatic Disqualification: 3 years
- Minimum Disqualification: 1 year
- Maximum Disqualification: Unlimited
- High Range PCA:
- Automatic Disqualification: 5 years
- Minimum Disqualification: 2 years
- Maximum Disqualification: Unlimited
It is also important to be aware that a guideline judgement is in place for driving High Range PCA which determine how drinking driving offences should be sentenced. The factors that apply to drink driving offences include:
- The degree of intoxication
- Erratic or reckless driving
- Competitive driving
- Length of journey
- Number of passengers who were at risk
If these factors are determined to be serious in nature, the Court may be more inclined to impose serious penalties that are relevant to the particular drink driving offence.
Our seasoned drink driving lawyers have the expertise to potentially sway the Court to refrain from recording a conviction for your drink driving charge, despite the array of penalties it carries. A successful outcome could result in a section 10 dismissal, where you are deemed guilty but face no penalties or convictions. This ensures you escape penalties and retain your license. The Court evaluates various factors for a section 10, including your age, character, criminal record, health, and the trivial nature of the offence. Should a section 10 not suffice, our solicitors can still assist in mitigating penalties by reducing license suspension periods, minimizing fines, and averting imprisonment or reducing sentences for serious offences.
NSW Mandatory Alcohol Interlock Program
Upon conviction for a drink driving offence, Courts in NSW are required to impose an Alcohol Interlock Order which must be completed at the end of your disqualification period.
What are your options at Law?
- Negotiate with prosecutors to withdraw or amend the charges.
- Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
- Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
- Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.
If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.
Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.
Pleading Guilty
Opting for a guilty plea initiates the sentencing phase, but it can lead to more favorable outcomes compared to contesting the charges and being found guilty. Typically, accepting guilt reflects remorse, which the Court may consider favorably. This may result in a section 10 dismissal or a reduced penalty.
At Barsha Defence Lawyers, we prioritize open communication with our clients and provide impartial guidance on whether pleading guilty or not guilty is in your best interest. If you or someone you know faces drink driving charges, seeking an experienced criminal &traffic defence lawyer promptly is recommended.
Pleading Not Guilty
Our adept traffic offence lawyers may present the following legal defenses to challenge the accusations of involvement in a drink driving incident.
Honest and Reasonable Mistake
The Criminal Codes Act 1995 (Cth) outlines circumstances under which individuals are not held criminally responsible for certain offenses. Division 9 of the Act specifies:
Section 9.1: Mistake or Ignorance of Fact (Fault Elements Other Than Negligence).
This provision stipulates that a person may not be criminally liable for an offense with a physical element that carries a fault element other than negligence if, at the time of the act, the individual holds a mistaken belief or is ignorant of a fact, and if this belief or ignorance negates the required fault element. The tribunal of fact considers the reasonableness of the mistaken belief or ignorance. Therefore, establishing a mistaken belief surrounding the offense is crucial. An example is the inadvertent consumption of alcohol in food or everyday items, leading to a positive PCA reading. Such a situation presents a reasonable mistaken belief, potentially resulting in a not guilty verdict.
Unlawfully Obtained Evidence
According to Schedule 3 of the Road Transport Act, breath tests must be conducted within two hours of driving. If it can be demonstrated that breath tests were administered outside this timeframe, the evidence may be deemed inadmissible due to unlawful acquisition. Moreover, Police are prohibited from conducting breath tests at a defendant’s home, known as the ‘home safe rule.’ If evidence indicates that a breath test was administered at the defendant’s premises, the PCA reading from that test may be rendered inadmissible, leading to the dismissal of charges.
These legal defenses, skillfully employed by our traffic offense lawyers, aim to challenge the allegations and safeguard your legal rights. If you’re facing drink driving charges, seeking legal counsel promptly is essential.
Where Will Your Case Be Heard?
Drink driving charges are frequently heard in New South Wales (NSW), typically within the Local Court system. As such, your case will likely proceed in a Local Court setting.
Have you been charged with Drink Driving
Don’t risk losing your licence or gaining a criminal record. Our experienced criminal and traffic lawyers at Barsha Defence Lawyers are here to help. Contact us for a free consultation and start defending your rights today.