ETB Legal Discusses Drink Driving Offences and Penalties

What to do if you are pleading guilty to a drink driving charge in New South Wales and the associated penalties.
ETB LEGAL

In New South Wales, there are different blood alcohol concentration limits that apply at different times. These limits are mainly associated with the different licence categories assigned to licence holders. This article will discuss what to do if you are pleading guilty to a drink driving charge and the associated penalties in respect of the new law enacted in October 2017. It is important to note that a drink driving charge can include one of the following:

  • A prescribed concentration of alcohol (PCA) offence
  • A driving under the influence (DUI) offence
  • Refusing or failing to give a breath analysis or blood sample
  • Dangerous driving involving alcohol

There is a limit to the amount of alcohol that must be present in a driver's blood at the time of driving. These limits include the following:

The law is complicated and this table may not cover your situation. You should get legal advice about your own case, especially if this is not your first offence.

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1. The 0.00 limit applies to:

  • All learner drivers
  • All provisional 1 drivers
  • All provisional 2 driving

2.The 0.02 limit applies to:

  • Drivers of vehicles of gross vehicle mass that is greater than 13.9 tons
  • Drivers of vehicles carrying dangerous goods
  • Drivers of public vehicles such as taxi and bus drivers

3. The 0.05 limit applies to:

  • All other licences not subject to a 0.00 or 0.02 limit

When individuals drink and drive, it increases the risk of having an accident. It must be noted that "drink driving is a factor in about 18 percent of all fatal car accidents across NSW".

In NSW there are four categories of prescribed concentration of alcohol (PCA) offences. These are:

  1. Special range PCA, which applies to special category drivers with a blood alcohol concentration of between 0.02 and 0.049g/mL
  2. Low range PCA which applies to drivers with a blood alcohol concentration of between 0.05 and 0.079 g/ml
  3. Mid-range PCA which applies to drivers with a blood alcohol concentration of between 0.08 and 0.149 g/mL
  4. High range PCA which applies to drivers with a blood alcohol concentration of over 0.15 g/mL

It must be noted that the limit that is applicable to an individual is dependent upon the classification of an individual's licence and the type of vehicle that is being driven at the time.

When an individual is convicted of drink driving the likely outcome is that he or she will lose their licence for some time. It must be noted that the higher the blood alcohol reading, the longer the loss of one's licence. Other penalties include fines and mandatory alcohol interlock orders may also be imposed. The penalty that an individual can get if they are charged with drink driving includes the ones set out below:

First offence within 5 years
Offence Max. fine Max. gaol (months) Min. disq. (months) Max. disq. (months) Interlock period †
(months)

Novice range PCA

$1,100

N/A

3 6

N/A

Special range PCA

$1,100

N/A

3 6

N/A

Low range PCA

$1,100

N/A

3 6

N/A

Mid range PCA

$2,200

9 6 12

N/A

High range PCA*

$3,300

18 6 9 24
Second alcohol-related major offence within 5 years #
Offence Max. fine Max. gaol (months) Min. disq. (months) Max. disq. (months) Interlock period †
(months)

Novice range PCA

$2,200

N/A 1 3 12

Special range PCA

$2,200

N/A 1 3 12

Low range PCA

$2,200

N/A 1 3 12
Mid range PCA

$3,300

12 6 9 24

High range PCA*

$5,500

24 9 12 48

An article provided by the Legal Aid NSW stated that "The law is complicated and this table may not cover your situation. You should get legal advice about your own case, especially if this is not your first offence." It is of the utmost importance that if you have been charged with drink driving or speeding offences in NSW you should obtain immediate legal advice from an experienced drink driving lawyer. Sydney drink and driving lawyers [http://www.etblegal.com.au/drink-driving-lawyers-sydney] can advise you on the strategies that will improve your chances of receiving a beneficial outcome.

About the company:

ETB Legal is a law firm that specialises in drink driving matters including mid-range drink driving in NSW. Contact ETB Legal for advice in respect of your first or subsequent offence.

Source: http://www.etblegal.com.au/

About ETB Legal

ETB Legal is a law firm of renowned professionals of Criminal Lawyers in Sydney.

ETB Legal
L21, 133 Castlereagh Street
Sydney , NSW
2000

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