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Drink Driving Charges in New South Wales (NSW)

In NSW, police have the powers to stop drivers at random to test for alcohol consumption. If you are asked by police to undertake a breath test and subsequently obtain a reading that is higher that your allowed Prescribed Concentration of Alcohol (PCA) limit, you are likely to be arrested and charged with one of the following:

Low Range PCA:   0.05 - 0.08
Mid Range PCA:    0.08 - 0.15
High Range PCA:   0.15 or higher
Novice Range PCA:   0.00 - 0.02
Special Range PCA:   0.02 - 0.05
Refuse Breath Analysis

Possible Defences to a Drink Driving Charge


There are several ways that you may have a drink driving charge dismissed against you or possibly reduce the charge, eg. a High Range PCA to a Mid Range or having a Mid Range PCA reduced to a Low Range:

  1. You were not driving a motor vehicle.
  2. The breath analysis back at the Police Station took place outside of 2 hours from the time you were driving.
  3. A breath test was taken at your home.
We frequently also arrange for our clients to obtain a pharmacology report from a Professor. It is possible that the Police PCA reading is incorrect and in having "borderline' readings reduced to a lesser offence, these reports can assist you. A Professor will take into consideration a number of factors before concluding what they believe your actual PCA reading would have been. A court can accept such evidence. Factors considered by the pharmacologist Professor which can affect your PCA reading are:
  1. Your height and weight.
  2. Your gender.
  3. Your age.
  4. Your body build.
  5. Your food intake on the day in question.
  6. Your alcohol intake on the day in question.
  7. If you were taking any prescribed or over the counter medication.

PENALTIES

 
Special Range PCA & Low Range PCA (First Offence):
  • $1,100 monetary penalty;
  • Automatic 6 month disqualification, minimum 3 month.
Special Range PCA & Low Range PCA (Second or Subsequent Offence)
  • $2,200 monetary penalty;
  • Automatic 12 months minimum 6 months.
Middle Range PCA (First Offence)
  • $2,200.00 / 9 months imprisonment;
  • Automatic 12 months, minimum 6 months.
Middle Range PCA (Second or Subsequent Offence):
  • $3,300.00 / 12 months imprisonment;
  • Automatic 3 years, minimum 12 months.
High Range PCA (First Offence):
  • $3,300.00 18 months imprisonment;
  • Automatic 3 years, minimum 12 months
High Range PCA (Second or Subsequent Offence)
  • $5,500.00 / 2 years imprisonment;
  • Automatic 5 years, minimum 2 years.
The NSW Traffic Offender's Intervention  Program
 
Further assistance we provide which may in certain circumstances  mitigate the sentence imposed include booking you into the Traffic Offender's Program which teaches people about the dangers of drink driving and may in the Court's eyes lower the likelihood of reoffending.
 
Drugs & Driving

What should you do at court?

You should not drive to court in case you lose your licence. Bring your licence with you unless the police have already taken it, as the court may require you to surrender it. When you get to court, find the court officer and tell them if you are unrepresented and whether you are pleading guilty. Check the police fact sheet and certificate The police will have a fact sheet which says why you were arrested. It may also refer to what the police say you told them about the type and quantity of  drug you used. Make sure you read the fact sheet.
 
What could happen to you?
 
You will lose your licence for some time unless the court decides not to record a conviction against you ? this is set out in the table below. You may also have to pay a fine. Other penalties can also be imposed, including a gaol sentence. If you are likely to go to gaol and you satisfy the Legal Aid means test, you may be able to get legal aid. See the duty solicitor at court.
If you disagree with what the police say happened, you may tell the Magistrate when it is your turn to speak.
 
The police prosecutor should also show you a copy of your previous criminal record if you have one and a copy of your driving history. Read these documents to make sure they really are yours. The police prosecutor will hand the Magistrate a
copy of your criminal record and traffic history. You should dispute any incorrect information on your
criminal record or traffic history.

 

Driving under the Influence of Drugs (DUI)
 
First Offence: Maximum Fine $2,200 Automatic disqualification: 12mths Minimum disqualification 6 months; Maximum period of imprisonment 9 months
 
2nd Offence: Maximum fine $3,300 Automatic disqualification 3 yrs; Minimum disqualification12 months

Presence of drugs in oral fluid
 
First Offence: Maximum Fine $1,100 Automatic disqualification 6 months; Minimum disqualification 3 mths 
 
2nd Offence :Maximum Fine $2,200; Automatic disqualification  12 months; Minimum disqualification 6 months; maximum period of imprisonment12 mths


 
Refuse to provide oral fluid sample
 
First Offence: Maximum Fine  $3,300; Automatic disqualification 3 yrs; Minimum disqualification 6 mths
 
 
2nd Offence: Maximum fine  $5,500 5 yrs 12 mths 18 mths

Wilfully alter drug in oral fluid




  
First Offence: Maximum Fine  $3,300 3 yrs; Minimum disqualification6 months 
 
2nd Offence:Maximum Fine  $5,500 5 yrs; Minimum disqualification 12 months

Refuse to provide urine sample or blood sample  or wilfully alter amount of drug after fatal motor vehicle collision
 
First Offence: Maximum Fine$3,300 Automatic disqualification 3 yrs; Minimum disqualification 6 months;  Maximum period of imprisonment 18 mths
 
2nd Offence: Maximum fine $5,500 Automatic disqualification 5 yrs;  Minimum disqualification 12 months; Maximum period of imprisonment 2 yrs

Hinder doctor or registered nurse in taking prescribed sample of blood or urine
of any other person
 
First Offence: Maximum Fine  $2,200 
 
2nd Offence: Maximum Fine  $2,200 

Refuse to provide blood or urine sample or wilfully alter amount of drug following sobriety test
 
First Offence:  Maximum Fine  $3,300 Automatic disqualification 3 yrs; Minimum disqualification6 months;  Maximum period of imprisonment 18 mths
 
2nd Offence:Maximum Fine  $5,500 Automatic disqualification 5yrs; Minimum disqualification; 12 months; Maximum period of imprisonment 2 yrs

 
If this is the first time you have been charged with DUI Drug offence, it is unlikely you will get a gaol sentence. However, if: a) it is a DUI Drug offence under s 12 Road Transport (Safety and Traffic Management) Act 1999 (NSW), that is using or attempting to use a motor vehicle while under the influence of a drug and if it involves aggravating features such as an accident and/
or dangerous driving, a gaol penalty is more likely and you may therefore be eligible for legal aid; or b) you have previously been charged with a drink driving offence or DUI Drug offence, you face the risk of a gaol penalty and may be eligible for legal aid. In these situations, you should apply for legal aid before your first court appearance or visit a Legal Aid NSW office. Speak to the duty solicitor at court.
 
How should you prepare for court?
 
Get references and prepare a letter to the Magistrate or written notes of what you will say. It may be helpful to get written references from people who can talk about your good character. These references should be addressed to the Magistrate and refer to the current charges. Ask for the Legal Aid information card about Character References. The court will consider a number of factors in deciding the appropriate penalty and disqualification. These include:

? Whether you believed you were under the influence of a drug when you drove;
? Any particular reason as to why you chose to drive;
? Whether you were detected by being stopped by Police for another reason or Random Drug Test or as a result of erratic or dangerous driving;
? The length of the journey/intended journey;
? The number of people put at risk by the driving (passengers, members of the public etc)
? Any collision that occurred;
? Any significant effect that licence disqualification may have on you, your employment or other people who rely on you (children, sick relative, etc);
? The absence of viable alternative transport;
? How long you have held a licence and what your overall traffic record is like;
? Whether you are a regular drug user and hence whether some kind of treatment or counselling is appropriate
? The risk of you re-offending Either prepare a short letter in your own words to give to the Magistrate, or prepare written notes.Include any explanation that relates to the factors set out above. In particular, address:
? Any special reason why you were driving;
? Some explanation as to why you were driving with drugs in your system
? An explanation of your understanding of the risks of driving after consuming drugs, and if you can, an assurance that this behaviour will not be repeated
? Any particular need you have for a licence eg. In your work or for personal reasons;
? If you need a driver?s licence for work make sure you have a letter from your employer to say what will happen to your job if you are disqualified from driving for a long time;
? If you have other reasons for needing a driver?s licence (eg. A disabled child, health problems) make sure you have evidence (ie.  Doctor?s certificate or report) to support this;
? What your weekly income is and expenses you have to pay (which can assist the court in calculating any fine to be imposed).
 
 it is important to be legally represented if charged with one or more of the above-mentioned offences in order to obtain the best possible outcome for you in the circumstances of your case taking into consideration the objective and subjective circumstances of your case. At SCFL we have the knowledge, skill and experience to achieve this for you.