Drink driving is a very serious offence in New South Wales.The court do not show leniency to this type of offence even if it Is your first time in court.

On the 20^th of May 2019, new laws were introduced that imposed more stringent and harsh penalties on drink drivers.

Interlock programsare often imposed for drink driving offences.An interlock is a breath testing device that records the amount of alcohol in your blood. If any amount of alcohol is detected, the device will not allow the car to start and you will not be able to drive. This program is costly and prolongs over a minimum period of 12 months.

What is the legal Blood Alcohol Concentration (BAC) level?

Different limits are applicable according to which licence category you fall under.

Zero BAC level

You BAC level must be zero if you are a:

• learner,
• Provisional 1
• Provisional 2

The penalties for novice, low and special range drivers are the same in nature.

BAC level under 0.02- Special Range Drivers

Your BAC level must be under 0.02 if you fall within the Special Range. Special range drivers hold a specific category licence. Special Range drivers are:

• A driver of a vehicle greater than 13.9 Tonnes
• Driver of vehicle carrying dangerous goods
• A Bus, Taxi, Uber driver.

The penalties for novice, low and special range drivers are the same in nature.

BAC level under 0.05

If you do not fall within the categories mentioned above, you are permitted to driver with a BAC level that is under 0.05. This is the legal limit in NSW.

Low range drink driving

Low range falls between 0.05 and 0.079.

The police can use their discretion and may issue you with an infringement or a court attendance notice.

Infringement notice

If this is your first offence within 5 years, police have the power to:

• Issue you a fine of $561
• Take your licence and suspend you from driving for 3 months. If they do not give you a suspension on the spot, you will receive a letter from the RMS.
• No criminal convictions will appear on your record.

Court attendance- 1^stOffence

If you are caught driving with a BAC level that falls within 0.05 and 0.079, you will:

1. Face an automaticdisqualification for 6 months. This can be brought down to a disqualification of 3 months.
2. It is likely that you may get a criminal conviction.
3. The court may impose a fine of up to $2,200.00

Court attendance- 2^ndOffence

If you are found to be drinking driving twice within 5 years, you may be subject to:

1. The court may impose a fine of up to $3,300.00
2. An automatic disqualification of 12 months that can be reduced to 6 months.
3. You may also be subject to an interlock order. If an interlock order has been imposed, your disqualification will be reduced to 3 months.

Mid-range drink driving

Mid-range drink driving falls between 0.08 and 0.149. no infringement notice will be provided for Mid-range driving, only a court attendance notice can be issued by police.

1^st Offence

If you are caught driving with a BAC level between 0.08 and 0.149, you may be subject to:

1. Maximum court imposed fine of $2,200
2. An automatic licence disqualification of 12 months. This can be brought down to 6 months.
3. Mid-range drink drivers may also face an imprisonment period of 9 months.
4. Mid-range drink drivers will have to participate in an interlock program. However, If the court exempts you from completing the interlock program, your licence will be disqualified for 12 months.

2^nd Offence

If you are found to be drinking driving twice within 5 years, you may be subject to:

1. A maximum court imposed fine of $3,300.00
2. Mid-range drink drivers may also face an imprisonment period of 12 months
3. Mid-range drink drivers will have to participate in an interlock program for 2 years. However, If the court exempts you from completing the interlock program, your licence will be disqualified for 3 years. This may be brought down to 12 months.

High-range drink driving

The BAC level for High range drink drivers is above 0.150. If you are convicted, serious and strict penalties will be imposed as well as a criminal conviction.

1^st Offence

1. The court may impose a fine of up to $3,300.00
2. An automatic disqualification of 9 months prior to an interlock order.
3. High-range drink drivers may also face an Imprisonment period of 18 months
4. You may also be subject to an interlock order for 6 months. If there is no interlock order, the court may impose licence disqualification of 3 years. This can be brought down to 12 months.

2^nd Offence

1. The court may impose a fine of up to $5,500.00
2. An automatic disqualification of 12 months prior to an interlock order.
3. High-range drink drivers may also face an Imprisonment period of 2 years.
4. You may also be subject to an interlock order for 9 months. If there is no interlock order, the court may impose licence disqualification of 5 years. This can be brought down to 2 years.

At Pannu lawyers, we recognise the significance of keeping your driving licence and liberty, contact us now to speak to one of our criminal lawyers on (02) 9920 1787 to see how we can help you defend your case.

PannuLawyers are conveniently located in Blacktown and extensively practice Family Law, Criminal Law, Commercial Law and Conveyancing.