Drink driving in NSW, Australia is a serious offence that can result in disqualification, suspension, licence cancellation, fines, imprisonment, interlock or loss of demerit points.  The severe penalties are put in place to help discourage drink driving, which contributes to a considerable amount of road deaths.  The Australian law require a person holding a probationary or learner licence to have a zero Blood Alcohol Concentration while the Blood Alcohol Concentration requirement for a full licence holder is 0.05.  It is also important to note that the drink and driving law can extend to private property and thus, it is still possible to get penalised under certain circumstances for operating a vehicle at your property whilst under the influence of alcohol.

Furthermore, the drink driving law also extends to a person accompanying a learner driver.  The person accompanying the learner driver should not exceed 0.05 Blood Alcohol Concentration.   It is also important to highlight that it is an offence for a person to refuse to undertake a breathalyser test at the request of a police officer. Refusing to undertake a breathalyser test could also get you penalised.  Once you are arrested for drink and driving, the Drink Driving penalties in NSW will depend on a number of factors such as the reason for choosing to drive, the test whether random or as a result of dangerous driving, whether first or subsequent offence and other forms of transport available among other factors. Using the services of a lawyer can help ensure that you get the minimum possible penalty.

The penalties that a court can issue can be broken into three categories that include low range, mid range and high range.  Your charge will be in the low range PCA category if the blood alcohol concentration is between the ranges of 0.005 to 0.08.  Novice range Prescribed Content of Alcohol  requires  a zero BAC and Special range PCA that requires 0.02 for specialty drivers will also be charged under this category.  The Mid range PCA category is when your blood alcohol concentration is between the 0.08 and 0.15 while the high range PCA category is when your blood alcohol concentration is 0.15 and above.

The drink driving penalties in NSW for novice, special and low range for first offence within 5 years include a maximum fine of $1100, minimum disqualification of 3 months and 6 months automatic disqualification period. For the second offence within 5 years, the penalties are maximum fine of $2200, 1 month minimum disqualification, 3 months maximum disqualification and 12 months interlocking period.

For Mid range PCA first offence within 5 years, the penalties are $2200 maximum fine, 9 months maximum gaol, 6 and 12 months minimum and maximum disqualification respectfully. The penalties for a second offence include $3300 maximum fine, 12 months gaol, 6 and 9 months minimum and maximum disqualification respectfully and 2 years interlock period.

For High range PCA first offence within 5 years, the penalties are $3300 maximum fine, 18 months maximum gaol, 6 and 9 months minimum and maximum disqualification respectively and 2 years interlock period. The penalties for a second offence include $5500 maximum fine, 18 months gaol, 9 and 12 months minimum and maximum disqualification respesctively and 4 years interlock period.

To get the expert legal help you need with your drink driving situation without taking anymore risks with you future contact us now on 02 9449 1967.