Sydney Drink Driving Lawyers
Be confident with our Criminal and Traffic Drink Driving Lawyers because we:
1. Are highly experienced in getting the best possible results for clients in DUI cases. For example: Section 10 – no conviction, no disqualification;
2. Know how to plead to the courts for leniency when it comes to penalties and licence disqualifications;
3. Our lawyers appear on drink driving cases at all courts in NSW including Sydney Downing Centre, Parramatta, Penrith, Blacktown, Bankstown, Burwood, Campbelltown, Cabramatta, Liverpool and more.
If you have been charged with a DUI, contact one of our Sydney Drink Driving Lawyers now on 1800 100 529 and book your first free consultation. Our Sydney DUI Lawyers will help you get your licence back and your life back quickly.
The Legal Limit
The below are the applicable drink driving limits in NSW:
- Novice (Zero alcohol reading) – applies to all learners, Provisional 1 and Provision 2 drivers
- Special Range (over 0.02) – applies to taxi and bus drivers, vehicles carrying dangerous goods and heavy vehicles
- 0.05 applies to all other drivers
- Low Range PCA is between 0.05 – 0.079
- Mid Range PCA is between 0.08 – 0.149
- High Range PCA is between 0.15 and above
- Refuse Breath Analysis
Factors such as gender, age, body weight, size, health and liver function will affect your blood alcohol concentration (BAC). The rate which alcohol is eliminated from your body varies from person to person. Your blood alcohol concentration will rise for up to 2 hours after drinking.
The only thing that will sober you up is time. Food, coffee, sleep and physical activity do not assist in reducing you blood alcohol concentration to zero.
The Penalties that Apply to Drink Driving
The penalties that apply for drink driving offences in NSW are set out below. However, the law is complex and this table does not apply to your situation. Call us now to see a Sydney Drink Driving Lawyer and get a better understanding of your case.
First offence within 5 years |
Offence | Max. fine | Max. gaol (months) | Automatic disq. (months) | Min. disq. (months) | Min Interlock order † and Disq Period (months) |
Novice range PCA | $2,200 | N/A | 6 | 3 | N/A |
Special range PCA | $2,200 | N/A | 6 | 3 | N/A |
Low range PCA | $2,200 | N/A | 6 | 3 | N/A |
Mid range PCA | $2,200 | 9 | 12 # | 6 | 12 Disq Period: Min: 3 Max: 6 |
High range PCA* | $3,300 | 18 | 3 years # | 12 | 24 Disq Period: Min: 6 Max: 9 |
* If you refuse or fail to provide a breath test this is treated as a high range PCA, and the same penalties will apply.
†This is the minimum period the court can impose. If you choose not to do the interlock program, or don’t complete it, you can be disqualified for 5 years from the date you were convicted.
# If an interlock order is imposed a maximum, rather than ’automatic’ (default) disqualification period applies.
Second alcohol-related major offence within 5 years |
Offence | Max. fine | Max. gaol (months) | Max. disq. (months) | Min. disq. (months) | Min Interlock order † and Disq Period |
Novice range PCA | $3,300 | N/A | Unlimited | 6 | 12 Disq Period: Min: 1 Max: 3 |
Special range PCA | $3,300 | N/A | Unlimited | 6 | 12 Disq Period: Min: 1 Max: 3 |
Low range PCA | $3,300 | N/A | Unlimited | 6 | 12 Disq Period: Min: 1 Max: 3 |
Mid range PCA | $3,300 | 12 | 3 years (auto) | 12 | 24 12 Disq Period: Min: 6 Max: 9 |
High range PCA* | $5,500 | 24 | 5 years | 2 years | 48 Disq Period: Min: 9 Max: 12 |
# An offence will be a ‘second offence’ if you have been convicted for another ‘alcohol-related major offence’ in the last 5 years. For example, if you are convicted of a low range PCA offence, and then 3 years later you are convicted of a mid-range PCA offence, the penalties you could get will be for a mid-range 2nd offence in the table.
Mandatory Alcohol Interlock
An interlock is an electronic breath testing device that is connected to your vehicle which has the ability to stop it from starting if it detects alcohol.
If you are convicted of mid range, repeat or more serious drink driving offences, the court will make a mandatory interlock order on your drivers licence. For more information on the interlock program, watch the video below or click here.
If you are convicted of a Middle Range PCA offence, and it is your first offence, the court may not make an interlock order against you (this is called an interlock exemption order) if you prove that:
- the order would cause you severe hardship, and
- an interlock exemption order is more appropriate in all the circumstances.
The Facts about Drink Driving
Driving drunk is a major factor in fatal crashes in NSW and contributes to about 100 deaths each year. Most crashes occur in the driver’s local area and men account for about 87% of those crashes.
Getting Home Safely After Drinking
- Get a friend or relative to give you a lift home
- Catch a taxi or share one with friends
- Plan ahead and arrange overnight accommodation
- Catch public transport or walk if your home is close by
The Effects of Alcohol
- Makes you feel sleepy and fatigue
- Reduces your ability to judge other cars around you, people on the road and how fast you are driving
- Slows how the brain functions and reduces your reaction time
- Gives you false confidence
- Affects your balance and therefore motorcycle drivers are at greater risk of a crash
Contact our lawyers today if you have been charged with driving under the influence, drink driving or drug driving. Let us help you get the best outcome. You may also be interested in our traffic law and drivers licence suspension services.
Our DUI lawyers Sydney are located in Sydney Downing Centre, Parramatta, Penrith, Blacktown, Bankstown, Burwood, Campbelltown and more.