Driving Under the Influence (DUI), also known as drink driving, is a criminal offence. The offence occurs when a person operates a motor vehicle while impaired by alcohol or other substances that affect their ability to drive safely.
If you are convicted of a drink driving offence you will likely end up with a criminal record.
In NSW, there are three blood alcohol concentration (BAC) limits
, measured as the amount of alcohol you have in your system in grams per 100 millilitres of blood. Which limit applies to you depends on what type of drivers licence you have.
If you are a learner or provisional licence holder, or a visiting driver holding a learner or provisional licence you have a zero alcohol limit. This means you must not register any alcohol in your system if you are detained for testing. You also have a zero alcohol limit if you are participating in the mandatory interlock program.
For all public vehicle drivers, such as bus drivers and taxis, or if you operate a heavy vehicle or transport dangerous goods, your blood alcohol limit is 0.02. For all other licence types, including visiting drivers with an unrestricted drivers licence, the legal limit for alcohol is 0.05.
Drink driving charges can result in severe penalties, including fines, license suspension, and even imprisonment. The penalties will vary depending on factors such as your driving history and the category of DUI offence you have been charged with.
There are three categories of DUI offences:
- Low-range PCA offence: for DUI offences with alcohol levels greater than 0.05 but less than 0.08. If you are a first time offender the Court can’t impose a prison sentence however the minimum disqualification period is 3 months and you will receive a large fine. If this is not your first drink driving offence, the licence disqualification period is potentially unlimited, your fine could be up to $2,200 and a term of imprisonment is not out of the question.
- Mid-range PCA offence: if you are caught driving with a blood alcohol concentration greater than 0.08 but less than 0.15, the offence carries fines of up to $2,200 for first time offenders. Even as a first time offender your licence will be suspended immediately and you could face a period of imprisonment of up to nine months. For subsequent offences the fine is up to $3,300 and a maximum imprisonment term of 12 months.
- High-range PCA offence: Driving with a blood alcohol level over 0.15 is considered a high range PCA offence and carries the heaviest penalties. As a first time offender you could face imprisonment up to 18 months and a maximum fine of $3,300. If this is a subsequent offence the maximum fine is $5,500 and two years imprisonment.
If you refuse to take a roadside breathalyser test you could be faced with the same penalties as a high-range PCA offence.
If you’re convicted of a mid-range or high-range offence you will be required to participate in the mandatory interlock program. The interlock program requires an interlock device to be fitted to your vehicle, so that the vehicle can only be started after a breath analysis test returning a zero alcohol reading. There are certain limited circumstances in which you can apply for an interlock exemption from the court, in which case you will need to participate in the Sober Driver Program.
If you are found to be drink driving, even as a first time offender or for a low range offence, police can suspend your licence immediately effective for three months, and issue a significant fine. While it is possible to appeal against the immediate police suspension, it is very difficult to get your licence back pending your court date.
What to Expect if you have been charged with a DUI offence:
If you have been arrested for a drink driving offence and are being held at a police station contact us for advice on what you should and shouldn’t do so as to minimise the risk of heavy fines and penalties being imposed.
- Detained for testing: You may be stopped for a roadside random breath test or if a police officer suspects that you are driving under the influence, they may initiate a traffic stop to investigate further. The officer may administer a roadside breathalyser test to determine your level of alcohol impairment. If a roadside breathalyser test detects alcohol above the legal limit you will be arrested and police can transfer you to a police station to obtain a blood or urine sample.
Be mindful that the police are authorised to test your breath for alcohol only within two hours of your driving, and can not test you on your own property, including your driveway.
- Arrest and Charge: If the results indicate that you are above the legal limit, the officer will arrest and charge you with a Driving Under the Influence offence.
After the arrest, your details will be processed at the police station. This process typically includes taking your photograph, recording your personal information, and fingerprinting. Depending on the circumstances, you may be released pending your appearance in court or required to remain in custody until your first court appearance.
- Appearing in Court: You must attend your first court appearance. During this hearing, you will be informed of the charges against you and asked to enter a plea of guilty or not guilty. It is important to get advice from an experienced criminal defence lawyer before entering a plea so that you understand the potential consequences of each option.
If you have pleaded not guilty your case will proceed to trial. The police prosecutor and your defence lawyer will present evidence and arguments to support their respective positions. The judge will then decide whether you are guilty or not guilty of the charges against you.
- Sentencing: If you are found guilty the Court will determine the appropriate fines and penalties for your specific circumstances. Your criminal defence solicitor will be able to made submissions on your behalf to attempt to lessen the severity of the penalties imposed.
Our experienced criminal lawyers can evaluate your case and develop a tailored defence strategy to protect your rights and minimise the consequences of a drink driving charge. We can help you understand your options with a Section 10 or conditional release order to avoid a criminal record and limit the penalties imposed.
Our solicitors will evaluate your case and make recommendations on steps you can take to significantly improve your sentence outcome, for example, by participating in the NSW Traffic Offenders Intervention Program.
Our lawyers understand the impacts that a DUI conviction can have on your life, and we are committed to providing the support and guidance you need throughout the legal process.
If you, or a loved one, is facing a drink driving charge contact us for assistance. Our experienced team of criminal law solicitors is here to provide the guidance and support you need throughout the legal process.
