Facing
a drink driving charge in NSW can be overwhelming, with serious
consequences like fines, licence disqualification, and even imprisonment. At Nicopoulos
Sabbagh Lawyers, our criminal defence lawyers in Sydney specialise
in defending clients against drink driving offences, helping them
achieve the best possible outcomes. Whether you’re wondering about penalties,
defences, or how to keep your licence, we’ve compiled answers to the most frequently
asked questions about drink driving to guide you through this
challenging time. As a leading criminal law firm in Sydney, NSW, we’re
here to provide clarity and expert legal support.
1. What is a Drink Driving Offence in NSW?
Drink
driving, also known as driving with a prescribed concentration of
alcohol (PCA), is an offence under the Road Transport Act 2013 (NSW),
specifically Section 110. It occurs when you drive a vehicle with a
blood alcohol concentration (BAC) above the legal limit. The limits vary
depending on your licence type:
• Zero BAC: Learner, provisional, and certain
professional drivers (e.g., taxi or bus drivers).
• 0.05 BAC: Most full licence holders.
• 0.08 BAC and above: Triggers more severe charges,
such as mid-range PCA.
• 0.15 BAC and above: Considered high-range
PCA, with the harshest penalties.
Police
use roadside breath tests to detect alcohol levels, followed by a confirmatory
test at a station. A related offence is driving under the influence (DUI) under
Section 112, which applies if your driving is
impaired by alcohol, regardless of BAC.
If
you’ve been charged, consulting a drink driving lawyer in Sydney is
critical to understand your options and protect your rights.
2. What Are the Penalties for Drink Driving in NSW?
Penalties
for drink driving depend on the offence severity (low-range,
mid-range, or high-range PCA) and whether it’s your first offence or
a second or subsequent offence within five years. Here’s an
overview:
• Low-Range PCA (0.05–0.079 BAC):
•
First Offence: Maximum fine of $2,200, automatic 6-month disqualification
(minimum 3 months).
•
Second Offence: Maximum fine of $3,300, automatic 12-month disqualification
(minimum 6 months).
• Mid-Range PCA (0.08–0.149 BAC):
•
First Offence: Maximum fine of $2,200, up to 7 years imprisonment, automatic
12-month disqualification (minimum 6 months).
•
Second Offence: Maximum fine of $3,300, up to 9 months imprisonment, automatic
3-year disqualification (minimum 12 months).
• High-Range PCA (0.15+ BAC):
•
First Offence: Maximum fine of $3,300, up to 18 months
imprisonment, automatic 3-year disqualification (minimum 12 months).
•
Second Offence: Maximum fine of $5,500, up to 2 years imprisonment, automatic
5-year disqualification (minimum 2 years).
The
court may also impose a mandatory alcohol interlock order for mid-
or high-range PCA offences, requiring you to use a breath-testing device in
your vehicle. However, a skilled traffic lawyer in Sydney can argue
for a Section 10 dismissal or conditional release order without
recording of a conviction, allowing you to avoid a conviction, fine, or
disqualification.
3. Can I Avoid a Conviction for Drink Driving?
Yes,
it’s possible to avoid a conviction through a Section 10 dismissal or
conditional release order without conviction under the Crimes
(Sentencing Procedure) Act 1999. This outcome means no criminal record,
fine, or licence disqualification, which is crucial if you rely on your licence
for work or family responsibilities.
To
secure a Section 10, the court considers factors like:
• Your good character and lack of prior offences.
• The circumstances of the offence (e.g., low BAC or no
dangerous driving).
• Evidence of remorse, such as completing a Traffic
Offender Intervention Program.
• Hardship caused by a conviction or disqualification.
At Nicopoulos
Sabbagh Lawyers, our criminal lawyers in Sydney have a proven
track record of securing Section 10 dismissals for drink driving
clients, helping them keep their licences and avoid a criminal record.
4. Should I Plead Guilty or Not Guilty to a Drink Driving Charge?
Deciding
whether to plead guilty or plead not guilty depends on
the evidence, your circumstances, and your goals. Here’s a breakdown:
Pleading Guilty
Pleading
guilty means accepting the charge, which can be strategic if the evidence
(e.g., a confirmed BAC reading) is strong. Benefits include:
• Sentencing Discount: An early guilty plea can
reduce your penalty by up to 25%, showing remorse and saving court
resources.
• Non-Conviction Outcomes: Even with a guilty plea,
we can argue for a Section 10 dismissal to avoid penalties.
• Faster Resolution: Avoids the stress of a defended
hearing.
Our Sydney
criminal lawyers regularly appear in courts like Downing Centre,
Parramatta, and Burwood, achieving outcomes like reduced fines or shorter
disqualifications.
Pleading Not Guilty
Pleading
not guilty is appropriate if you believe you’re innocent or the prosecution’s
case is weak. The case proceeds to a defended hearing, where the
prosecution must prove the offence beyond reasonable doubt. Common defences
include:
• Invalid Testing: If police didn’t follow proper
breath-testing procedures, the evidence may be inadmissible.
• No Driving: If you weren’t driving or in control of
the vehicle at the time of testing, the charge may not apply.
• Mistaken Identity: If someone else was driving, we
can challenge the prosecution’s evidence.
Our criminal
defence lawyers in Sydney will go through all police reports, breath
test data, and footage to assess a possible defence. If successful, the charge
is dismissed, and you face no penalties.
5. What Other Defences Are Available for Drink Driving?
In
addition to the defences mentioned above, other Defences include:
• Honest and Reasonable Mistake: If you genuinely
believed you were under the legal BAC limit (e.g., due to miscalculating
drinks), this may apply in limited cases.
• Duress or Necessity: If you drove to avoid serious
harm (e.g., escaping danger), you may not be criminally liable.
• Medical Issues: If a medical condition affected the
breath test results, a lawyer can challenge their accuracy.
Our traffic
lawyers in Sydney will assess your case to identify the strongest
defence, ensuring every angle is explored.
6. How Can I Prepare for My Drink Driving Case?
Preparation
is key to a successful outcome. Here’s what you can do:
• Contact a Lawyer Immediately: Call Nicopoulos
Sabbagh Lawyers for a free initial consultation to discuss
your case.
• Gather Evidence: Collect receipts, collect all
relevant paperwork for your lawyer to understand your case, or even footage
that supports your version of events.
• Enrol in a Traffic Program: Completing a Traffic
Offender Intervention Program can demonstrate remorse and reduce
penalties.
• Document Hardship: Provide your lawyer with proof
of how a disqualification would affect your job, family, or mental health.
7. How Long Will My Licence Be Disqualified?
Disqualification
periods vary by offence and can range from 3 months (low-range PCA, first
offence) to 5 years (high-range PCA, second offence). However, our drink
driving lawyers can argue for a shorter disqualification or a Section
10 dismissal to avoid it entirely. We’ll also advise on appealing a
disqualification if necessary.
8. Will a Drink Driving Charge Affect My Job or Travel?
A drink
driving conviction can result in a criminal record, potentially
impacting employment (especially in roles requiring background checks) and
international travel (e.g., visa applications to countries like the USA or
Canada). By securing a Section 10 dismissal, we can help you avoid these
consequences.
9. Why Choose Nicopoulos Sabbagh Lawyers for Your Drink Driving
Case?
At Nicopoulos
Sabbagh Lawyers, we understand the stress of a drink driving charge and
its impact on your life. Here’s why clients across Sydney, NSW, trust us:
• Proven Expertise: Our criminal defence lawyers have
extensive experience defending drink driving offences in NSW
courts.
• Personalised Approach: We tailor our strategy to
your unique circumstances, whether pleading guilty or not guilty.
• Track Record of Success: We’ve secured countless Section
10 dismissals, acquittals, and reduced penalties for clients.
• 24/7 Availability: Our team is always ready to
provide urgent advice and support.
10. How Do I Get Started?
Don’t
let a drink driving charge derail your future. Take these steps
today:
1. Book a Free Consultation: Contact Nicopoulos
Sabbagh Lawyers at 02 9793 7016 or 0427 101 499 or visit
our website to discuss your case.
2. Act Quickly: Early legal advice improves your
chances of a favourable outcome.
3. Trust Our Expertise: Let our Sydney criminal
lawyers guide you through the process with confidence.
A drink
driving charge doesn’t have to define you. At Nicopoulos Sabbagh
Lawyers, we’re committed to protecting your rights and securing the best
outcome, whether that’s a not guilty verdict, a non-conviction order, or a
reduced penalty. Call us today and take control of your future.
Why
Choose Nicopoulos Sabbagh Lawyers YOUR Leading Sydney Traffic Lawyers to
represent you in your Traffic Law Matter?
Nicopoulos
Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office
appears at ALL Courts in NSW on a regular basis in ALL Traffic Law
matters. No matter is too complex for
Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book
your first Free Consultation today!
GOING
TO COURT?
It
is very important that you speak with a lawyer so that you can get the
appropriate legal advice which you require prior to going to court.
Our team
of experienced solicitors are there for you and can help you answer all your
questions, so be sure to contact your
Sydney Lawyers, Nicopoulos
Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 25th April 2025.
*Please note that
this page or any other pages on our website (including any other social media
platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a
substitute for legal advice or even other professional advice. It should also
be noted that accessing of this information from this website does not create a client-lawyer
relationship.