DRINK DRIVING PENALTIES IN NSW.

 

Penalties for Drink Driving in Australia include fines, loss of a person’s Driver licence, a requirement that a person install an (alcohol) Interlock Device and sometimes, even terms of imprisonment. 

 

Currently in NSW, there are 5 levels of Drink driving and they include:

i.         Novice range (0.001 to 0.019 for a Learner, P1 or P2 drivers)

ii.       Special range (0.02 to 0.049 for a Learner, P1 or P2 drivers or bus or taxi drivers).

iii.     Low range (0.05 to 0.079)

iv.     Mid-range (0.08 to 0.149)

v.       High range (0.15 & higher)

Each level of Drink driving attracts a specific penalty and a list of those penalties is documented (below).

 

Prescribed Concentration of Alcohol Level (PCA Level)

 

 

PENALTY

 

 

Novice Range

(Includes all drivers specifically Leaners, P1 & P2 Licence with an Alcohol Level between 0.001 to 0.019 whilst handling a vehicle).

 

 

 

FIRST TIME OFFENDERS:

·         Automatic Driver’s Licence Disqualification of up to 6 months and a minimum Driver’s Licence Disqualification for a period of 3 months.

·         No Mandatory Interlock Program

·         On the spot fines of $561.

SECOND / SUBSEQUENT OFFENDERS:

·         Maximum Driver’s Licence Disqualification of up to 12 months

·         Minimum Driver’s Licence Disqualification for a period of 6 months

·         Maximum Fine of up to $3,300.

·         Automatic Interlock of 3 months and the Minimum period of Interlock of 1 month.

 

 

Special Range Drink Driving

(If the Blood Alcohol content of the Driver is between 0.02 to 0.49 Whilst they are on their Learners or Interlock Licence Holders or a bus or taxi driver– The law regards this in the Special Range Category).

FIRST TIME OFFENDERS

·         A maximum Fine of $2,200

·         Automatic Driver’s Licence Disqualification for up to 6 months and a Minimum Disqualification for a period of 3 months.

 

SECOND / SUBSEQUENT OFFENDERS:

·         A maximum Fine of $3,300

·         Automatic Driver’s Licence Disqualification for up to 12 months and a Minimum Driver’s Licence Disqualification period of 6 months

 

Low Range Drink Driving

(Driving a vehicle with a blood alcohol concentration level between 0.05 to 0.079).

 

FIRST TIME OFFENDERS:

·         A maximum Fine up to $2,200

·         No Mandatory Interlock Program

·         An Automatic Disqualification of 6 months and a Minimum Disqualification for a period of 3 months.

SECOND/ SUBSEQUENT OFFENDERS:

·         A Maximum Fine of up to $3,300

·         Mandatory Interlock Program is applicable (3 months Maximum & 1 Month minimum). 

·         Automatic Disqualification for up to 12 months and a Minimum Disqualification for a period of 6 months.

 

Mid Range Drink Driving

(Driving a vehicle with a blood alcohol concentration between 0.08 to 0.149).

 

 

 

FIRST TIME OFFENDERS

·         A maximum Fine of up to $2,200

·         Automatic Disqualification for up to 12 months

·         Minimum Disqualification period of 6 months

·         Interlock Program Maximum of 6 months

·         Interlock Program Minimum of 3 months

·         Maximum term of Imprisonment of 9 Months

SECOND/ SUBSEQUENT OFFENDERS:

·         Maximum Fine of $3,300

·         Automatic Disqualification for up to 3 years

·         Minimum Disqualification period of 12 months

·         Maximum Interlock 9 months

·         Minimum Interlock 6 months

·         Maximum Term of Imprisonments of up to 12 months

 

High Range Drink Driving

(A person Driving a vehicle with a blood alcohol concentration of 0.15 and above)

 

 

 

FIRST TIME OFFENDERS

·         Maximum fine of $3,300

·         Term of Imprisonment of up to 18 months

·         Mandatory Interlock Program (Unless an exemption is granted by the Court).

·         Automatic Disqualification of 3 years

·         Minimum Disqualification of 12 months

SECOND/ SUBSEQUENT OFFENDERS:

·         Maximum Fine of $5,500

·         Maximum term of imprisonment of up to 24 months

·         Mandatory Interlock Program (Unless an Exemption is granted by the Court).

·         Automatic Disqualification of 5 years

·         Minimum Disqualification of 2 years

·         Maximum Interlock 12 Months

·         Minimum Interlock 9 Months

 


As of the 20th May 2019, if a person is caught drink driving over the legal limit in NSW, police have the power to suspend a driver’s licence immediately and on the spot (This includes first time offenders). This change in legislation was made to simply send out a message that there is absolutely no place for drink driving on Australian Roads.

First time offenders who commit a Low Range PCA (Prescribed Concentration of Alcohol) Drink Driving Offence will have their Driver’s Licence suspended on the spot for a period of three months by the Police and this will also include a monetary fine.

 

It is always in the Court’s discretion and it is open to a sentencing court to have a Drink Driving charge dealt with by way of a CRO w/No Conviction (Conditional Release Order without recording of a conviction).

 

It should be noted that if the court does deal with a matter by way of a CRO w/No Conviction, there is no disqualification period, no fine imposed and more importantly there is NO Criminal Conviction. 

 

Did you also know that refusing to take a breath Analysis is also a very serious offence in NSW with penalties for first time offenders including maximum fine of $3,300, Maximum Term of Imprisonment of up to 18 months, Mandatory interlock Orders, Maximum Disqualification of a driver’s licence of up to 9 months.

 

Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.

 

*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.

 

 

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