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).
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Prescribed Concentration of Alcohol Level (PCA Level)
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PENALTY
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Novice Range (Includes all drivers specifically Leaners, P1 & P2 Licence with an Alcohol Level between 0.001 to 0.019 whilst handling a vehicle).
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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.
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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
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Low Range Drink Driving (Driving a vehicle with a blood alcohol concentration level between 0.05 to 0.079).
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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.
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Mid Range Drink Driving (Driving a vehicle with a blood alcohol concentration between 0.08 to 0.149).
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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
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High Range Drink Driving (A person Driving a vehicle with a blood alcohol concentration of 0.15 and above)
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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
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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.
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