In the state of NSW and more specifically in most instances, if a person is charged with a Drink Driving or Drug Driving related offence then that person will have to go to court on a specified date as per the Court Attendance Notice.
Subject to the seriousness of the offence, a person may receive any of the following penalties:
<![if !supportLists]>1. <![endif]>A Licence Suspension or Disqualification
<![if !supportLists]>2. <![endif]>An Interlock Order
<![if !supportLists]>3. <![endif]>A Monetary (Court Imposed) fine
<![if !supportLists]>4. <![endif]>A Term of Imprisonment (this is a last resort, and it is for very serious offences)
In the state of NSW, Drug & Alcohol Driving offences are detected via the following methods:
- Random Breath Testing (RBT)
- Random Drug Testing (RDT)
- When a person is stopped by police at the roadside.
It should be noted that any case which is not dealt with by the Court in matters where the driver receives a Penalty Notice (along with an immediate licence suspension), these are usually for first time offences or less serious Traffic offences in general.
Did you know that if a person receives a penalty notice as well as an immediate licence suspension with respect to a Drink Driving related offence, the person can elect to go to court to appeal the licence suspension? It is highly recommended that you obtain legal advice prior to electing to take this step. More information can be found on this government website: https://www.revenue.nsw.gov.au/fines-and-fees/go-to-court