On the 28th June,
2021, the NSW government introduced a new law which targets drivers who drive
with (both) an illegal drug in their system as well as an illegal blood
alcohol level and these offences are called the ‘Combined Drink & Drug
Driving Offences’
This new law carries harsher penalties than the individual
penalties for drug driving or drink driving offences and the purpose of the
introduction of these laws in NSW is to prevent the high-risk behaviour on our
roads and to substantially reduce fatalities on our NSW roads!
In this article, we will break down the penalties for the Combined
Offences in the following categories:
· Combined Offence– Novice range PCA, Special range PCA, LOW range PCA with
prescribed illicit drug present
· Combined Offence– MID Range PCA with prescribed illicit Drug present.
· Combined Offence– HIGH RANGE PCA with prescribed illicit Drug Present.
Combined Offence- Novice PCA, Special Range PCA, LOW range
PCA with prescribed illicit drug present
It should be noted that this category of offences applies in
circumstances where:
1. A person is detected with a Low, Special
or Novice range PCA and a person also has an illicit drug present in their
system; and
2. The person was convicted of a combined
offence in the previous 5 years.
|
Penalties |
Second or subsequent offence |
|
Maximum Fine (Court-Imposed) |
$5500 |
|
Maximum Term of Imprisonment |
18 months |
|
Minimum Licence Disqualification |
18 months |
|
Maximum Licence Disqualification |
Unlimited |
|
Automatic disqualification (disqualification period that
applies in the absence of a specific court order) |
2 years |
|
Immediate licence suspension |
Yes |
|
Is it Subject to an alcohol interlock Order? |
Yes |
Combined Offence- MID Range PCA with prescribed illicit
Drug present.
|
Penalties |
First offence |
Second (or subsequent offence) |
|
Maximum Fine (Court-Imposed) |
$3300 |
$6600 |
|
Maximum Term of Imprisonment |
18 months |
2 years |
|
Minimum Licence Disqualification |
12 months |
2 years |
|
Maximum Licence disqualification |
Unlimited |
Unlimited |
|
Automatic disqualification (a disqualification period that
applies in the absence of a specific court order) |
2 years |
4 years |
|
Immediate licence suspension |
Yes |
Yes |
|
Is it Subject to an alcohol interlock order? |
Yes |
Yes |
Combined Offence- HIGH RANGE PCA with prescribed illicit
Drug Present.
|
Penalties |
First offence |
Second (or subsequent offence) |
|
Maximum Fine (Court-Imposed) |
$5500 |
$11,000 |
|
Maximum Term of Imprisonment |
2 years |
2 years |
|
Minimum Licence Disqualification |
18 months |
3 years |
|
Maximum Licence Disqualification |
Unlimited |
Unlimited |
|
Automatic disqualification (a disqualification period that
applies in the absence of a specific court order) |
4 years |
6 years |
|
Immediate licence suspension |
Yes |
Yes |
|
Is it Subject to an alcohol interlock order? |
Yes |
Yes |
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 Nicopoulos
Sabbagh Lawyers.
*This article correctly reflects
the Laws of NSW as at 19th October 2022.
*Please note that this page or any
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