In NSW, A person is charged with an offence of Drink Driving (also known as driving with a Prescribed Concentration of Alcohol “PCA”) when their blood alcohol level is over the legal limit.
It is important to be vigilant when consuming alcohol and using a motor vehicle as most Police vehicles carry breathalysers in order to undertake a primary alcohol reading before asking you to accompany them for the purposes a secondary test.
There are five main drink driving offences:
- Novice range (0.00 to 0.019 for a Learner, P1 or P2 driver)
- Special range (0.02 to 0.049 for a Learner, P1/ P2 driver, bus or taxi driver)
- Low range (0.05 to 0.079)
- Mid-range (0.08 to 0.149)
- High range (0.15 and higher)
What are the Penalties for Drink Driving?
Low range, special or novice drink driving
NSW Police can immediately suspend your licence if you commit a low, special or novice range drink driving offence. However, If it’s your first offence, your licence can be suspended for 3 months and you may be issued an on-the-spot fine.
Mid range drink driving
An offence is committed for mid range drink driving when a blood alcohol level (BAC) is above 0.08 and less than 0.15.
High range drink driving
A high range PCA offence is when a driver is found to have a BAC above 0.15.
What is an Interlock Licence/Order?
If you are convicted for any of the above offences that carry an Interlock Order, you will be required to fit an interlock device in your car.
The device is a breathlysing machine that is attached to the centre of your vehicle and requires you to blow into a tube to provide a 0.00 blood alcohol reading in order to start the car.
What does the Court take into consideration on a sentence for Drink Driving?
A Court will take all objective and subjective features of your offending into consideration on a plea of guilty . To assist the Court, it is important to present the following considerations to the Court:
– Your need for licence (this could be due to your work, health, family).
– Your traffic history.
– The circumstances of your driving and offending.
– You contrition and remorse.
How will my Lawyer assist?
Duncan & Co Lawyers will assist by providing you with full guidance on any Local Court sentence. We will help organise character references, your attendance at the traffic offenders program and advocate on your behalf in the Court room. Contact Duncan & Co Criminal & Traffic Lawyers today on 02 4910 4054 or 0401 548 443.
