Drink Driving Offences

Drink Driving Offences

Offence Definition
Key OffenCe Elements
Common DefenCes
Potential Penalties
A person who drives under the influence of alcohol can have their licence automatically revoked immediately.
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What is drink driving?

In May 2019, changes were made to penalties for drink driving offences in NSW. Now, people who drive under the influence can have their licence automatically revoked immediately. This is true even for low-level drink driving offences where the driver is a first-time offender. If the BAC reading is less than 0.079, an on-the-spot fine can be issued, meaning it is no longer always necessary to appear in court for a drink driving offence.

The Road Transport Act 2013 sets out drink driving offences and the penalties they carry. In New South Wales, drink driving is divided into five levels.

  • Novice Range (Learner, P1 or P2 license is BAC 0.00 to 0.019)
  • Special range (BAC 0.02 to 0.049 for learner, P1 or P2 licence or bus or taxi driver)
  • Low range (0.05 to 0.079)
  • Mid-range (0.08 to 0.149)
  • High range (0.15 and higher)

Each range has different maximum penalties and maximum and minimum licence suspension periods. Section 112 of the Road Transport Act deals with the offence of driving under the influence of alcohol or drugs.

What is Drink Driving Offences?

Elements the Prosecution Must Prove

Possible Defences

Potential Penalties

Legal Process
& Options

Pleading
Not Guilty

Pleading
Guilty

Frequently Asked Questions
Drink and drug driving

If you have been charged with drink driving or drug driving, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.

What steps should I take immediately after being charged with a criminal offence?

It's crucial to consult with a criminal defence lawyer as soon as possible to understand your rights and legal options. Contact us promptly to schedule a free consultation and start building your defence strategy.

How can a criminal defence lawyer help improve my case's outcome?

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What factors determine the cost of hiring a criminal defence lawyer?

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How quickly can I expect a response from your team after contacting you?

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