Drink driving penalties in New South Wales (NSW), Australia can be tough for those who violate traffic laws and regulations. But, if you seek legal advice as soon as possible, your traffic lawyer can guide you through the entire legal process.
Drink driving offence penalties are heavy because the NSW government is aiming to deter people from driving with an illegal blood alcohol concentration level (BAC) (0.05 and above). However, aside from these penalties, there are also initiatives that assist repeat offenders in changing their driving behaviours and mentality.
Let us now discuss some drink driving penalties in NSW and the current restorative program that the government is implementing.
What Are Drink Driving Penalties NSW?
Here’s a summarised table of the penalties and the BAC level for each type:
Prescribed Concentration of Alcohol (PCA) | BAC Level | Drink Driving Penalties |
Mid-range drink driving | A learner or provisional driver with a BAC above zero. | Low-range, special or novice drink driving |
Mid range drink driving | Above 0.08 and less than 0.15 | Court-imposed fine – AUD 2200 to AUD 3300 Prison term – 9 to 12 months Disqualification – 6 to 12 months Immediate licence suspension |
High range drink driving | Above 0.15 | Court-imposed fine – AUD 3300 to AUD 5500 Prison term – 18 to 24 months Disqualification – 12 to 24 months Immediate licence suspension |
What if an officer found that the driver was driving with both an illegal BAC and illegal drugs in their system? Naturally, the penalty is heavier for this. In 2021, the offence of combined drink and drug driving was added to NSW’s drink driving laws. Here are the penalties:
- Maximum court-imposed fine – AUD 5500 to 11,000
- Maximum prison term – 2 years
- Minimum disqualification – 18 to 36 months
- Maximum disqualification – Unlimited
- Automatic disqualification – 4 to 6 years
- Immediate licence suspension
- Subject to alcohol interlock order
If you want to understand more about these drink driving penalties or about dangerous driving causing death, schedule a consultation with a traffic offence lawyer now.
Vehicle Sanctions
Along with other drink driving penalties, the authorities may impose a vehicle sanction. They may either confiscate your number plate or impound your motor vehicle. This usually lasts for 3 months.
The police may apply for a vehicle sanction immediately for serious driving offences such as repeat high-risk drink driving and combined drink and drug driving (if high-range or repeat offences).
If this happens to you, don’t lose hope because you may still appeal a vehicle sanction with the help of a traffic offence lawyer. Lawyers can help you apply to the court to get your vehicle or number plates before the end of the confiscation period.
Traffic lawyers can give you legal advise on how to convice the court that you need to use the vehicle for a legitimate reason. At this point, the court will take a look at the circumstances and determine the reasonable possibility that:
- You will use the vehicle to commit a dangerous driving offence again; or
- The confiscation will cause extreme hardship for another person, other than the registered owner.
Drink Driving Penalties: New NSW Legislation
The main legislation for drink driving penalties is the Road Transport Act 2013. However, in 2021, a new law came into effect: the Road Transport Legislation Amendment (Drink and Drug Driving Offences) Act 2021.
The new law mainly introduces the combined alcohol and drug driving offence. Moreover, this law also embodies additional amendments on the old Transport Act. Here are some of the changes:
- Defence for offence relating to novice range prescribed BAC. The defendant must prove to the court that the illegal BAC presence in the defendant’s breath or blood of the novice range was not caused by:
- the consumption of an alcoholic beverage, other than for the purposes of religious observance, or
- the consumption or use of another substance, for example, food or medicine, for the purpose of consuming alcohol.
- Detention of vehicles. If a driver was caught drink driving, the police may confiscate the vehicle for safekeeping. Moreover, the police officer may also detain such vehicle if the driver is found to have committed a section 111A offence (presence of both prescribed illicit drug in person’s oral fluid, blood or urine and prescribed concentration of alcohol in person’s breath or blood).
- Testing for alcohol and drug use. Under Schedule 3, new provisions are added (32A and 32B). Breath and blood analysis tests may be presented as evidence during court proceedings to prove the presence of alcohol and drug in the driver’s system at the time the offence was committed.
Moreover, authorities may also conduct an oral fluid analysis test to determine the presence of illicit drugs in the person’s body. They may also present this to the court as evidence for the commission of the offence.
Drink Driving Penalties: The Sober Driver Program
The Sober Driver Program is a ‘restorative penalty’ for drivers who are repeat drink driving offenders. It aims to help these drivers by changing their attitude and behaviours. This is a 20-hour group therapy program that aims to help the offender to:
- Understand the consequences of drink driving;
- Understand the events and decisions that led to your offence or if this is your second or subsequent offence
- Create and use strategies to prevent you from offending again especially if you had subsequent offences or subsequent drink driving offence.
- Develop skills and positive attitudes for safe driving.
Corrective Services NSW or Managed Training Services may deliver the program. If you have a court supervisory order with the Corrective Services NSW, you must complete the program with them. This will incur no cost at all. Visit this link to register.
If you have an interlock exemption order and the Corrective Services NSW does not supervise you, you must complete the program with the Managed Training Services. For this pathway, the program will cost AUD 700. Click here for registration.
After the program, you will receive a Certificate of Completion and it will be electronically recorded in your case history file with the Community Corrections. If you completed the program through the Managed Training Services, you will receive a Certificate of Completion from Transport for NSW.
Upon application for a new licence, you must present this certificate.
Getting Legal Help from a Traffic Offence Attorney
Drink driving offences in NSW may lead to a hefty fine or even long-term imprisonment. But with an experienced traffic lawyer by your side, you don’t need to worry. At JB Solicitors, we prioritise our client’s best interests and protect their rights.
If you are charged with drink driving penalties and licence disqualification matters, don’t hesitate to seek legal advice. This is very important because what’s at stake is your liberty (imprisonment penalty) and your property (car impound). Know your rights and let us defend you in court.