Do you think I should catch an Uber?
If you’ve knocked back a few alcoholic beverages and asked if you think you should catch an Uber, then it is likely that you should avoid driving.
Consequence
The consequences of drink driving in NSW can be severe depending on your blood alcohol concentration limit.
The following table sets out the offences:
Offence | Automatic period of disqualification | Minimum period of disqualification | Maximum Fine | Maximum Jail Sentence that can be imposed |
Novice Range penalty is defined as a concentration of alcohol in 210 litres of breath between 0.01g – 0.019g | 6 months (1st offence) 12 months (2nd offence) | 3 months (1st) 6 months (2nd) | $1,100 (1st) $2,200 (2nd) | Nil (1st) Nil (2nd) |
Special Range penalty is defined as a concentration of alcohol in 210 litres of breath between 0.02g – 0.049g | 6 months (first offence) 12 months (second offence) | 3 months (1st) 6 months (2nd) | $1,100 (1st) $2,200.00 (2nd) | Nil (1st) Nil (2nd) |
Low Range penalty is defined as a concentration of alcohol in 210 litres of breath between 0.05g – 0.079g | 6 months (first offence) 12 months (second offence) | 3 months (1st) 6 months (2nd) | $1,100 (1st) $2,200.00 (2nd) | Nil (1st) Nil (2nd) |
Mid Range penalty is defined as a concentration of alcohol in 210 litres of breath between 0.08g – 0.149g | 12 months (first offence) 3 years (second offence) | 6 months (1st) 12 months (2nd) | $2,200 (1st) $3,300.00 (2nd) | 9 months (1st) 12 months (2nd) |
High Range penalty is defined as a concentration of alcohol in 210 litres of breath over 0.150 | 3 years (first offence) 5 years (second offence) | 12 months (1st) 2 years (2nd) | $3,300 (1st) $5,500.00 (2nd) | 18 months (1st) 2 years (2nd) |
Driving Under the Influence of alcohol or any other drug | 12 months (first offence) 3 years (second offence) | 6 months (1st) 12 months (2nd) | $2,200 (1st) $3,300.00 (2nd) | 9 months (1st) 12 months (2nd) |
Refuse Breath Test penalty occurs when you refuse or fail to provide a sample for a breath test without reasonable excuse | 6 months (first offence) 6 months (second offence) | nil (1st) nil (2nd) | $1,100.00 (1st) $1,100 (1st) | nil (1st) nil (2nd) |
Refuse Breath Analysis penalty occurs when you have given a breath test that has returned a positive reading and then refuse or fail to provide a sample for analysis without reasonable excuse | 3 years (first offence) 5 years (second offence) | 12 months (1st) 2 years (2nd) | $3,300 (1st) $5,500.00 (2nd) | 18 months (1st) 2 years (2nd) |
Wilfully Alter Blood Concentration penalty occurs when you wilfully alter your blood alcohol concentration by drinking a substance between the alleged offence and the time of testing | 3 years (first offence) 5 years (second offence) | 12 months (1st) 2 years (2nd) | $3,300 (1st) $5,500.00 (2nd) | 18 months (1st) 2 years (2nd) |
Criminal Record
If you have been charged with one or more of the above offences, it is necessary that you prepare your matter for Court.
Whilst you may have committed an offence that could have potentially harmed you and others, don’t stress.
We all make mistakes and guess what, the Court also understands this!
Did you know your offence and all the nasty consequences that comes along with it could be reduced, or even completely dismissed by the Court?
You should highlight some of the good things about you and what occurred during the time you were drink driving, and also the following information:
- The special circumstances surrounding the offence
- Were you co-operative with the police?
- Are you sorry about what happened?
- What are the chances of you re-offending?
- Where there any medical factors?
- Tell the Court about your education and employment.
- What are your living arrangements? Are you married, de-factor or single? Do you have dependants? What is your income and expenses?
- Are you involved in any community activities?
- How is your criminal and traffic record?
- Did you plead guilty at the first available opportunity?
- Have you attended the Traffic Offenders Rehabilitation Program?
If the Court finds the above information to be convincing, the Judge may reduce your penalty or even dismiss your charge completely.
Criminal records can be nasty things, when applying for jobs or even attempting to enter countries such as Japan or the United States for a holiday. Whatever the reason it surely is in your best interests to not have any criminal record.