Drink driving in NSW is taken very seriously and the penalties are getting tougher. In NSW it is getting increasingly difficult for offenders to avoid having their drivers licence suspended for a considerable amount of time. If you have been issued with an infringement notice or charged with a drink driving offence it is important to contact one of our experienced Sydney drink driving lawyers immediately. Our drink driving lawyers will take you through and explore all your options.
The drink driving laws in NSW are very strict and now carry penalties of minimum mandatory licence loss periods. If you have a reading of a blood alcohol concentration (BAC) of .07 or more you will need to attend court and successfully defend your matter should you wish to keep your drivers licence.
IMMEDIATE LOSS OF LICENCE:
There are circumstances where police are able to suspend your licence immediately, pursuant to s.51 Road Safety Act 1986, this is also known as a Notice of Immediate Suspension. An offender will usually be issued with a Notice of Immediate Suspension in circumstances where the offender’s BAC reading is .10 or more; where an offender is under the age of 26 and produced a BAC reading of .07 or more; the offender has failed to comply with a request by NSW Police to undergo a breath test; and various other circumstances. If you have been served with a Notice of Immediate suspension contact our team of experienced drink driving lawyers urgently.
See table below for minimum disqualification periods for first time offences;
PENALTIES FOR FIRST TIME DRINK DRIVING OFFENDERS*
|Blood Alcohol Concentration (BAC)||Minimum disqualification period|
|less than .07||6 months|
|.07 or more but less than .08||6 months|
|.08 or more but less than .09||6 months|
|.09 or more but less than .10||6 months|
|.10 or more but less than .11||10 months|
|.11 or more but less than .12||11 months|
|.12 or more but less than .13||12 months|
|.13 or more but less than .14||13 months|
|.14 or more but less than .15||14 months|
|.15 or more but less than .16||15 months|
|.16 or more but less than .17||16 months|
|.17 or more but less than .18||17 months|
|.18 or more but less than .19||18 months|
|.19 or more but less than .20||19 months|
|.20 or more but less than .21||20 months|
|.21 or more but less than .22||21 months|
|.22 or more but less than .23||22 months|
|.23 or more but less than .24||23 months|
|0.24 or more||24 months|
|* Offences committed on or after 1 October 2014|
In NSW it is an offence to be driving a motor vehicle while affected by drugs (this includes many prescription drugs). Drivers who are driving while impaired by a drug face harsh penalties. There are three offences in creation to drug driving in NSW:
- Drive a motor vehicle when your saliva or blood contained any tract of illicit drugs
- s.49(1)(a) Road Safety Act – drives a motor vehicle or is in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle;
- s.49(1)(ba) Road Safety Act – drives a motor vehicle or is in charge of a motor vehicle impaired by a drug
Please note that it is an offence to not cooperate with NSW Police when they are conducting a drug test or requesting a blood sample.
If you have been charged with drug driving it is crucial that you contact one our experienced drug driving lawyer immediately so that we can start to prepare for your matter.
DRUG & DRINK DRIVING
In NSW there are severe penalties if you are caught driving while under the influence of both illicit drugs and alcohol over the legal limit. You can be penalised for:
Further information available on the NSW Roads website.
- Driving or being in charge of a motor vehicle with an illegal blood or breath alcohol concentration and the present of any illicit drug in your blood or fluid;
- Provision a blood sample containing an illegal concentration of alcohol and any illicit drug within three hours of driving or being in charge of a motor vehicle
Every person who has lost their licence for a drink driving offence that has been committed since 1 October 2014 will now be subject to a mandatory interlock condition. The interlock condition will be imposed once the offender applies to get their licence back after serving the disqualification period ordered by the Magistrates.
INTERLOCK PERIODS FOR OFFENCES COMMITTED AFTER 1 OCTOBER 2014 (FIRST TIME OFFENDER)
|Blood Alcohol Concentration (BAC)||MINIMUM INTERLOCK PERIOD|
|less than .15||6 months|
|.15 or more||6 months|