The court can reduce this to a minimum of 2 years. In May 2019, the processes and penalties for drink driving offences in New South Wales changed considerably. An interlock device requires that, in order to start your car, you must blow into the device and register a zero BAC result. The way she handled the entire process and had me in the loop with her way of… (read full review), Good Character Reference Sample for Assault Offences, Good Character Reference Sample for Drug Offences, NSW Penalties for Criminal and Traffic Offences, How to Write an Apology Letter for Assault Offences, How to Write an Apology Letter for Drug Offences, Good Character Reference Sample for Drink Driving Offences, Good Character Reference Sample for Driving Offences, How to Write an Apology Letter for Driving Offences, How to Write an Apology Letter for Drink Driving Offences. After receiving an on-the-spot fine for a first-time low-range drink driving offence (or a novice or special-range drink driving), you have 1 of 2 options: The Court can then impose any one of the following types of penalties on sentence for the drink driving offence: If you receive an immediate police licence suspension, you will continue to be suspended (for the 3-months) unless you either: If successful in appealing the police suspension in court, the Court will remove the police suspension period, allowing you to continue driving after you’re issued with a new licence. Mitigating factors are features of your case that allow the Judge to impose a lenient punishment. DUI Penalties in NSW. The … If you have a mid-range BAC reading at the time of driving (0.08 but less than 0.15) then, unless the court imposes a section 10 dismissal or Conditional Release Order without conviction sentence, you will face the following possible maximum penalties. Low Range: $561 fine + 3 month immediate police licence suspension for first offenders. What are your options after receiving an immediate licence suspension from police for drink driving? You were detected at random for a random breath test. NSW Transport and Roads Minister Andrew Constance said the government would take a zero-tolerance approach to drink-driving. Generally, a conviction is ‘spent’ if 10-years have lapsed since the recording of the conviction, provided there has been no further convictions for an offence punishable by prison. High range has up to 18-months jail for first offenders and 24 months jail for second or subsequent offenders. He starts consuming alcohol at 6pm and ends up having 10 schooners (full strength beer equivalent of 15 standard drinks) over a 6-hour period. You’re unable to afford the installation & maintenance cost for the interlock device. The TOP you entoll into must be an approved program under Part 8 Criminal Procedure Regulation 2017 (NSW). 16-19 demerit points: 4-months suspension of driver licence, to commence 28-days from day of receiving notice of suspension. Drug-driving … The vehicle is a coach or motor vehicle with a GVM of more than 13.9 tonnes. It is possible to walk out of court without a criminal record and without a disqualification of your driver licence even after pleading guilty to a drink driving offence, but only if you end up getting a section 10 dismissal or Conditional Release Order without conviction from the Magistrate or Judge. From 20 May 2019, tougher penalties apply for drink driving in NSW, including immediate licence suspension for any drink driving offence. Even if it is your first offence, if you’re driving above the legal blood alcohol limit or on-the-spot tests show the presence of illicit drugs, your licence will be suspended and you’ll be required to hand it to Police immediately. In NSW there are five levels of drink driving. 21/05/2019. The penalties, consequences or punishment for drink driving in NSW varies depending on the type of drink driving charge you face, the BAC reading, your traffic record, whether you have any prior drink driving or traffic offences, and the objective and subjective features of your case. Share on linkedin . The sentencing Court (usually a Judge or Magistrate) will consider the above features before then determining which one of the following types of drink driving penalties to impose on you during sentence: When a court imposes a penalty that carries a conviction, it will also result in a licence disqualification period, with a criminal conviction. A person who’s never obtained a relevant driver licence. You may also, at random times, be required to repeat this process to continue driving. The best thing to do is to avoid driving if you intend to consume alcohol. If you require legal advice or representation in a drink driving matter or in any other legal matter, please contact Go To Court Lawyers. A drink driving charge can be: a 'prescribed concentration of alcohol' (PCA) offence; a 'driving under the influence' (DUI) offence ; refusing or failing to give a breath analysis or blood sample, and; dangerous driving involving alcohol. You should get legal advice about your own case, especially if this is not your first offence. Drink and drug driving reforms. Slows down your ability to react, which is extremely concerning, because your ability to react in time could effect someone’s life or your life on the road. Drink driving laws in NSW are complex and can be difficult to both navigate and understand. Previously, all NSW drivers charged with drink driving were required to attend court to have their penalty determined. A penalty of up to $5,500 fine or 2 years prison (or both). You cannot be guilty of driving a car with an alcohol concentration above the legal limit if you are seated in the driver seat (on a road), but stationary with the engine on. Alcohol stays in the body for varying periods of time depending on the body type, gender, age, period(s) of time when alcohol was consumed, whether it was consumed on an empty stomach or full stomach, and the type of alcohol consumed. You drove to avoid inconvenience, or you believed that you were not alcohol affected to that extent. Every person caught drink-driving in NSW will immediately lose their licence on the spot and cop a massive fine under strict new laws. How much does a drink driving rehabilitation course cost? A drink driving offence will be considered a ‘second or subsequent offence’ if in the last 5-years from the date the court convicts you for your current offence, you have been convicted of a ‘major offence’ (including drink driving). This is due to the fact that alcohol remains in the body for varying periods of time. You have a good traffic record, and you are of prior good character. Phoebe Loomes news.com.au May 6, 2019 4:29pm We are also of the firm view that, going to court for drink driving on a plea of guilty allows an offender to provide an explanation for his/her drink driving behaviour. Reduces your ability to multi task while driving. "This means anyone caught drink-driving in NSW, at any level, including low-range, can now lose their licence immediately," the minister said in a statement on Monday. You were not detected due to the manner of driving. The new first-time low range drink driving laws appear to now take this discretion away from the courts. A tough new penalty regime in NSW … The maximum penalties and disqualifications are: Low Range PCA First Offence. This means, he won’t be able to drive until about noon the next day. Moreover, one would also think, that there is a greater deterrent effect from being required to appear in court to face a Magistrate where there is a gallery of people in the court room, which provides an opportunity for the offender to reflect on his/her offending behaviour prior to the court date- as opposed to an on-the-spot fine without a requirement to appear in court. You must not drive any other car while you are under an interlock order. Before these changes in the law, drivers charged with low range PCA drink driving on NSW roads were required to attend court to have their penalty determined. Some 68 people died in alcohol-related crashes on NSW roads last year. A person found guilty of high range drink driving faces a fine of $3,300 for a first offence and up to $5,500 for a second or subsequent offence. Also, on the spot fines can now be issued for a first offence if the blood alcohol reading is below 0.079. You are required to complete the Sober Driver Program if you have been convicted of certain drink driving offences and the Court has given you an Interlock exemption order. Subjective features here, is when the sentencing Judge or Magistrate determines your penalty based on features such as, your prospects of rehabilitation including your mental health at the time, whether your mental condition contributed to you drinking to that extent, your treatment and progress, the impact of a conviction on your job, income and family dependents who rely on your income and ability to drive. However, the NSW Law Society said the new penalties would decrease the deterrence and increase offence rates of drink-driving in NSW. The latter penalty is usually imposed in cases of serious violations such as those that result to death or grievous bodily harm . You drove to avoid inconvenience, or you believed you were not that affected by alcohol. 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