In New South Wales, drink driving offences are regulated by the Road Transport Act 2013 and the Road Transport (Alcohol and Drugs) Act 1977. These laws establish the rules for driving with alcohol in your system, prescribed blood alcohol concentration (BAC) limits and the penalties that may apply.
NSW courts treat drink driving offences seriously. If you have been charged with drink driving, obtaining advice from an experienced drink driving lawyer NSW early can help you understand your options and the potential consequences.
Prescribed BAC Limits
The prescribed blood alcohol concentration (BAC) limit determines how much alcohol a driver can legally have in their system while operating a vehicle. The applicable limit depends on the type of driver and their licence category.
Learner drivers, P1 provisional drivers (red P-plates) and P2 provisional drivers (green P-plates) must maintain a zero BAC. This means they cannot have any alcohol in their system when driving.
Most unrestricted drivers must keep their BAC below 0.05. This means their BAC must not reach 0.05 grams of alcohol per 100 millilitres of blood.
Professional drivers, including taxi drivers, bus drivers and heavy vehicle drivers, must maintain a stricter BAC limit of below 0.02.
NSW classifies prescribed concentration of alcohol (PCA) offences based on BAC levels:
- Low-range PCA: more than 0.049 but less than 0.08 BAC for general drivers.
- Mid-range PCA: 0.08 BAC or higher but less than 0.15 BAC for general drivers.
- High-range PCA: 0.15 BAC or higher for general drivers.
Drink Driving Penalties in NSW
The penalties for a drink driving offence in NSW depend on several factors, including:
- the driver’s BAC level;
- whether the offence is a first or subsequent offence;
- the type of driver involved; and
- any aggravating circumstances.
Possible penalties for drink driving offences may include:
- fines;
- licence disqualification periods;
- alcohol interlock orders; and
- imprisonment in more serious cases.
The NSW Government provides information about drink driving offences and penalties, including the consequences that may apply depending on the offence and circumstances.
The court considers the individual circumstances of each matter before deciding the appropriate penalty.
Alcohol Interlock Program NSW
The NSW Alcohol Interlock Program aims to reduce repeat drink driving offences by preventing drivers from starting a vehicle after consuming alcohol.
The program requires certain drivers convicted of drink driving offences to install an interlock device in their vehicle. The device connects to the vehicle’s ignition system and measures the driver’s breath alcohol concentration before allowing the vehicle to start.
Drivers participating in the program must maintain a zero alcohol reading. If the device detects alcohol, the vehicle will not start. The device also records attempts to drive after consuming alcohol.
After completing the mandatory disqualification period, the driver can only operate vehicles fitted with an approved interlock device for the required period.
A court must impose an Alcohol Interlock Program order when a person receives a conviction for a mandatory interlock offence. These offences include:
- low-range, novice or special-range PCA offences that involve a second or subsequent offence within five years;
- mid-range PCA;
- high-range PCA;
- driving under the influence of alcohol; and
- refusing to provide a sample for analysis.
Courts can also impose mandatory interlock orders for certain other offences where the person has previous relevant convictions within the last five years.
Interlock periods range from 12 to 48 months depending on the offence and whether there have been previous convictions.
In exceptional circumstances, a person convicted of a drink driving offence may apply for an interlock exemption order.
How a Lawyer Can Help With a Drink Driving Charge
A drink driving charge can have serious consequences, including fines, licence restrictions and mandatory participation in the Alcohol Interlock Program.
An experienced traffic lawyer can review the circumstances of your charge and help you understand your legal options. This may include:
- reviewing the prosecution evidence;
- examining whether police followed the correct procedures;
- assessing the accuracy and reliability of breathalyser evidence;
- identifying potential defences; and
- providing advice about sentencing options.
Legal advice can also help you understand your responsibilities under the Alcohol Interlock Program, respond to potential breaches and address any administrative issues.
In some cases, a lawyer may assist by presenting submissions about appropriate sentencing outcomes or rehabilitation steps that address the circumstances behind the offending.
This information is general only and does not constitute legal advice.
If you or someone you know needs advice about a drink driving charge, contact Hughes Law by calling 0422 388 370 or 1300 4 HUGHES, or email [email protected].