There are harsh penalties for drink driving. The penalty will largely depend on the result of your breath test. The higher your Blood Alcohol Level (BAL), the stiffer the penalties. Generally you will be fined and your licence will be suspended. A criminal conviction will also probably be recorded.

However, if your offence was in the lower range (you were only just over) and you have a clean record there is a better chance that you will not receive a criminal conviction. This is obviously a good outcome, as a criminal record can affect you in many ways, particularly in terms of future employment prospects as well as in security and background checks. It is therefore important to put a strong argument before the court to try and prevent this from happening.

In the case of high range offences (where your reading was 0.15 or above), there is now a good chance you will go to jail. Government officials and senior judges have indicated that from now on a tough approach will be taken in these cases. If you fall into this category, contact us to find a legal specialist immediately. Our specialist traffic lawyers provide expert advice on all features of drink driving offences.

This is where you can learn more about drink driving penalties in NSW.

Defences to Drink Driving Charges

There are several ways that you can have a drink driving charge against you dismissed. A successful defence can obviously be maintained if you were not driving a motor vehicle at the time.

The charge can also be defended on the basis that the breath analysis back at the police station took place outside of 2 hours from the time you were driving, or that the breath test was taken at your home (or on your property, as opposed to being undertaken on a public road).

In addition to defeating the charge outright, there is also the possibility that the charge can be downgraded (from high to mid-range, or from mid to low). If a charge is successfully downgraded it can mean the period of time off the road a motorist serves is much reduced.

It can also substantially increase the chance of a Section 10 dismissal (where the Magistrate does not record a conviction). This is often done on the basis of medical evidence and we frequently arrange for our clients to obtain a pharmacology report from a medical specialist who is an expert in the area.

It is possible that the police PCA reading is incorrect and that case these reports may well assist you. The medical experts will take a variety of different factors into consideration before calculating what they believe your actual PCA reading would have been. These include your height and weight, your gender, your food intake on the day in question and whether you were taking any prescribed or “over the counter” medication.

Getting Back on the Road Faster – the Interlock Device

Recently, the Interlock device has been introduced as a way of getting back on the road sooner. Basically the Interlock is a device which is installed in your car which tests your breath before your start the engine. If you are caught with a high range reading for example, the magistrate will let you back on the road much sooner if they agree that you are a suitable candidate to have the Interlock Device installed in your car.

Instead of being off the road for up to 3 years (in the case of high-range PCA offences), you can be driving again in 6 months. For sales reps, real estate agents and other small business people, the Interlock Device can literally save their job or their career.

The crucial thing to remember about the Interlock Program is this: you only get one chance to apply to be allowed to install the device in the car. If the Magistrate does not agree you are a suitable candidate (and the use of the Interlock device is entirely at the discretion of the Magistrate), you will serve the full period of licence disqualification with all the associated implications for your personal and professional life.

Conclusion

Drink Driving charges are serious matters. Lengthy suspensions and in some cases even gaol can result. With expert legal advice, however, these penalties can be greatly reduced and motorists can get back on the road much sooner. In many cases a reduced period of time off the road, or a Section 10 can be enough to save someone’s job. At the very least it will mean less inconvenience and embarrassment.

Of course, to obtain the best possible result it is important to prepare the case thoroughly and put forward persuasive arguments before the court. Our appointed lawyers have many years of experience with these types of matters.

We also believe in providing expert legal advice at very reasonable rates. Your first meeting with us is at no charge. At this meeting, we will outline the best strategy for avoiding a conviction in your case. We will also tell exactly how much our representation will cost, and provide you with a costs agreement in clear, simple English.

If you would like to speak with one of our traffic lawyers, please phone our office on 02 9024 9530 or drop us an email using the contact form to the right.

The initial consultation is absolutely free and carries no obligations. If your licence has been suspended, please let us know - we may be able to arrange a home visit at a time that suits you.