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No matter who you are, anyone can find themselves charged with alcohol-related motoring offences. We have acted for a wide array of people including but not limited to doctors, teachers, medical professionals, police officers, bankers, business persons, full time drivers and even lawyers in the past.
The following are the different types of Drink Driving charges in NSW.
Case law/Jurisdiction
On 8 September 2004 the New South Wales Court of Criminal Appeal delivered a guideline judgment concerning the offence of high range PCA (prescribed concentration of alcohol). The case is called Re: Application by Attorney-General (No. 3 of 2002) (2004) 61 NSWLR 305).
Although the Guideline Judgment is in relation to offenders found guilty of high-range PCA, courts often refer to the principles and comments made by the judges in the Guideline Judgment when sentencing offenders charged with low range or mid-range PCA.
In the Judgment the nature and elements of the way sentencing must/should usually occur for the various levels of Drink Driving were set out as follows;
The Supreme Court said that the following factors aggravate the seriousness of the offence:
The Supreme Court also made the following observations:
The Court said that offence is “so serious and the criminality…so high” that the participation in a program cannot be seen as an alternative to punishment. It will not warrant the making of a section 10 simply because the offender has participated in such a program.
In terms of the period of disqualification, the automatic period is not the maximum, but merely a default period that operates on conviction unless some other order is made. The disqualification period can be longer. There should be “sufficient and appropriate reasons for reducing the automatic period”.
There will almost invariably be hardship, or at least inconvenience, caused by disqualification for such a lengthy period.
The Supreme Court said an ordinary offender for the offence of high-range PCA is where:
National Criminal Lawyers have been successful in defending a number of Drink Driving charges and achieved a number of non-convictions for Drink Driving (low range, special range and Mid-range).
NCL offer the following options for those who have been charged with Drink Driving:
If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.
Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.
Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work at increasing the chances of obtaining a non-conviction or section 10.
Drink driving penalties in NSW First Major offence* within 5 years
Offence | Maximum fine | Maximum jail | Automatic disqualification | Minimum disqualification |
Novice range PCA 0.01 – 0.019 | $1,100 | Nil | 6 months | 3 months |
Special range PCA 0.02 – 0.049 | $1,100 | Nil | 6 months | 3 months |
Low range PCA 0.05 – 0.079 | $1,100 | Nil | 6 months | 3 months |
Mid-range PCA 0.08 – 0.149 | $2,200 | 9 months | 12 months | 6 months |
High range PCA over 0.150 | $3,300 | 18 months | 3 years | 12 months |
Refuse breath analysis | $3,300 | 18 months | 3 years | 12 months |
Wilfully alter blood concentration | $3,300 | 18 months | 3 years | 12 months |
Refuse breath test | $1,100 | Nil | 6 months | Nil |
Driving under the influence (DUI) | $2,200 | 9 months | 12 months | 6 months |
Drink driving penalties in NSW Second Major offence* within 5 years
Novice range PCA (0.00 – 0.019) | 2200 | Nil | 12 months | 6 months |
Novice range PCA (0.00 – 0.019) | 2200 | Nil | 12 months | 6 months |
Low range PCA ( 0.05 – 0.079 ) | 2200 | Nil | 12 months | 6 months |
Low range PCA ( 0.05 – 0.079 ) | 2200 | Nil | 12 months | 6 months |
High range PCA ( over 0.150 ) | 5500 | 2 years | 5 years | 2 years |
Driving under the influence (DUI) | 3300 | 12 months | 3 years | 12 months |
Refuse breath analysis | 5500 | 2 years | 5 years | 2 years |
Wilfully alter blood concentration | 5500 | 2 years | 5 years | 2 years |
Refuse breath test | 1100 | Nil | ||
Wilfully alter blood concentration | 5500 | 2 years | 5 years | 2 years |
Offence | Minimum time off the road | Maximum time off the road | Minimum time in interlock program | |
Novice Range, Special Range or Low Range (second offence) | 1 months | 3 months | 12 months | |
Mid-Range (second offence) | 6 months | 9 months | 24 months | |
High Range | 6 months | 9 months | 24 months | |
High Range (second offence) | 9 months | 12 months | 48 months | |
DUI (second offence) | 6 months | 9 months | 24 months | |
Refuse/fail to provide sample | 6 months | 9 months | 24 months | |
Refuse/fail to provide sample (second offence) | 9 months | 12 months | 48 months |
Major traffic offences include:
If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.
A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.
National Criminal Lawyers have defended thousands of people charged with Cultivate and are experts at these hearings.
Some of the possible defences available for those charged with Drink Driving can include:
Noting the Guideline Judgment in NSW, a court can impose any of the following penalties for a Drink driving charge.
However, from the 24 September 2018 new penalty’s will be replacing the above. They are as follows:
Our client was charged with Low Range PCA (Prescribed Concentration of Alcohol) after he had been observed doing a U- turn at a traffic light intersection. A breath analysis revealed a reading of 0.069. We asked the client to participate in the Traffic Offender Intervention Program, a course which aims to provide education on traffic rules. Our client’s traffic record was good , with only one speeding offence being recorded in his ten-year driving history.
We were also able to argue that he had a genuine need for a driver’s licence for work, and that he would lose income as a direct result of it being disqualified. The magistrate sentenced our client to a non-conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) which meant our client was able to keep his driver’s licence.
Our client was pulled over by police and asked to perform a breath test wherein it was found a low reading of alcohol. He pleaded guilty to driving with a low range of PCA and cooperated fully with the police. We represented our client in his sentencing hearing where submissions were made regarding our client’s remorse and the fact that he had successfully undertaken a Traffic Offender Intervention Program. He was given a non-conviction order.
Our client was charged with driving a motor vehicle whilst over the middle range alcohol limit but not over the high limit. The client needed a licence to maintain employment as a truck driver.
He instructed National Criminal Lawyers on the appeal as the local Court convicted him of the offence and fined him.
On appeal, we made submissions on behalf of the client and submitted an affidavit. Our specialist lawyers also drafted lengthy submissions as to our clients mitigating factors for the court to take into account when determining the appropriate penalty. The Court quashed the decision of the local court and dismissed the charge (with a lengthy s10 bond) .
We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.
No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.
At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.
If you have been charged with any driving offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.
Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.