Understanding Sentences for Drink Driving Offences in NSW: A Comprehensive Guide

While drink driving remains a significant issue on roads across New South Wales (NSW), we are here to help navigate you through the consequences and sentence options available if you have found yourself charged with a drink driving offence.

In NSW, drink driving offences are categorised based on blood alcohol concentration (BAC) levels and prior convictions.

Low Range, Special or Novice

If you commit a low, special or novice range drink driving offence, NSW Police can immediately suspend your licence as well as issue you with an on-the-spot fine.

Low Range Prescribed Concentration of Alcohol (PCA) applies to drivers with a BAC of 0.05 to 0.079.

Novice range PCA applies to a learner or provisional driver with a BAC above zero.

Special range PCA applies to a special category driver with a BAC limit over 0.02.

These offence is set out in  s110(1), (2) and (3) of  the Road Transport Act 2013.

If you have been charged with a low range, novice or special drink driving offence and it is your first offence, then penalties will include:

• Automatic disqualification period of 6 months
• Penalty notice of $682
• Immediate suspension of licence

Should you choose to go to court to appeal your suspension, a court may order a shorter period of disqualification to 3 months. However, the court then has the power to issue a fine of up to $2,200. [2]

Mid Range PCA (BAC 0.08 – 0.149)

A mid range drink driving offence is one committed by a person driving a motor vehicle on a public road with a BAC between 0.08 and 0.149. The offence is set out in  s110(4) of the Road Transport Act 2013.

If you are convicted of mid-range drink driving, you will be required to undertake the Alcohol Interlock Program for at least 12 months, unless you are granted an exemption.

First offence mid-range drink driving offences may be subject to:

• Automatic disqualification of 12 months
• Immediate licence suspension
• Minimum disqualification period of a licence is 6 months
• Fine of up to $2,200 or imprisonment for 9 months
• Mandatory interlock order
• Court attendance
• Criminal conviction

In some circumstances, the Court may order a disqualification period of 3 months, subject to a mandatory interlock period.

High Range PCA (BAC 0.15 and above)

First offence high range PCA penalties are a result of being found guilty of a drink driving offence where a BAC is recorded at above 0.015. This is set out in s110(5) Road Transport Act 2013.

The penalties for high range drink driving include:

• Maximum court-imposed fine of $3,300
• Maximum prison term of 18 months
• Automatic disqualification of 3 years
• Minimum disqualification of 12 months
• Immediate licence suspension
• Mandatory interlock order
• Court attendance
• Criminal conviction

Aggravating Factors

There are certain factors that can increase the severity of the penalties outlined above.

The main factor is if the offence is a second or subsequent offence. Generally, fines, disqualification periods and prison term penalties are doubled for each offence.

If, at the time of the conviction or during the period of 5 years before the conviction, the convicted person has been convicted of one or more major offences, the offence will be considered a second or subsequent offence.

Other aggravating factors that the Court will take into consideration at sentencing include:

• Accidents Involving Injury or Damage. If an accident occurs while under the influence, penalties can escalate significantly.
• Presence of Children. Offenders driving with minors in the vehicle may face harsher penalties.
• Refusing a Breath Test. Refusing to take a breath or blood test is treated very seriously, often attracting penalties similar to high-range PCA offences.
• Driving record. The Court will take into consideration all previous infringements or offences.

Mitigating Factors

In the same way that the court considers aggravating circumstances when handing down a sentence for drink driving offences, the court will also consider mitigating circumstances.

Mitigating circumstances refer to factors that can be considered to lessen the severity of a sentence given for the offence. For the best possible sentencing outcome, it is imperative you speak with a lawyer who can discuss the possible mitigating circumstances surrounding your offence and can make submissions on your behalf to persuade the court to lessen the sentence you receive. If you are located in Sydney, Legal One Lawyers in Sydney can assist you.

Some of the mitigating factors a court may consider when determining the sentence of a drink driving offence include:

• If there is no ‘substantial’ emotional harm, loss, or damage caused by the offence
• Your good character
• The unlikeliness of reoffending
• If the court considered there are good prospects of rehabilitation
• How remorseful the offender is and if they have accepted responsibility for heir actions

Consequences Beyond Legal Penalties

The implications of drink driving extend beyond fines, license disqualifications, and imprisonment. You should also consider the other effects of a drink driving charge, such as:

• Insurance Costs: Offenders may see their insurance premiums increase significantly. This is because insurance companies tend to associate drink driving with a heightened risk of a further road incident. For example, major insurers will take an applicant’s ‘claims history’ into account when calculating car insurance premiums.
• Employment Impacts: Certain professions may be jeopardised by a drink driving conviction, especially those requiring a clean driving record. This may impact professions such as law enforcement and the legal profession. Also, when applying for a job, many employers may ask for a job applicant to disclose any criminal history. A drink-driving offence on one’s criminal history may negate their chances of being hired. Therefore, It’s essential to seek advice from a criminal lawyer in Sydney to understand how your criminal record could affect your future prospects.
• Personal Consequences: The stigma surrounding drink-driving offences is often substantial. This can be overwhelming for drink-driving offenders, and lead to loss of friendships, deterioration of relationships, and increasing mental strain which may result in mental illness.

Preventive Measures and Support

To combat drink driving, the NSW government has implemented various initiatives:

• Random Breath Testing (RBT): Police conduct random breath testing on NSW roads to deter drink driving. This testing involves the police pulling over a driver and testing their BAC using a Breathalyzer. This is done in an attempt to have NSW road users ensure that they are below the alcohol limit when driving and used as a preventive measure to decrease road incidents.
• Community Education: the NSW government has funded and endorsed numerous campaigns geared towards providing educational drink driving information to road users. Some of these campaigns include marketing initiatives aimed at raising awareness about the dangers of drink driving. Some common examples of these initiatives are the ‘Towards Zero’ campaign, the ‘Plan B’ campaign, and the ‘Stop it or Cop it’ campaign.
• Support Services: In NSW, there are a variety of support services aimed at providing resources for those struggling with alcohol misuse. For example, the NSW government offer a state-sponsored hotline for alcohol use and misuse, the ‘Alcohol and Other Drugs Information Service (ADIS).[15] Other NGOs, private institutes, and non-profit organisations such as SMART Recovery Australia also offer support services for managing alcohol misuse.

Drink driving offences in NSW carry significant penalties designed to deter dangerous behaviour and promote road safety. Understanding the legal consequences is crucial for drivers to make informed decisions. If you find yourself in a situation involving alcohol and driving, consider alternatives like public transport, rideshare services, or designated drivers.

If you’re facing drink driving charges in NSW, Legal One provides essential legal services and advice by a criminal lawyer in Bankstown, Blacktown, Burwood, Fairfield, Liverpool, or Parramatta, serving clients across these areas.

[1] ‘Marketing campaigns’, Transport For NSW (Web Page, 2024) https://www.transport.nsw.gov.au/roadsafety/resources/marketing-campaigns

[1] ‘Contact information, support and treatment services’, NSW Health (Web Page, 19 June 2024) https://www.health.nsw.gov.au/aod/Pages/contact-service.aspx [1] ‘Support and Help for Addiction’, SMART RecoveryAustralia (Web Page, 2024) https://smartrecoveryaustralia.com.au/support-for-addiction

If you have found yourself charged with a drink driving offence, book in a time to discuss your matter with one of our experienced solicitors today.

Information contained in this article is current as of 3 October 2024

– Written by Tiana Nicola