Drink Driving Lawyers in Sydney and NSW

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Going to court for drink driving?

Call us to arrange a free first appointment and let one of our experienced drink driving defence lawyers provide you with accurate advice, advise you of your options and the best way forward, and fight for the optimal outcome.

Our firm has consistently achieved exceptional outcomes in drink driving cases for more than 20 years, with a dedicated team of specialist defence lawyers who will stand by your side during the process, take the required steps to place you in the best position before the court, and persuasively present your case before the magistrate.

Through our thorough knowledge and vast experience in the area, we are often able to ensure that our clients avoid criminal records and keep their driver licences in circumstances where other firms are unable to do so, which has led to multiple awards for outstanding service and exceptional results – including Criminal Defence Firm of the Year in Australia for several years running.

So, call us today on (02) 9261 8881 today and let our profession-leading team fight to protect your interests.

Free first appointment for drink driving cases

We offer a free first conference with an experienced, specialist traffic lawyer for anyone who is going to court over an allegation of drink driving.

And for your convenience, we have nine offices in the Sydney Metropolitan Area and beyond, including the Sydney CBD, Parramatta and Liverpool, and we offer conferences in person at our offices, over the phone as well as via Zoom.

Fixed fees for drink driving cases

For your financial peace of mind, we offer affordable fixed fees for all drink driving charges, and our fixed fee packages are published on our website – so you will know how much our services will cost from the very start.

Our fixed fee packages apply in courts throughout New South Wales, and include all conferences, all preparations including case-specific advice and guidance on character references, letter of apology, traffic offender programs and other supporting factors, and of course fighting for the optimal outcome in court.

Find a drink driving lawyer near you

We represent clients in drink driving cases in courts throughout New South Wales; from the Sydney CBD and metropolitan area, to the cities of Newcastle, Gosford and Wollongong, and towns from Bombala to Broken Hill to Byron Bay.

Click here to find our nearest office to your location.

We offer conferences at our nine office locations, as well as over the phone and via Zoom.

Drink driving offence categories

There are five different types of drink driving offences in New South Wales:

Novice Range Drink Driving

Novice range drink driving is where a learner or provisional driver licence holder is detected with a blood alcohol concentration of between 0.001 and 0.019.

If police believe you have committed this offence, they can issue you with a fine and a 3-month licence suspension, which you can appeal against.

If police choose to instead send you to court and you plead guilty or are found guilty, the ‘automatic period of disqualification’ is 6 months if you haven’t been convicted of another ‘major traffic offence’ within the previous 5 years.

However, the Magistrate can reduce that disqualification period to a ‘minimum’ of 3 months.

The maximum fine is $2,200.00.

If it is your 2nd or more major traffic offence within 5 years, the penalties are:

  1. 3-month disqualification which can be reduced to 1 month, followed by
  2. 12 months during which you must have an interlock device installed to your vehicle, and
  3. Maximum fine of $3,300.

It is important to be aware that if you plead guilty or are found guilty and the court is persuaded to deal with your case under a ‘non conviction order’, you will not be disqualified, you will not receive a fine and you will not have criminal conviction recorded against your name.

If you plead not guilty and the prosecution is unable to prove the offence beyond a reasonable doubt, or to disprove to the same standard that a legal defence applies – such as the defence of honest and reasonable mistake of fact – you must be found not guilty.

Special Range Drink Driving

Special range drink driving is where a learner or provisional driver licence holder is detected with a blood alcohol concentration of between 0.020 and 0.049.

If police believe you have committed this offence, they can issue you with a fine and a 3-month licence suspension, which you can appeal against.

If police choose to instead send you to court and you plead guilty or are found guilty, the ‘automatic period of disqualification’ is 6 months if you haven’t been convicted of another ‘major traffic offence’ within the previous 5 years.

However, the Magistrate can reduce that disqualification period to a ‘minimum’ of 3 months.

The maximum fine is $2,200.00.

If it is your 2nd or more major traffic offence within 5 years, the penalties are:

  1. 3-month disqualification which can be reduced to 1 month, followed by
  2. 12 months during which you must have an interlock device installed to your vehicle, and
  3. Maximum fine of $3,300.

It is important to be aware that if you plead guilty or are found guilty and the court is persuaded to deal with you under a ‘non conviction order’, you will not be disqualified, you will not receive a fine and you will not have criminal conviction recorded against your name.

If you plead not guilty and the prosecution is unable to prove the offence beyond a reasonable doubt, or to disprove to the same standard that a legal defence applies – such as the defence of honest and reasonable mistake of fact – you must be found not guilty.

Low Range Drink Driving

Low range drink driving is where a driver is detected with a blood alcohol concentration of between 0.05 and 0.079.

If police believe you have committed this offence, they can issue you with a fine and a 3-month licence suspension, which you can appeal against.

If police choose to instead send you to court and you plead guilty or are found guilty, the ‘automatic period of disqualification’ is 6 months if you haven’t been convicted of another ‘major traffic offence’ within the previous 5 years.

However, the Magistrate can reduce that disqualification period to a ‘minimum’ of 3 months.

The maximum fine is $2,200.00.

If it is your 2nd or more major traffic offence within 5 years, the penalties are:

  1. 3-month disqualification which can be reduced to 1 month, followed by
  2. 12 months during which you must have an interlock device installed to your vehicle, and
  3. Maximum fine of $3,300.

It is important to be aware that if you plead guilty or are found guilty and the court is persuaded to deal with your case under a ‘non conviction order’, you will not be disqualified, you will not receive a fine and you will not have criminal conviction recorded against your name.

If you plead not guilty and the prosecution is unable to prove the offence beyond a reasonable doubt, or to disprove to the same standard that a legal defence applies – such as the defence of honest and reasonable mistake of fact – you must be found not guilty.

Middle Range Drink Driving

Mid-range drink driving is where a driver is detected with a blood alcohol concentration of between 0.08 and 0.149.

If mid-range drink driving is your first major traffic offence within the past 5 years, the maximum penalties are:

  1. Up to 9 months in prison, and
  2. 6-month driver licence disqualification which can be reduced to 3 months, followed by:
  3. 12 months during which you must have an interlock device installed to your vehicle, and
  4. Fine of $2,200.

Alternatively, the court can ‘exempt’ you from the interlock requirement and impose maximum penalties of:

  1. Up to 9 months in prison,
  2. 12 month licence disqualification which can be reduced to 6 months, and
  3. Fine of $2,200.

If it is your second or more major traffic offence in the past 5 years, the maximum penalties are:

  1. Up to 12 months in prison,
  2. 9-month licence disqualification which can be reduced to 6 months, followed by:
  3. 24 months during which you must have an interlock device installed to your vehicle, and
  4. Fine of $3,300.

Alternatively, the court can ‘exempt’ you from the interlock requirement and impose maximum penalties of:

  1. Up to12 months in prison,
  2. 3-year licence disqualification which can be reduced to 12 months, and
  3. Fine of $3,300.

High Range Drink Driving

High range drink driving is where a driver is detected with a blood alcohol concentration of at least 0.15.

If high-range drink driving is your first major traffic offence within the past 5 years, the maximum penalties are:

  1. Up to 18 months in prison,
  2. 9 month driver licence disqualification which can be reduced to 6 months, followed by:
  3. 24 months during which you must have an interlock device installed to your vehicle, and
  4. Fine of $3,300.

Alternatively, the court can ‘exempt’ you from the interlock requirement and impose maximum penalties of:

  1. Up to 18 months in prison,
  2. 3 year licence disqualification which can be reduced to 12 months, and
  3. Fine of $3,300.

If it is your second or more major traffic offence in the past 5 years the maximum penalties are:

  1. Up to 2 years in prison,
  2. 12 month licence disqualification which can be reduced to 9 months, followed by:
  3. 48 months during which you must have an interlock device installed to your vehicle, and
  4. Fine of $5,500.

Alternatively, the court can ‘exempt’ you from the interlock requirement and impose maximum penalties of:

  1. Up to 2 years in prison,
  2. 5 year licence disqualification which can be reduced to 2 years, and
  3. Fine of $5,500.

 

Going to Court? (02) 9261 8881

Maximum penalties for drink driving in NSW

The maximum penalties that apply to drink driving offences in New South Wales are:

PCA Offence Penalties First Offence Second or subsequent offence
High range PCA
(Blood alcohol concentration of 0.15 or above)OR Refuse a breath analysis, hinder or obstruct taking of a blood sample, wilfully alter the concentration in the blood.
Maximum court

-imposed fine

$3,300 $5,500
Maximum gaol term 18 months 2 years
Minimum Disqualification 12 months 2 years
Maximum Disqualification Unlimited Unlimited
Automatic Disqualification* 3 years 5 years
Immediate licence suspension Yes Yes
Mid range PCA
(Blood alcohol concentration of 0.08 to less than 0.15)
Maximum court- imposed fine $2,200 $3,300
Maximum gaol term 9 months 12 months
Minimum Disqualification 6 months 12 months
Maximum Disqualification Unlimited Unlimited
Automatic Disqualification* 12 months 3 years
Immediate licence suspension Yes Yes
Low range PCA
(Blood alcohol concentration of 0.05 to less than 0.08)OR Novice range PCA
(Blood alcohol concentration over zero for novice drivers) OR Special range PCA
(Blood alcohol concentration over 0.02 for special category drivers)
Maximum court- imposed fine $2,200 $3,300
Maximum gaol term N/A N/A
Minimum Disqualification 3 months 6 months
Maximum Disqualification 6 months Unlimited
Automatic Disqualification* 6 months 12 months
Immediate licence suspension If dealt with by penalty notice If dealt with by penalty notice

 

Penalties imposed by the courts for drink driving in NSW

The Judicial Commission of New South Wales publishes statistics on the penalties imposed for specific offences in our state.

And while it does not record the lengths of driver disqualifications imposed for traffic offences, or specify whether it is the driver’s first or subsequent major traffic offence within 5 years, the Commission does provide a breakdown of other penalties imposed.

According to the Commission, the breakdown for those who plead or are found guilty of drink driving without additional offences (eg negligent or dangerous driving) is as follows:

Novice range drink driving

 Number of Cases  1,488
 Section 10 Dismissal  7%
Section 10 bond (now conditional release order without conviction)  33%
 Section 10A (+ disqualification)  1%
 Fine (+ disqualification)  58%
 Community Service Order (+ disqualification)  <1%
 Suspended Sentence (+ disqualification)  0%
 Intensive Correction Order (+ disqualification)  0%
 Periodic Detention (no longer applicable)  0%
 Home Detention (+ disqualification)  0%
 Prison (+ disqualification)  0%

Special range drink driving

Number of Cases  5,059
 Section 10 Dismissal  3%
Section 10 bond (now conditional release order without conviction)  23%
 Section 10A (+ disqualification)  1%
 Fine (+ disqualification)  72%
 Community Service Order (+ disqualification)  <1%
 Suspended Sentence (+ disqualification)  0%
 Intensive Correction Order (+ disqualification)  0%
 Periodic Detention (no longer applicable)  0%
 Home Detention (+ disqualification)  0%
 Prison (+ disqualification)  0%

Low range drink driving

Number of Cases  28,382
 Section 10 Dismissal  7%
 Section 10 bond (now conditional release order without conviction)  34%
 Section 10A (+ disqualification)  1%
 Fine (+ disqualification)  57%
 Community Service Order (+ disqualification)  <1%
 Suspended Sentence (+ disqualification)  0%
 Intensive Correction Order (+ disqualification)  0%
 Periodic Detention (no longer applicable)  0%
 Home Detention (+ disqualification)  0%
 Prison (+ disqualification)  0%

Mid range drink driving

Number of Cases  42,638
 Section 10 Dismissal  1%
 Section 10 bond (now conditional release order without conviction)  14%
 Section 10A (+ disqualification)  0%
 Fine (+ disqualification)  66%
 Section 9 bond ( +disqualification)  13%
 Community Service Order (+ disqualification)  0%
 Suspended Sentence (+ disqualification)  0%
 Periodic Detention (no longer applicable)  0%
 Home Detention (+ disqualification)  0%
 Prison (+ disqualification)  0%

High range drink driving

Number of Cases  15,447
 Section 10 Dismissal  0%
 Section 10 bond (now conditional release order without conviction)  2%
 Section 10A (+ disqualification)  0%
 Fine (+ disqualification)  41%
 Section 9 bond (now a community correction order)  29%
 Community Service Order (now part of intensive correction orders)  11%
 Suspended Sentence (replaced by intensive correction orders)  2%
 Periodic Detention (no longer applicable)  2%
 Home Detention (now part of intensive correction orders)  1%
 Prison (+ disqualification)  5%

 

Pleading not guilty to drink driving

There are several procedural hurdles the prosecution is required to overcome to prove a drink driving charge to the required standard, which is beyond a reasonable doubt.

These requirements are additional to proving that the person was driving a motor vehicle at the time of the alleged offence and had a certain blood alcohol concentration.

In addition to this, there are a number of legal defences that apply to drink driving charges.

In the event any of these defences is raised, the onus then shifts to the prosecution to prove that the defence does not apply.

Here is an outline of the ways to defeat an allegation of drink driving:

Unsafe Reading

The most common way to overcome a charge of drink driving is to press the prosecution for proof that the driver’s blood alcohol concentration could have been lower at the time of driving than later when analysed by police.

Studies make it clear that a person’s blood alcohol concentration rises for between 30 minutes and 1 hour after their last alcoholic drink.

This means, for example, that if someone has a few ‘quick drinks’ and gets ‘behind the wheel’ their blood alcohol concentration may be significantly lower when driving than 30 minutes or an hour later when tested on the ‘breath analysis’ machine.

Several factors can determine whether a driver’s reading when driving was likely to be lower than when tested.

These factors include:

  • age, sex and weight,
  • when and what food was consumed,
  • number and type of alcoholic drinks,
  • time of first and last drink,
  • time of ‘roadside breath test’, and
  • time of ‘breath analysis’.

We can assess whether your blood alcohol concentration may have been lower at the time of driving than later when analysed.

If this is a possibility, we can obtain a ‘pharmacological report’ that can be used to:

  • request withdrawal of the charge;
  • request reduction of the charge-type, eg from ‘mid range PCA’ to ‘low range PCA’, and/or
  • to defend the charge at a hearing.

The ‘Two-Hour’ Rule

Police are not permitted to breath test a person more than 2 hours after the person last drove.
If they do so, the evidence can be excluded by the court on the basis it was unlawfully obtained.

If it appears that police may have broken this rule, we will demand that the charge be withdrawn on that basis.

If police nevertheless proceed with the case, we will fight to have the evidence excluded and costs awarded in your favour.

The ‘Home Safely’ Rule

Similarly, it is illegal for police to require a person to undergo a breath test on his or her own property.

If they do so, the evidence can be excluded by the court.

Legal defences

In addition to these requirements placed on the prosecution, there are also several legal defence that may be available to charges of drink driving.

These include:

Honest and Reasonable Mistake

This defence is available to persons who ‘honestly and reasonably’ believed they were under the limit when driving.

It is often easy to prove that a person’s mistake was ‘honest’.

However, it is becoming more and more difficult to prove that it was ‘reasonable’.

This is because there is so much advertising about not ‘drinking and driving’ at all.

However, there are a range of circumstances where the defence is available, including where a person’s drink was ‘spiked’ and they believed they were fatigued rather than affected by alcohol, and limited situations where a significant amount of time has elapsed since the last drink, such as where a person drove ‘the afternoon after’ drinking.

Duress

Duress is essentially where you drove due to being threatened with very serious harm, in circumstances where you have very little choice than to do otherwise.

If there is evidence of this defence, the onus then shifts to the prosecution to disprove this defence beyond a reasonable doubt.

Necessity

Necessity is where you drove to avoid very serious consequences to you or another person you were bound to protect.

If there is evidence of this defence, the onus then shifts to the prosecution to disprove this defence beyond a reasonable doubt.

Pleading guilty to drink driving

If you wish to plead guilty to a drink driving charge, there are a number of ways a good lawyer can reduce the seriousness of the charge itself as well as help you demonstrate to the magistrate that you have accepted responsibility for the offence and, where appropriate, taken steps to address any underlying issues.

These steps can result in a more lenient penalty than you may otherwise have achieved – including, again where appropriate, a ‘non-conviction order’ such as a section 10 dismissal or a conditional release order without a conviction.

A non-conviction order is where a person is guilty of an offence but the magistrate does not record a criminal conviction against his or her name, which means you will not have a criminal record, a driver licence disqualification or a fine.

Unsafe reading

Where you blood alcohol reading is on or just over a certain range – such as mid range of 0.80 or high range of 0.150 – your lawyer may be able to obtain a pharmacological report to establish that your reading was actually lower at the time of driving than later when your breath was analysed at the police station.

How does this make sense? Studies show that a person’s blood alcohol increases for 30 minutes to an hour after their last drink, especially where those drinks are consumed within a short period of time.

This means, for example, that a person who was pulled over a short time after their last drink but was only analysed at the police station some time thereafter may have been below the analysed concentration when they had actually been driving.

An experienced drink driving lawyer will be able to assess during your first conference whether this may have been the case and, if so, obtain a pharmacological report which can then be used to pressure police to reduce the reading – which, in turn, can have an enormous impact on the outcome.

Traffic offender program

Completing a traffic offender program can demonstrate your acceptance of responsibility for your conduct and help to convince the magistrate you are unlikely to reoffend.

This can result in a more lenient penalty by giving the court confidence regarding your character, contrition and unlikelihood of reoffending.

Your lawyer can refer you to a program that is convenient to you, both in terms of location and duration/intensity.

Counselling / psychological report

If an underlying mental health issue may have been a contributing factor to your decision to drive, seeing and obtaining a report from a mental health professional may show the magistrate you have taken steps to address that issue and are therefore less likely to re-offend.

Where there is a significant nexus between your decision to drive and your condition, it may be advisable to make an application to have the matter entirely dismissed on that basis. This is known as a ‘section 14 application’ (previously known as a ‘section 32 application’) and, if successful, will mean there is no formal finding of guilt against you, no criminal record, no disqualification and no fine.

Your lawyer can refer you to the mental health professional who is most suitable to your situation.

Letter of apology to the court

Writing a letter of apology to the court can demonstrate your acceptance of responsibility and remorse, as well as explain the background to your conduct, your steps to make amends and the impact of a criminal conviction and/or licence disqualification upon you – all in your own words.

https://www.sydneycriminallawyers.com.au/criminal/resources/letters-of-apology/

We have a letter of apology guide to assist you in preparing the document, and your lawyer will go through the document to ensure everything is suitable to hand-up in court.

Character references

Obtaining up to three character references from those who are important in your life can demonstrate to the court that not only have you personally accepted responsibility, but have gone so far as to admit your conduct to those you respect and who may have an influence over you – such as colleagues, employers and long-time friends and associates.

This can persuade the court you are genuinely remorseful and thereby help lead to a positive outcome in your case.

We have a character reference guide to assist your ‘referees’ in the preparation of the documents, and your lawyer can check over them to ensure they are appropriate to be used in court.

Fighting for the optimal outcome

Armed with this material, as well as your detailed ‘instructions’ (information about you as well as the background to the incident, the incident itself, your reasons for driving at the time, your subsequent actions and the potential impact of a heavy penalty) your lawyer’s job will be to persuade the magistrate in court to deal with you as leniently as possible in the circumstances.

An experienced drink driving lawyer will have done this hundreds of times, and will tailor his or her ‘submissions’ (what is said in court) to the particular set of circumstances as well as the magistrate he or she is before, with a view to achieving the optimal outcome in your case.

Free first conference, fixed fees, specialist experience

For your peace of mind, we offer a free first conference as well as fixed fees for drink driving cases throughout New South Wales.

We also guarantee you will be represented by a specialist defence lawyer who is vastly experienced in drink driving cases.

'Guideline Judgement' on High Range Drink Driving

On 8th September 2004, the NSW Court of Criminal Appeal – which is the highest criminal court in our state – handed-down a ‘guideline judgement’ on high range drink driving.

A ‘guideline judgement’ is a set of rules that courts should generally follow when sentencing a person for a particular offence.

The ‘guideline’ for ‘high range drink driving’ is as follows:

The Guideline

(1) In an ‘ordinary case’ of an offence of high range PCA:

  • a non conviction order such as a section 10 dismissal or conditional release order will rarely be appropriate,
  • a conviction cannot be avoided only because the offender has attended, or will attend, a driver education or awareness course,
  • the automatic disqualification will be appropriate unless there is a good reason to reduce the period of disqualification.

A ‘good reason’ to reduce the automatic period may include:

  • the nature of the offender’s employment,
  • the absence of any viable alternative transport, and
  • sickness or infirmity of the offender or another person.

(2) In an ordinary case of a second or subsequent high range PCA offence:

  • a good behaviour bond under ‘section 9’ (with a conviction) will rarely be enough punishment,
  • a non conviction order such as a section 10 dismissal or conditional release order will very rarely be appropriate, and
  • where the prior offence was a high range PCA, any sentence less severe than a community service order will generally be enough punishment.

(3) The ‘moral culpability’ of a high range PCA offender is increased by:

  • the degree of intoxication above 0.15,
  • erratic or aggressive driving,
  • a collision,
  • competitive driving or showing off,
  • the length of the journey,
  • the number of persons put at risk by the driving.

(4) In a case where the moral culpability of a high range PCA offender is increased:

  • an order under sections 9 or a non conviction order would very rarely be appropriate,
  • where more than one aggravating factor is present to a significant degree, a sentence less than prison of some kind, including a suspended sentence, would generally be inappropriate.

(5) In a case where the moral culpability of the offender of a second or subsequent high range PCA is increased:

  • a sentence of any less severity than imprisonment of some kind would generally be inappropriate,
  • where more than one aggravating factor is present to a significant degree or where the prior offence is a high range PCA, a sentence less severe than full time imprisonment would generally be inappropriate.

What is an ‘Ordinary Case’?

An ‘ordinary’ high range drink driving case is where:

  • there was a random breath test,
  • the offender has prior good character,
  • the offender has nil, or a minor, traffic record,
  • the offender’s licence was suspended on detection,
  • the offender pleaded guilty,
  • there is little or no risk of re-offending,
  • the offender would be significantly inconvenienced by a loss of licence.

The guideline makes it clear that the following factors may justify leniency:

  • strong need for a licence,
  • completing a traffic offender program,
  • driving that occurred due to an emergency or safety or another unforeseen reason, rather than for convenience.

Drink Driving FAQs

Is drink driving a criminal offence in Australia?

Yes. Drink driving is considered a criminal offence both in New South Wales and across other parts of Australia.

This means a driver will have a criminal conviction entered onto their record if he or she is convicted of drink driving before a court.

Does drink driving lead to a criminal record?

Drink driving leads to a criminal record if you are convicted of the offence in court.

A penalty notice (on the spot fine and 3 month disqualification) for novice range, special range or low range drink driving does not lead to a criminal record unless you elect (choose) to take the matter to court and are convicted.

You will not receive a criminal record if the court sees fit to deal with you by way of a ‘non conviction order’ such as a section 10 dismissal or conditional release order without conviction. If the court is persuaded to do this, you will also avoid a fine and licence disqualification.

What is the maximum penalty for drink driving?

The maximum penalties for drink driving are as follows:

Drink Driving Offence  Penalties

(Where exempted from interlock requirement)

 1st Offence  2 + Major traffic offence within the previous 5 years
High Range PCA  Maximum Fine  $3,300  $5,500
 Maximum Prison Sentence  18 months  2 years
 Automatic Disqualification  3 years  5 years
 Minimum Disqualification  12 months  2 years
 Maximum Disqualification  unlimited  unlimited
Mid Range PCA  Maximum Fine  $2,200  $3,300
 Maximum Prison Sentence  9 months  12 months
 Automatic Disqualification  12 months  3 years
 Minimum Disqualification  6 months  12 months
 Maximum Disqualification  unlimited  unlimited
Low / Novice / Special Range PCA  Maximum Fine  $2,200  $3,300
 Maximum Prison Sentence  NIL  NIL
 Automatic Disqualification  6 months  12 months
 Minimum Disqualification  3 months  6 months
 Maximum Disqualification  6 months  unlimited

How long will I lose my licence for drink driving?

If you receive a penalty notice for novice range, special range or low range drink driving and don’t elect (choose) to take the matter to court to appeal for a ‘non conviction order’, you will be suspended from driving for 3 months.

You won’t be suspended if you elect to take the matter to court and are able to persuade the magistrate to deal with you by way of a non conviction order, such as a section 10 dismissal or conditional release order without conviction.

Mid range drink driving

If you are going to court for mid range drink driving and it is your first major traffic offence within the previous 5 years, and a conviction is recorded against your name, your licence will normally be disqualified for between 3 and 6 months, after which you will need to have an alcohol interlock device (a breath testing device) installed into your vehicle for 12 months.

If you are exempted from the interlock requirement, the disqualification will normally between 6 and 12 months.

If it is your second or more major traffic offence within the previous 5 years, and you are convicted in court, you will normally be disqualified for between 6 and 9 months, after which a 24 month interlock period will apply.

If you are exempted from the interlock requirement, the disqualification will normally be between 12 months and 3 years.

High range drink driving

If you are going to court for high range drink driving and it is your first major traffic offence within the previous 5 years, and a conviction is recorded against your name, your licence will normally be disqualified for between 6 and 9 months, after which you will need to have an alcohol interlock device installed into your vehicle for 24 months.

If you are exempted from the interlock requirement, the disqualification will normally be between 12 months and 3 years.

If it is your second or more major traffic offence within the previous 5 years, and you are convicted in court, you will normally be disqualified for between 9 and 12 months, after which a 48 month interlock period will apply.

If you are exempted from the interlock requirement, the disqualification will normally be between 2 and 5 years.

What is a ‘major traffic offence’?

The following offences are considered to be ‘major traffic offences’ in New South Wales:

  • Any offence involving death or bodily harm to another person caused by or arising out of the use of a motor vehicle, including murder, manslaughter, intentionally or recklessly wounding or causing grievous bodily harm (sections 33 and 35 of the Crimes Act), furious driving (section 53) and causing grievous bodily harm (section 54)
  • Predatory driving (section 51A), police pursuit (section 51B) and failing to stop and assist after impact causing death or grievous bodily harm (section 52AB),
  • Drink driving (section 110 Road Transport Act),
  • Drug driving (section 111),
  • Combined alcohol and drug driving (section 111A),
  • Driving under the influence (section 112),
  • Negligent driving occasioning death or grievous bodily harm (section 117(1)),
  • Driving furiously, recklessly or at a speed or in a manner dangerous (section 117(2)),
  • Menacing driving (section 118),
  • Failing to stop to assist after impact causing injury or death (section 146),
  • Refusing to submit to a breath analysis (clause 16(1)(b) of Schedule 3),
  • Refusing or failing to provide a blood, oral fluid or urine sample (clause 17 of Schedule 3),
  • Wilfully introducing amount or altering concentration of alcohol or other drugs (clause 18 of Schedule 3), or

Aiding, abetting, counselling or procuring the commission of, or being an accessory before the fact to any of the above.

What is a ‘non conviction order’?

A non conviction order is where you plead ‘guilty’ (or are found ‘guilty’) but the magistrate chooses not to disqualify you from driving or to give you a criminal conviction.

The magistrate will usually only do this if you are of good character, are remorseful, are unlikely to reoffend, have a very strong need for your licence and where it is justified by the circumstances of the case.

To prove this to the magistrate, we will suggest that you obtain up to 3 character references from people who have known you for some time eg employers, former employers, long-time friends. Our character reference guide can assist you with this.

It will help if at least one of those references is from a work colleague or someone who can outline the importance of your licence for work.

We may also ask you to write a letter of apology to the court, and our apology letter guide can assist you with this.

We may further advise you to undertake a ‘traffic offender program’, which can help persuade the magistrate to treat you leniently.

We will do everything possible to obtain the best result in your particular case, and we are proud to often get non conviction orders where other criminal lawyers are unable to do so (see our traffic results page).

Can I get a ‘section 10’ for drink driving?

The courts have made clear that non conviction orders such as ‘section 10s’ are available for all criminal offences, including drink driving.

However, your chances of getting a section 10 will depend on a range of factors including the category of drink driving offence you are charged with, whether it is your first or your second or subsequent major traffic offence within the past 5 years, your actual blood alcohol reading, the circumstances of the offence, your demonstrated remorse (including completing a traffic offender program, providing a letter of apology to the court and obtaining character references), the factors contributing to the offence, the impact of a licence disqualification and/or criminal record and any other relevant matters.

What does PCA mean?

The letter P.C.A. stand for prescribed concentration of alcohol, which essentially means prohibited concentration of alcohol.

Your penalty notice or court attendance notice will specify the prescribed category you are accused of ie novice, special, low, middle or high range prescribed concentration of alcohol.

What is the difference between ‘minimum’ and ‘automatic’ licence disqualification period?

The ‘automatic period of disqualification’ is the period you will normally be disqualified for a particular drink driving offence,

The ‘minimum period of disqualification’ is the shortest possible time that you can be disqualified if you are convicted of the offence.

However, you will not be disqualified at all if the magistrate chooses to deal with you under a ‘non conviction order’.

What is the difference between drink driving and DUI?

There are two broad categories of drink driving offences in New South Wales: driving with a prescribed concentration of alcohol (ie novice, special, low, middle or high range p.c.a.) and driving under the influence (or D.U.I.).

The most frequently charged offence is P.C.A., which is where you are tested at the roadside and later at the police station and return a blood alcohol concentration above that which is allowed by the law.

By contrast, driving under the influence or D.U.I. is a charge brought when police have not, for whatever reason, been able to lawfully test your blood alcohol concentration. A D.U.I. is normally more difficult for the police to establish than a P.C.A. because they must prove beyond a reasonable doubt you were actually affected by alcohol or another drug at the time of driving in the absence of a blood alcohol reading. To do this, police will normally rely on factors such as your manner of driving, your demeanour and anything else which may suggest you were affected at the time of driving.

Will my driver licence disqualification be backdated?

Yes. If you are convicted in court for a drink driving offence, your disqualification will be backdated to commence on the date you received a driver licence suspension from the police.

Can I appeal against my drink driving ban?

Yes. Whether you are given a penalty notice (also known as a fine) and an on-the-spot 3 month driver licence suspension for novice range, special range or low range drink driving, or a court attendance notice for mid range or high range drink driving, you can appeal to the Local Court for what’s known as a ‘non-conviction order’ which, if granted, means you will not have a licence disqualification (aka a drink driving ban) or be given a fine.

If you are given a court attendance and are not able to achieve a non-conviction order in the local court, you have a right to appeal the decision to the district court.

This is known as a ‘severity appeal’.

Your lawyer will be able to advise you on the prospects of successfully appealing your drink driving ban.

What is a habitual traffic offender?

If you are convicted of 3 or more ‘major traffic offences’ (including ‘drink driving’) within a 5 year period, you will normally be declared a ‘habitual traffic offender’.

This means that the Roads and Maritime Services (formerly the ‘RTA’) will automatically add 5 years to the period of disqualification imposed by the court.

If you are in danger of being declared a habitual offender, Sydney Criminal Lawyers® will work to persuade the Magistrate to ‘quash’ that declaration, so that the ‘RMS’ cannot impose the additional disqualification period.

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

    Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.

    Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.

    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

    We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

    We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

    The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.

  4. Fixed Fees

    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

    We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

    Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

    We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

  6. Specialist Lawyer Guarantee

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

    This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.

  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

    Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.

    Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.

  9. Results-Focused Law Firm

    Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

    The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.

    Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.

    No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.

    The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.

  10. Team of Lawyers Behind You

    Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.

    Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.

    A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.

    In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.

  11. Familiar with Magistrates and Judges

    Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.

    Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.

  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

Going to Court? (02) 9261 8881

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