Drink Driving

Drink Driving is a criminal offence in NSW under Section 110 of the Road Transport Act 2013.

The applicable penalties vary depending on:

1. Your blood alcohol concentration (BAC), which may fall into:
   • The low range – 0.05-0.079
   • The mid range – 0.08-0.149 or
   • The high range – 0.150 or higher and
2. Whether it is your first or subsequent ‘major traffic offence’ within 5 years.

Honest and reasonable mistake of fact is a defence to a drink driving charge.

If you wish to plead guilty, you may be able to avoid a criminal conviction, a licence disqualification and a fine by persuading the magistrate to grant a Section 10(1)(A) Dismissal, or a Non-Conviction Conditional Release Order.

You can maximise your chances of achieving a lenient outcome by:

1. Obtaining Character References
2. Writing a Letter of Apology to the court, and
3. Completing a Traffic Offender Program