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:
- 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
- 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:
- Obtaining Character References
- Writing a Letter of Apology to the court, and
- Completing a Traffic Offender Program
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