Drink driving is one of the most common driving offences in Australia and it is a serious offence. A person commits it when they drive a motor vehicle with an excess amount of alcohol in their blood.
If a police officer catches you and gives you a drink driving charge, you can face serious legal consequences. It includes loss of licence, disqualification, and even a conviction or imprisonment. It is closely related to drug driving offences. In NSW, the Road Transport Act 2013 deals with laws related to drink driving.
How Much Can I Drink?
It is crucial to note that the question "how much can I drink before driving" is very different from "how much can I drink when driving".
It is illegal to drink alcohol while driving. Such offence is driving under the influence (DUI). This doesn't require a specific blood alcohol limit or blood alcohol concentration (BAC) percentage. Officers can take breath sample using breath test to determine BAC.
For drink driving, the legal limit depends on your licence type/class in NSW. For example it may be different for learner driver, commercial drivers, full licence holders, or otherwise. It is illegal to drive if you are at, or above the threshold level or general alcohol limit prescribed for your licence type.
What Are the Levels of Drink Driving Offences?
Section 110 of the Road Transport Act of 2013 lists 5 levels of drink driving along with the prescribed penalties. These levels include the following:
1. Novice Range
The novice range covers drivers with a blood alcohol concentration between 0.001 and 0.019. They can be a learner, provisional or interlock licence holder.
A first time offender may face automatic disqualification for up to 6 months and a minimum disqualification period of 3 months. There is no mandatory interlock program (a program that aims to reduce future instances of drink driving in NSW) for the offenders.
For secondary or subsequent offenders, they may face a maximum disqualification period of up to 12 months and a minimum disqualification period of 6 months. The mandatory interlock program is 3 months, and the minimum period is 1 month.
2. Special Range
If the driver's alcohol content in the blood values between 0.02 and 0.49, while they are learners or interlock licence holders, it falls in the Special Range category.
Penalties for first time offenders include a fine up to $2200 and an automatic disqualification for up to 6 months, with a minimum disqualification period of 3 months.
For second or subsequent offenders, a fine up to $3300 and an automatic disqualification for up to 12 months, with a minimum disqualification period of 6 months.
3. Low-range Offence
Low range is when a driver drives a vehicle with a blood alcohol concentration level between 0.05 and 0.079.
For first time offenders, a maximum fine of up to $2200 can be imposed as well as an automatic disqualification for up to 6 months, with a minimum disqualification period of 3 months. There is no mandatory interlock program.
For second or subsequent offenders, a maximum fine of up to $3300 as well as an automatic disqualification for up to 12 months, with a minimum disqualification period of 6 months may be imposed. The mandatory interlock program applies.
4. Mid-range
A driver caught with a blood alcohol concentration between 0.08 and 0.149 falls under the mid-range level.
First time offenders can face a fine of up to $2200 and face an automatic disqualification for up to 12 months, with a minimum disqualification period of 6 months. They can also incur a maximum interlock disqualification program of 6 months, with a minimum of 3 months. This offence may lead to sentencing of up to 9 months' imprisonment.
For second or subsequent offenders, they can face a maximum penalty of up to $3300 and an automatic disqualification for up to 3 years, with a minimum disqualification period of 12 months.
They can also incur a maximum interlock disqualification of 9 months, with a minimum of 6 months. This can lead to sentencing of up to 12 months' imprisonment.
5. High-range
A person driving a vehicle with a blood alcohol concentration of 0.15 falls under this category.
First time offenders can face a maximum penalty fine of $3300 and sentencing of up to 18 months' imprisonment. The offender can also face a mandatory interlock program, unless granted an exemption. The offender can also get the following:
- A conviction recorded in your police check for the offence,
- An automatic disqualification of a maximum of 3 years, and a minimum of 12 months, and
- An interlock disqualification of a maximum of 9 months and a minimum of 6 months.
For second or subsequent offences, they can face a maximum penalty fine of $5500 and sentencing of up to 24 months' imprisonment.
The offender can also be subjected to a mandatory interlock program, unless granted an exemption. The offender can also get the following:
- Get a conviction recorded in their criminal history for the offence
- An automatic driving disqualification of a maximum of 5 years, and a minimum of 2 years
- An interlock driving disqualification of a maximum of 12 months and a minimum of 9 months
- A criminal conviction will be recorded in your Police/Criminal records. For example, when applying for a police check.
Driving Under Influence (DUI)
A person driving a vehicle under the influence of alcohol or other drugs is punished under Section 112 of the Road Transport Act 2013.
First time offenders can face a fine of up to $3300 or 18 months' imprisonment, or both. They will also be disqualified from driving for a period of between 12 months to 3 years (or for a period of between 6 months and 9 months with an alcohol interlock period of 24 months).
For second or subsequent offences, the person can face a fine of up to $5500 or 2 years' imprisonment, or both. They will be disqualified from driving for between 2 to 5 years (or for between 9 months and 12 months with an alcohol interlock period of 24 months).
In drug-related driving offences, a party can raise a defence stating that the drug is for medicinal purposes.
What Happens If I Get Caught?
Drink driving in all levels is considered a criminal offence which can result in a criminal conviction or drink driving penalties.
There are different drink driving offences and punishments. Authorities take into account the alcohol level, related offences in the pas among other things to determine the type of punishment. It will also be another offence if you refuse to take a breath test.
A person caught drink driving may have their licences suspended immediately or may even have to make separate arrangements to get to their destination. Violators can also expect drink driving records to appear on police check certificates.
At present, a court does not necessarily have to summon a party to give a fine for this offence. The offender can receive punishment on the spot depending on the severity of their condition.
Seeking Legal Advice
Perhaps you are facing a drink driving offence and are uncertain on how to approach the matter. Maybe you are repeat offenders and need urgent legal advice on drug driving offence. Whether you are in South Australia, New South Wales, Western Australia, or any other state, we can give you advice on drink driving matters.
JB Solicitors has a team of experienced lawyers that can provide you with the best legal services. We can assess the circumstances of your case, advise you on the best way to present your defences, and answer any queries you may have.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.