Drink Driving (DUI)

The following are the different types of Drink Driving charges in NSW.

• Novice (Zero alcohol reading 0.01-0.019);
• Special Range (over 0.02);
• Low Range PCA (0.05 – 0.079 reading);
• Mid-Range PCA (0.08 – 0.149 reading);
• High Range PCA (0.15 and above); or
• Refuse Breath Analysis

 

In Re: Application by Attorney-General (No. 3 of 2002) (2004) 61 NSWLR 305 the Court discussed factors that can aggravate the seriousness of the offence being:

• The degree of intoxication;
• Erratic or aggressive driving;
• Competitive driving or showing off;
• Length of the journey at which others are exposed to risk; and
• The number of persons put at risk by the driving (for example, passengers in the vehicle).

 

The Supreme Court also made the following observations:

• Prior good character is of less relevance because persons of otherwise good character often commit these offences;
• Nature of the driving: Once the vehicle is in motion the offence is more serious because of the risk of death or injury to others is increased;
• Involvement in a driver education program: This will have little impact on the appropriate sentence to be imposed with high range PCA, except in relation to the length of disqualification or the amount of a fine.

 

The Court said that offence is “so serious and the criminality…so high” that the participation in a program cannot be seen as an alternative to punishment. It will not warrant the making of a section 10 simply because the offender has participated in such a program.

In terms of the period of disqualification, the automatic period is not the maximum, but merely a default period that operates on conviction unless some other order is made. The disqualification period can be longer. There should be “sufficient and appropriate reasons for reducing the automatic period”.

There will almost invariably be hardship, or at least inconvenience, caused by disqualification for such a lengthy period.

 

The Supreme Court said an ordinary offender for the offence of high-range PCA is where:

• the offender drove to avoid personal inconvenience or because the offender did not believe that he or she was sufficiently affected by alcohol;
• the offender was detected by 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; and/or
• the offender would be significantly inconvenienced by loss of licence

 

Maximum/Possible Penalties

Drink driving penalties in NSW        First Major offence* within 5 years Offence Maximum fine Maximum jail Automatic disqualification  Minimum disqualification Novice range PCA  0.01 – 0.019 $1,100 Nil 6 months 3 months Special range PCA 0.02 – 0.049 $1,100 Nil 6 months 3 months Low range PCA  0.05 - 0.079 $1,100 Nil 6 months 3 months Mid-range PCA  0.08 - 0.149 $2,200 9 months 12 months 6 months High range PCA  over 0.150 $3,300 18 months 3 years 12 months Refuse breath analysis $3,300 18 months 3 years 12 months Wilfully alter blood concentration $3,300 18 months 3 years 12 months Refuse breath test $1,100 Nil 6 months Nil Driving under the influence (DUI) $2,200 9 months 12 months 6 months   Drink driving penalties in NSW Second Major offence* within 5 years Novice range PCA (0.00 – 0.019) 2200 Nil 12 months 6 months Novice range PCA (0.00 – 0.019) 2200 Nil 12 months 6 months Low range PCA ( 0.05 - 0.079 ) 2200 Nil 12 months 6 months Low range PCA ( 0.05 - 0.079 ) 2200 Nil 12 months 6 months High range PCA ( over 0.150 ) 5500 2 years 5 years 2 years Driving under the influence (DUI) 3300 12 months 3 years 12 months Refuse breath analysis 5500 2 years 5 years 2 years Wilfully alter blood concentration 5500 2 years 5 years 2 years Refuse breath test 1100 Nil     Wilfully alter blood concentration 5500 2 years 5 years 2 years   THE FOLLOWING OFFENCES WILL NOW ALSO ALWAYS RESULT IN A MANDATORY INTERLOCK ORDER: Offence Minimum time off the road Maximum time off the road Minimum time in interlock program   Novice Range, Special Range or Low Range (second offence) 1 months 3 months 12 months   Mid-Range (second offence) 6 months 9 months 24 months   High Range 6 months 9 months 24 months   High Range (second offence) 9 months 12 months 48 months   DUI (second offence) 6 months 9 months 24 months   Refuse/fail to provide sample 6 months 9 months 24 months   Refuse/fail to provide sample (second offence) 9 months 12 months 48 months     Major traffic offences include:   Refuse or fail to supply sample of urine or blood (fatal accident); Refusing or failing to submit to the taking of the sample of blood in accordance with the directions of a medical practitioner, registered nurse or prescribed sample taker; Failing or refusing to provide oral fluid sample; Failing to stop and assist following impact causing death or injury; Refuse sample of blood or urine or wilfully introduce or alter amount of drug in blood or urine; Drive under influence of alcohol or drug; Refuse breath analysis or wilfully alter concentration; Prevent medical practitioner or nurse from taking blood; Menacing Driving; A conviction of murder or manslaughter arising out of the use of motor vehicle; Negligent Driving causing death or grievous bodily harm; Driving recklessly, furiously or in a manner or speed dangerous to the public; Predatory driving, Involvement in a police pursuit, and failing to stop after an impact causing grievous bodily harm; and/or A conviction for wounding, causing actual bodily harm or inflicting grievous bodily harm arising out of the use of a motor vehicle;

Noting the Guideline Judgment in NSW, a court can impose any of the following penalties for a Drink driving charge of:

• Full time Imprisonment
• Intensive Correctional Order (ICO)  
• Community Correction Order (CCO)
• Conditional release Order (CRO); and/or
• Fine; and/or
• Period of Interlock; and/or
• Period of Disqualification; and/or

 

Defences

Some of the possible defences available for those charged with Drink Driving  can include:

• If your actions were necessary to prevent a greater harm from occurring, you may have the defence of Necessity.
• The "honest and reasonable mistake of fact" defence. This defence states that you are not guilty of a drink driving offence if, at the time of driving, you:

• Honestly believed that you were under the limit; and
• In the opinion of the court, it was reasonable for you to hold that belief in all of the circumstances of your case.

• If you think that your reading may be as high as it was because your drink has been spiked, that is also a scenario in which this defence can be used; and/or
• Despite the fact that the reading produced by a breath analysis machine at the station is deemed accurate, there may be a way to challenge that reading with respect to what it was at the time of driving. Often it may be necessary to seek the assistance of experts such a pharmacologist’s expert to challenge the reading.

 

CHOICES AT LAW OPTIONS

For Drink Driving, Rep-Revive Criminal Lawyers® offers the following options:

1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

•  We bring about excellent results

Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years. 

If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.