Expertise

Drink Driving

When your future depends on it – you need the best. That’s why we always have a criminal lawyer available 24/7 to help you. 

The key to our success is based on our fearless commitment to the cause of our client in each and every case that we undertake.

What do I do if I am caught drink driving?

Penalties and offences in relation to drink driving depend on the amount of alcohol in the accused’s system/blood. The penalty will also depend on whether the accused has previously been charged with a drink driving offence.

The legal limit for fully licenced drivers in NSW is 0.05g/100mL.

There are 5 categories of offences:

Novice range PCA – This applies to novice category drivers (including learner or provisional drivers, drivers with cancelled or suspended licences, unlicensed drivers and drivers with expired licences) with a blood alcohol concentration of more than zero grams but less than 0.02/100mL.

Special range PCA – This applies to special category drivers (including unlicensed drivers, learner or provisional drivers, drivers of public passenger vehicles, drivers of coaches, heavy motor vehicles or vehicles carrying dangerous goods) with a blood alcohol concentration of between 0.02 and 0.049g/100mL.

Low range PCA – This applies to drivers with a blood alcohol concentration of between 0.05 and 0.079g/100mL.

Mid range PCA – This applies to drivers with a blood alcohol concentration of between 0.08 and 0.149g/mL.

High range PCA – This applies to drivers with a blood alcohol concentration of over 0.15g/100mL.

If you are directed into a random breath test site, or have returned a positive reading be cooperative with police and do not try to leave the area until instructed.

Can I get off a drink driving charge?

Drink driving is a criminal offence and if you are convicted by the court of drink driving it will appear on your criminal record. However, depending on the circumstances, it is possible for the Court not to record a conviction under a CRO. It is in these situations you need an experienced lawyer to present all the subjective material required for consideration by the court to enable them to exercise that discretion.

It is very rare that a court will “exercise its discretion” in relation to readings above the low range. The maximum monetary penalties increase with the alcohol reading along with the penalties. For mid and high range offences, in addition to the monetary penalties, there is also an automatic loss of licence and alcohol interlock orders (for mid and high range offences).

A criminal conviction does not just affect your ability to drive for a period may have a serious impact on your future, especially in regional areas where there is little access to public transport.

At Kells, we help you prevent the criminal charges facing you from impacting your future. We are available 24/7, day or night, to help you. Call our criminal lawyer Patrick Schmidt on 0410 593 059.

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