Expertise

Drink Driving

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Criminal Law Specialists


Experts in all criminal matters including cases involving drink driving, sexual assault, firearms possession, theft and fraud, murder and manslaughter, and more.

24/7 Criminal Law Advice


We are available across Sydney and the Illawarra region 24 hours a day, 7 days a week to advise you on your case — and our first consultation is free!

Top-Tier Team


Our criminal law team is guided by a former police officer and senior police prosecutor with unrivalled knowledge of court procedures.

Extensive Experience


With many years of experience in courtrooms, we run a majority of our summary matters without the costly alternative of briefing barristers.

Here To Help

Have you recently been charged with a drink driving offence in New South Wales? At Kells, our experienced criminal law team understands the seriousness of these charges and the potential impact they can have on your life. Let us guide you through this difficult time and provide you with the representation you need to defend your rights and interests.

Crime


Area of Expertise

How Can Our Criminal Lawyers Help?

When a person in New South Wales is caught driving under the influence of alcohol, it is a criminal offence known as ‘drink driving’. The penalties for this type of offence can be severe, and may include licence disqualification, fines and even jail time.


Whether you've been charged with a drink driving for the first time or are a repeat offender, the first thing you need to do should be to seek qualified legal representation. Having legal representation from an experienced drink driving lawyer can make all the difference between a hefty penalty and a more lenient outcome.


At Kells, our criminal law team has the knowledge and expertise to provide the best possible representation for your drink driving case. We understand the nuances of drink driving law and will thoroughly assess your case to identify and pursue the strongest defence strategy.


We’ll also provide you with honest advice about your chances of success, and recommend the best course of action for your case.

Frequently Asked Questions

  • 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. 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).

  • What should I do if I’ve been charged with drink driving?

    The first thing you need to do is to get legal advice in order to avoid penalties and criminal charges. A criminal conviction does not just affect your ability to drive for a period, it may also 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 law team on 0410 593 059.

Get Expert Criminal Law Advice

If you would like to discuss your drink driving offence with our criminal law team, please get in touch. We are available 24/7 to help you and offer a free initial consultation.

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Crime


Area of Expertise

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