Expertise

Drink & Drug Driving

DRINK & DRUG DRIVING LAWYERS IN SHELLHARBOUR

Criminal Law Specialists

We handle a wide range of criminal matters, including traffic offences, drug-related charges, drink driving, theft, assault, fraud, and serious indictable crimes such as homicide.

24/7 Criminal Law Advice

We provide criminal law advice 24 hours a day, 7 days a week across Shellharbour. You can speak with our team any time you need urgent assistance. The initial consultation is offered at no cost.

Top-Tier Team

Our team is led by a former police officer and senior police prosecutor. With deep insight into police procedures and court operations, we approach each case with a well-informed legal strategy.

Extensive Experience

We have appeared in countless criminal proceedings and handle most summary matters directly, without needing to engage external counsel. This allows us to deliver strong courtroom representation while reducing additional legal expenses.

Here To Help

Being charged with drink or drug driving can lead to serious outcomes, including the loss of your licence, a criminal record, or time in custody. These penalties can affect your job, limit your travel options, and cause long-term setbacks. Our drink and drug driving lawyers assist clients facing these charges by reviewing the case, exploring opportunities to reduce penalties, and taking steps to protect your ability to drive.

Crime

Area of Expertise

How Can Our Shellharbour Drink & Drug Driving Lawyers Help?

Driving with a blood alcohol reading of 0.05 or above, while also having an illegal substance or impairing medication in your system, is treated as a serious offence in New South Wales.


These combined charges often result in harsher consequences than individual drink or drug driving matters. Penalties may include mandatory disqualification periods, heavy fines, and in some cases, imprisonment.


But being charged does not always mean a conviction is unavoidable. We carefully examine how your case was handled, check the accuracy of police procedures, and assess whether any defences apply. Our focus is on finding the best available resolution, whether that involves disputing the charge or working toward a reduced penalty.


With experience that includes former roles in law enforcement and prosecution, our team understands how these matters are built by the other side. We prepare your defence thoroughly, identify weaknesses in the case against you, and take a proactive approach to achieve the most favourable outcome.

Frequently Asked Questions

  • What is the legal blood alcohol concentration (BAC) limit in NSW?

    For drivers holding an unrestricted licence, the legal limit is 0.05%. Learners and provisional licence holders (P1 and P2) must have a BAC of zero. Drivers operating heavy vehicles, buses, or other commercial transport must remain under 0.02%.

  • What are the penalties for drink driving in NSW?

    Penalties depend on the level of alcohol recorded:


    • Low-range (0.05 to 0.079%): Fines and short-term suspensions.
    • Mid-range (0.08 to 0.149%): Heavier fines, longer disqualification periods, and a requirement to install an interlock device.
    • High-range (0.15% and above): Severe consequences, including large fines, lengthy disqualification, and possible prison time, particularly for repeat offences.

  • What is drug driving in NSW, and how is it detected?

    Drug driving involves operating a vehicle with prohibited drugs or impairing substances in your system. Roadside saliva tests are used to identify cannabis, MDMA, cocaine, and amphetamines. If your driving is affected by prescription medication, you may also face charges, even if the drug was lawfully obtained.

  • What are the penalties for drug driving in NSW?

    First offences typically attract fines, licence disqualification, and in some cases, a court-imposed interlock program. A second or subsequent charge, or one involving a combination of drugs and alcohol, can lead to more serious penalties, including the risk of imprisonment.

  • Will I lose my licence if I am convicted of drink or drug driving?

    Yes. Disqualification is mandatory in most cases. The duration will vary depending on your BAC or drug reading, any previous offences, and the nature of the incident.

  • Can I fight a drink or drug driving charge in court?

    You may be able to challenge the charge. Common defences include disputing the accuracy of test results, questioning how the tests were conducted, or showing that you were not actually in control of the vehicle. Success will depend on the facts of your case and how it is presented.

  • What happens if I refuse a roadside drug or alcohol test?

    Refusing to undergo a roadside breath or saliva test is considered a serious offence in NSW. The law treats it in line with high-range drink driving, which can result in immediate suspension, significant fines, and, in some instances, a custodial sentence. Cooperating with police testing may give you a better chance to contest the charge at a later stage.

  • How can Kells help with my drink or drug driving charge?

    We assess the details of your matter, review the evidence for any weaknesses, and provide representation aimed at minimising penalties. Where appropriate, we dispute the charges or negotiate alternative sentencing options to help reduce the long-term consequences on your record and licence.

Get Expert Criminal Law Advice

If you would like to discuss your drink and drug 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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