DRINK DRIVING LAWYERS IN WOLLONGONG

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.

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).

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.