Question 1

What are the alcohol limits for drink driving in NSW?

Accepted Answer

NSW sets different prescribed concentration of alcohol (PCA) ranges. Novice range applies to learner and provisional drivers who must have zero blood alcohol, so any reading is an offence. Special range, from 0.02 up to below 0.05, applies to drivers on restricted categories such as heavy vehicle, public passenger and dangerous goods drivers. For full licence holders the general limit is 0.05. Low range is 0.05 to below 0.08, mid range is 0.08 to below 0.15, and high range is 0.15 and above. Each range carries its own penalties and disqualification periods, and the higher the reading the more serious the consequences.

Question 2

Will I automatically lose my licence for a first drink driving offence?

Accepted Answer

Not necessarily. For a first low range PCA the police can issue an on the spot penalty notice with an immediate three month suspension, but you can elect to have the matter dealt with by the court. If a court records a conviction, disqualification periods apply, however the court also has the power under section 10 of the Crimes (Sentencing Procedure) Act 1999 to dismiss the charge without conviction, or to impose a Conditional Release Order without conviction, in which case no disqualification is recorded. Mid, high, novice and special range matters carry mandatory minimum disqualifications unless a non conviction order is made, so early advice is important.

Question 3

What is the mandatory alcohol interlock program?

Accepted Answer

The mandatory interlock program applies to most mid range second or subsequent offences, all high range offences, refuse breath analysis offences and drink driving causing death or injury. An interlock is a breath testing device fitted to your vehicle that prevents it starting if alcohol is detected. Eligible drivers serve a shorter disqualification and then a minimum interlock participation period. In limited cases a driver may apply for an interlock exemption, but the grounds are narrow, so we assess whether the program or an exemption is the better path for you.

Question 4

Can a drink driving charge be defended or challenged?

Accepted Answer

Yes. We examine whether the breath analysis was conducted within the required time after driving, whether the device was properly calibrated and operated, and whether police followed correct procedure, including that a breath test cannot lawfully be taken more than two hours after driving or at your home. We also consider defences such as honest and reasonable mistake in limited cases, and the reliability of the reading. Where the charge is proven, we focus on sentencing to seek a section 10 dismissal, a Conditional Release Order, or the shortest possible disqualification. Your first consultation with Mikhael Lawyers is free and confidential.