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Drink Driving Is A Serious Offence

Drink driving is considered an extremely serious traffic offence in New South Wales (NSW). It poses a significant risk to public safety and can result in severe penalties, including imprisonment and lengthy license disqualifications.

What is Drink Driving?

Drink driving, also known as driving under the influence (DUI) of alcohol, refers to operating a motor vehicle while having a prescribed concentration of alcohol (PCA) in your blood or breath that exceeds the legal limit. In NSW, the legal alcohol limits are:

  • 0.00 for learner, provisional, and certain professional drivers
  • 0.05 for unrestricted license holders

Exceeding these limits is an offence under Section 112 of the Road Transport Act 2013 and can lead to criminal charges.

What Does the Prosecution Need to Prove?

To secure a conviction for drink driving, the prosecution must prove beyond reasonable doubt that the accused person:

  1. Was driving or in control of a motor vehicle on a road or road-related area.
  2. Had a PCA (prescribed concentration of alcohol) in their blood or breath that exceeded the legal limit at the time of driving.

The prosecution typically relies on evidence from roadside breath tests, breath analysis conducted at a police station, or blood tests to establish the driver’s PCA level.

What Are the Police Roadside Powers?

Under the Road Transport Act 2013, police officers have broad powers to stop and inspect vehicles if they reasonably suspect that a traffic offence has been committed. In cases of dangerous driving, officers may:

  • Conduct roadside breath tests or drug tests
  • Require the driver to produce their license and vehicle registration
  • Issue a court attendance notice or on-the-spot fine
  • Immediately suspend or confiscate the driver’s license
  • Impound or seize the vehicle

What Are Other Related Charges Under Drink Driving?

Several other offences may be charged in conjunction with or as an alternative to drink driving, depending on the circumstances. These include:

  • Driving under the influence of drugs (Section 112A Road Transport Act 2013)
  • Refusing or failing to submit to a breath test or analysis (Section 116 Road Transport Act 2013)
  • Aggravated drink driving (Section 25A Crimes Act 1900)
  • Dangerous driving (Section 117 Road Transport Act 2013)
  • Negligent driving (Section 117 Road Transport Act 2013)

CASE STUDY

In a recent case from 2022, a 28-year-old woman was charged with high-range drink driving after being pulled over for a random breath test in Sydney’s CBD. She recorded a blood alcohol concentration (BAC) of 0.165, more than three times the legal limit for an unrestricted license holder. The woman, a first-time offender, pleaded guilty and was sentenced to a 12-month good behavior bond, a $1,100 fine, and a 12-month license disqualification.

Summary Court Process (Local Court)

Most drink driving cases are heard in the Local Court as summary offences. The typical process involves:

  1. The accused is served with a court attendance notice outlining the charges.
  2. The matter is listed for mention, wHERE the accused can enter a plea.
  3. If pleading guilty, sentencing submissions are made, and the magistrate determines the appropriate penalty.
  4. If pleading not guilty, the matter proceeds to a defended hearing, wHERE evidence is presented, and the magistrate decides on guilt or innocence.

Indictable Court Process (District Court or Supreme Court)

In more severe cases, such as those involving aggravated drink driving or causing death or grievous bodily harm, drink driving charges may be prosecuted as indictable offences in the District Court or Supreme Court. This process involves:

  1. The accused is charged and brought before a Local Court for committal proceedings.
  2. If committed for trial, the matter is transferred to a higher court.
  3. The accused enters a plea, and if pleading not guilty, a trial date is set.
  4. At trial, evidence is presented before a judge and jury, who determine guilt or innocence.
  5. If found guilty, the judge imposes a sentence.

Local Court Sentencing Options

If convicted of drink driving in the Local Court, the sentencing options available to the magistrate include:

  • Fines (up to $3,300 for first offence, $5,500 for subsequent offence)
  • Community service orders
  • Good behavior bonds
  • Intensive correction orders
  • Prison sentences (up to 18 months for first offence, up to 2 years for subsequent offence)
  • License disqualification (mandatory minimum periods apply)

The magistrate will consider factors such as the driver’s PCA level, criminal history, and any mitigating or aggravating circumstances when determining the appropriate penalty.

Drink Driving

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According to the information from the NSW government website, HERE are the specific penalties for a first-time drink driving offender in New South Wales: Low Range (0.05 - 0.079 BAC):
  • Maximum court-imposed fine: $2,200
  • Immediate license suspension
  • Minimum license disqualification period: 3 months
  • Maximum license disqualification period: 6 months
  • Automatic disqualification if no court order: 6 months
  • May receive an on-the-spot fine of $644 instead of court attendance
Mid Range (0.08 - 0.149 BAC):
  • Maximum court-imposed fine: $2,200
  • Maximum prison term: 9 months
  • Minimum license disqualification period: 6 months
  • Automatic disqualification if no court order: 12 months
  • Immediate license suspension
  • Subject to alcohol interlock order
High Range (0.15 BAC and above):
  • Maximum court-imposed fine: $3,300
  • Maximum prison term: 18 months
  • Minimum license disqualification period: 6 months
  • Automatic disqualification if no court order: 3 years
  • Immediate license suspension
  • Subject to alcohol interlock order

So in summary, for a first drink driving offence, the penalties range from fines up to $3,300, minimum 3-6 month license disqualification, possible imprisonment up to 18 months for high range offences, and being subject to an alcohol interlock order for mid and high range offences. The severity increases with higher blood alcohol readings.
A first-time drink driving conviction can potentially impact job opportunities and employment in several ways:

Disclosure Requirements
Many job applications require disclosing criminal convictions, including drink driving offences. Employers may view a drink driving conviction unfavorably, especially for roles involving driving, operating machinery, or wHERE public safety is a concern.

License Disqualification
A drink driving conviction almost always results in a period of license disqualification or suspension. This can make it difficult to get to and from work, impacting your ability to perform certain jobs that require a valid driver's license.

Reputation and Character Concerns
Employers may have concerns about an applicant's judgment, decision-making abilities, and regard for the law if they have a drink driving conviction. This is especially true for roles requiring a high degree of public trust or working with vulnerable groups like children.

Industry-Specific Restrictions
Certain industries and professions have strict policies or regulations prohibiting the employment of individuals with drink driving convictions due to insurance, safety or reputational risks. This includes transportation, aviation, law enforcement, and some government roles.

Depending on the role and employer, a first offense drink driving conviction may be viewed as a minor issue, especially if it was a low-range case and you demonstrate remorse. However, it can still be a potential barrier during the hiring process. Being upfront, providing context, and highlighting steps taken to address the issue can help mitigate concerns.
It's advisable to seek legal advice to understand your rights, employment implications, and strategies to minimize the impact of the conviction on future job prospects in your specific circumstances and industry.

No, a first-time drink driving offender in New South Wales cannot get their licence back early before the end of the mandatory disqualification period imposed by the court.

The key points regarding licence disqualification for first-time drink driving offenders are:

- The magistrate must disqualify the offender's licence for a minimum period set by the legislation based on their blood alcohol concentration (BAC) reading.

- For low range (0.05-0.079 BAC), the minimum disqualification is 3 months.
- For mid range (0.08-0.149 BAC), the minimum is 6 months.
- For high range (0.15+ BAC), the minimum is 6 months.

- The magistrate cannot reduce this minimum disqualification period, even for a first offence. They can only extend it beyond the minimum if they choose.

- THERE is no ability for the offender to apply to have their disqualification period shortened or ended early before the full term is served.

- The disqualification period must be served in full before the offender can apply to have their licence re-issued, usually after also completing a Traffic Offender Intervention Program.

So in summary, the law imposes a fixed mandatory minimum licence disqualification for all drink driving offences in NSW. First-time offenders must complete this full disqualification period before being able to re-apply for their licence, with no opportunity to end it early. This highlights the seriousness with which drink driving offences are viewed.

 

Disclaimer

Please note that this information is general in nature and should not be considered legal advice. Every case is unique, and the specific circumstances and evidence will determine the outcome. If you are facing drink driving charges, it is strongly recommended that you seek legal representation from an experienced traffic lawyer who can advise you on the best course of action and defend your rights in court.

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