The usual arrest for a drink driving charge occurs
in the following order:
are pulled over by the police either for a random breath test or because of
your manner of driving;
are breath tested on the roadside;
are above the legal blood alcohol level for your class of licence;
are arrested by the police;
are breath tested again at the police station;
are charged and given a date to attend your nearest Local Court.
It is a good idea if you have not done so in
the past to attend the Traffic Offenders Program prior to your first Court
date. Your lawyer will advise you of what program to attend and what subjective
material you should bring to Court with you and any medical evidence, if
At the first or second Court event depending on
your circumstances you will be sentenced by a Local Court Magistrate. At the
time of sentencing you will receive a penalty, generally involving a period of
disqualification. If you had already spent time off the road, your lawyer can
make an application for the time you have already spent off the road to count
towards the period of disqualification you ultimately receive.
Once you have completed a period of disqualification you will need to attend upon Service NSW (formally known as the RTA) before you drive a car. If you have received a mandatory Interlock period, you will need to attend Service NSW and obtain an Interlock licence and ensure that your vehicle is fitted with an Interlock device and you do not drive any vehicle that is not fitted with an Interlock device. The blood alcohol level on an interlock license is 0.00.
If after 20 May 2019 you are arrested for low
range drink driving, you will lose your licence on the spot and receive a fine
of $561. You have an option to appeal the licence disqualification by electing
to take the matter to the Local Court. It is unclear what the wait times will
be at the Local Court at this stage.
The ranges of drink driving in New South Wales are
Special novice range – between 0.00 and 0.02
Special range – between 0.02 – 0.05 These two categories relate to learner drivers or provisional licence holders.
range – between 0.05 – 0.079
range – between 0.08 – 0.149; and
range – from 0.150 onwards.
If you require assistance and representation with a drink driving charge, please contact us.