Drink driving offences are considered serious traffic offences in both NSW and Victoria.
Although the actual charges differ, the penalties for Exceeding Prescribed Concentration of Alcohol (PCA) and Driving Under the Influence (DUI) are severe and usually result in loss of licence and heavy fines.
If you have been charged with a drink driving offence in NSW or VIC, the penalties will vary depending on if it is your first offence or if it is a subsequent offence.
Upon conviction of a drink driving offence a period of automatic licence disqualification applies without specific order of a court. A court has the power to reduce or extend the automatic disqualification period as it thinks fit, subject to the minimum periods outlined in those sections.
Below is a wealth of information about the different drink driving charges in NSW & Victoria and their respective penalties.
If you have been charged with drink driving and wish to minimise the penalty, contact LAC Lawyers today on 1300 309 551 (Sydney) or 1300 309 551 (Melbourne).
Drink Driving Offences In NSW
In New South Wales there are five (5) categories of offences for drink driving:
- Novice Range PCA means a concentration of more than zero grams but less than 0.02 grams of alcohol in 100 millilitres of blood- this range only applies to holders of learner or provisional licences;
- Special Range PCA means a concentration of 0.02 grams or more, but less than 0.05 grams of alcohol in 100 millilitres of blood – this range only applies to a “special category of driver” as defined in s 8 Road Transport (Safety & Traffic Management) Act 1999, and includes holders of learner or provisional licences, persons whose licences are suspended, cancelled or disqualified and persons who are driving a vehicle for hire or reward or in the course of trade or business or as a public passenger vehicle within the Passenger Transport Act 1990;
- Low Range PCA means a concentration of 0.05 grams or more but less than 0.08 grams of alcohol in 100 millilitres of blood;
- Mid Range PCA means a concentration of 0.08 grams or more but less than 0.15 grams of alcohol in 100 millilitres of blood;
- High Range PCA means a concentration of 0.15 grams or more of alcohol in 100 millilitres of blood.
Penalties for PCA offences depend on the type of offence and the prior traffic history. All PCA offences are major offences: s 25(1)(c)(iv) Road Transport (General) Act 1999 (NSW).
If you have been charged with Drink Driving in NSW, it is possible to minimise the penalty or even obtain a section 10 (which means you may be able to avoid license suspension). For more information about obtaining a section 10 or to minimise the impact of your drink driving charge, contact LAC Lawyers on 1300 309 551.
Drink Driving Offences in VIC
Victoria has some of the toughest drink driving laws in Australia including automatic disqualification for blood alcohol concentration (BAC) of greater than 0.10 grams of alcohol in 100 millilitres of blood.
The charge is known as Driving under the Influence (DUI) and the penalties for DUI in Victoria are outlined below (source Vic Roads)
| BAC |
Licence type |
Fine |
Licence action / points |
| Less than .05 |
Zero BAC licence (e.g. professional drivers, P licence, L permit) |
2.5 penalty units |
10 demerit points
|
| .05 to less than .07 |
Zero BAC licence (e.g. professional drivers, P licence, L permit) and full licence (under 26 years) |
3 penalty units |
Cancellation of licence/permit and disqualification for 6 months |
| .05 to less than .07 |
Full licence (26 years or older) |
3 penalty units |
10 demerit points |
|
.07 to less than .15
|
All drivers |
3 to 4.25 penalty units |
Cancellation of licence/permit and disqualification for 6-14 months depending on BAC |
.15 or above;
or for a subsequent offence |
All drivers |
Traffic infringement notices are not issued for BAC of .15 or above, or for subsequent offences. Charges are laid for the offence and the matter is dealt with at court. |
Attend Magistrates’ Court
(see notes below) |
Retaining the services of LAC Lawyers can assist you in minimising your penalty. If you have been charged with drink driving - Driving Under The Influence (DUI), contact LAC Lawyers (Melbourne) today on 1300 309 551.
Drink Driving Lawyers
LAC Lawyers have a team of lawyers with the experience in drink driving cases that you need to get the best outcome. The following is a selection of our currently practicing drink driving lawyers.
Defences Available to a Drink Driving Charge
You may not be aware, but there are a number of defences available to a person charged with drink driving. Set out below are a few of the more common methods available to defend a drink driving charge:
- Challenging the reading;
- Honest & Reliable mistake;
- The two hour rule;
- The home safe rule.
Drink Driving Penalties
If you have been charged with a drink driving offence you would have received a penalty in one (or a combination) of the following forms:
- a fine;
- licence disqualification; and
- imprisonment.
Under the current legislation these Penalties will increase if you have been convicted of a previous major offence within the past five years. A major offence is an offence referred to in s25(1) Road Transport (General) Act 1999 NSW.
The courts in NSW and VIC take drink driving very seriously and the penalties are severe. To minimise the impact of your drink driving charge, contact LAC Lawyers on 1300 309 551 .
Want to speak to a lawyer right away?
1300 309 551