web analytics
Home » Legal » Drink Driving Offences

Drink Driving Offences

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.

LAC_DDG_Driving_DrinkDrive_new

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.

 

LAC_DDG_Driving_DrinkDrive

 

 

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 363 991 .

 

contact-banner

Comments are closed.

Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Position:Senior Solicitor
Michael Pickering is our most senior solicitor employed in the Melbourne Branch of LAC Lawyers Pty Ltd. He deals with a wide range of matters. He has over 30 years experience as a lawyer which he applies for the benefit of clients whether large or small.
Scott Gray LPAB, Grad. Dip. Legal Practice
Position:Solicitor
Scott is result driven and strives to ensure each client achieves complete satisfaction throughout the life of their matter. He understands the stress that many clients experience and is always available to assist and discuss specific requirements as well as explain industry processes and procedures in a clear and concise manner.