Drink Driving; Penalties and Suspensions
Have you recently been charged with drink driving? There are quite serious penalties for these offences, including fines and loss of licence. You should consider calling a lawyer immediately to get the best result.
Drink Driving
The legal limit in NSW is 0.05 for drivers with their unrestricted licence. For P-plate drivers, the limit is 0.0. For special range, the limit is 0.02. When tested, the results are categorized into low-range (including novice and special range), mid-range and high-range. Each range has it’s own mandatory penalties.
For first offence Low Range drink driving, it is becoming more common for police officers to suspend your licence on the spot, and issue you with a fine only. Paying the fine means that you accept the fine and the suspension of 3 months. If you wish to seek leniency, then you should contest the fine in Court.
If you pay the fine, then your only option is to contest the suspension imposed. To do so, you must prove exceptional circumstances, which is difficult to do!
The penalties for each range are as below:
| Range | First Offence | Second or Subsequent Offences |
|---|---|---|
| Low
(0.05 – 0.079) |
Maximum fine: $2200
Automatic disqualification: 6 months Minimum disqualification: 3 months Penalty notice: $572 Interlock order: No Immediate Licence Suspension: Yes |
Maximum fine: $2200
Automatic disqualification: 12 months Minimum disqualification: 6 months Penalty notice: N/A Interlock order: Yes Immediate Licence Suspension: Yes |
| Mid
(0.08 – 0.014) |
Maximum fine: $2200
Automatic disqualification: 12 months Minimum disqualification: 6 months Interlock order: Yes Immediate Licence Suspension: Yes |
Maximum fine: $3300
Automatic disqualification: 12 months Minimum disqualification: 3 years Interlock order: Yes Immediate Licence Suspension: Yes |
| High
(0.15+) |
Maximum fine: $3300
Automatic disqualification: 3 years Minimum disqualification: 12 years Interlock order: Yes Immediate Licence Suspension: Yes |
Maximum fine: $5500
Automatic disqualification: 5 year Minimum disqualification: 2 years Interlock order: Yes Immediate Licence Suspension: Yes |
Depending on which offence you have committed, you may be subject to an interlock order. There is more information about this on our website here.
No matter what you have been charged with, it is always best to seek legal advice. Call our office today!
