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DRINK DRIVING (NSW)
Dec 31, 2019
DRIVING WHILST UNDER THE INFLUENCE OF ALCOHOL AND BREATH TESTING
It is an offence to drive a motor vehicle whilst under the influence of alcohol. Drink driving, is legally referred to as the offence of driving with a prescribed concentration of alcohol (PCA). Drink driving can be committed in places other than a road and road related area.
Novice range PCA
A novice range prescribed concentration of alcohol is a concentration of more than zero grams, but less than 0.02 grams of alcohol: s 8A(a) Road Transport (Safety and Traffic Management) Act 1999.
The novice range prescribed concentration of alcohol is applicable to holders of a learner licence or provisional licence.
Possible Defence to Novice Range
It is important to engage the services of our legal team, so that a solicitor can determine if you have a defence to this charge. A possible defence may include that the presence of alcohol in your blood was not caused by the consumption of an alcoholic drink.
Special Range Drink Driving
A special range prescribed concentration of alcohol is a concentration of 0.02 grams or more, but less than 0.05 grams, of alcohol: s 8A(b) Road Transport (Safety and Traffic Management) Act 1999.
Low Range Drink Driving
A low range prescribed concentration of alcohol is a concentration of 0.05 grams or more, but less than 0.08 grams, of alcohol: s 8A(c) Road Transport (Safety and Traffic Management) Act 1999.
Middle Range Drink Driving
A middle range prescribed concentration of alcohol is a concentration of 0.08 grams or more, but less than 0.15 grams, of alcohol: s 8A(d) Road Transport (Safety and Traffic Management) Act 1999.
High Range Drink Driving
A high range prescribed concentration of alcohol is a concentration of 0.15 grams or more of alcohol: s 8A(e) Road Transport (Safety and Traffic Management) Act 1999.
Defence
A person charged with drink driving may raise the issue of honest and reasonable mistake (of fact). Once a proper basis for such a mistake has been shown by the defendant, the onus is on the prosecution to negative the existence of an honest and reasonable mistake of fact beyond reasonable doubt.
An example of the issue of honest and reasonable mistake of fact, may be relevant in circumstances of alleged drink spiking.
Driving under the Influence of Drugs
It is also an offence to drive or attempt to drive a motor vehicle whilst under the influence of illicit drugs. This includes morphine or cocaine being present in your blood or urine.
This offence carries with it an automatic disqualification from driving for six months with a minimum of three months for a first offence and for a second offence an automatic disqualification of 12 months with a minimum of six months. This is identical to that of a conviction of low range PCA.
Miscellaneous
It is an offence to drive a vehicle, occupy the driver’s seat of a vehicle or to attempt to put the vehicle in motion while under the influence of alcohol or any other drug.
It is an offence for the holder of a driver licence, while under the influence of alcohol or any other drug, to be seated next to the holder of a learner’s licence who is driving the vehicle.
Detention of motor vehicles
If you are involved in a drink driving or other offence mentioned above, a police officer may take charge and remove your motor vehicle which was involved in driving under the influence of alcohol or drugs. If this action was reasonable, the court may order costs to be paid by you for this to occur.
Need your licence?
Although you may be guilty of an offence, in certain circumstances you may be entitled to a dismissal without conviction pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1999. This section allows a court to discharge you without recording a conviction of an offence, although you have pleaded guilty to the offence. If granted, there is no loss of driver’s licence and no other penalty.
However, a Court will only consider the grant of a section 10 in the most deserving of circumstances and will take into account a number of matters. Therefore you will need specialised legal advice to determine what matters to address before the court so that the most favourable outcome is achieved.
If you need your licence, then call our office now to discuss with one of our lawyers / solicitor, a strategy and the most effective way to get the best possible result for your case, and how to retain your licence.
Novice range PCA
A novice range prescribed concentration of alcohol is a concentration of more than zero grams, but less than 0.02 grams of alcohol: s 8A(a) Road Transport (Safety and Traffic Management) Act 1999.
The novice range prescribed concentration of alcohol is applicable to holders of a learner licence or provisional licence.
Possible Defence to Novice Range
It is important to engage the services of our legal team, so that a solicitor can determine if you have a defence to this charge. A possible defence may include that the presence of alcohol in your blood was not caused by the consumption of an alcoholic drink.
Special Range Drink Driving
A special range prescribed concentration of alcohol is a concentration of 0.02 grams or more, but less than 0.05 grams, of alcohol: s 8A(b) Road Transport (Safety and Traffic Management) Act 1999.
Low Range Drink Driving
A low range prescribed concentration of alcohol is a concentration of 0.05 grams or more, but less than 0.08 grams, of alcohol: s 8A(c) Road Transport (Safety and Traffic Management) Act 1999.
Middle Range Drink Driving
A middle range prescribed concentration of alcohol is a concentration of 0.08 grams or more, but less than 0.15 grams, of alcohol: s 8A(d) Road Transport (Safety and Traffic Management) Act 1999.
High Range Drink Driving
A high range prescribed concentration of alcohol is a concentration of 0.15 grams or more of alcohol: s 8A(e) Road Transport (Safety and Traffic Management) Act 1999.
Defence
A person charged with drink driving may raise the issue of honest and reasonable mistake (of fact). Once a proper basis for such a mistake has been shown by the defendant, the onus is on the prosecution to negative the existence of an honest and reasonable mistake of fact beyond reasonable doubt.
An example of the issue of honest and reasonable mistake of fact, may be relevant in circumstances of alleged drink spiking.
Driving under the Influence of Drugs
It is also an offence to drive or attempt to drive a motor vehicle whilst under the influence of illicit drugs. This includes morphine or cocaine being present in your blood or urine.
This offence carries with it an automatic disqualification from driving for six months with a minimum of three months for a first offence and for a second offence an automatic disqualification of 12 months with a minimum of six months. This is identical to that of a conviction of low range PCA.
Miscellaneous
It is an offence to drive a vehicle, occupy the driver’s seat of a vehicle or to attempt to put the vehicle in motion while under the influence of alcohol or any other drug.
It is an offence for the holder of a driver licence, while under the influence of alcohol or any other drug, to be seated next to the holder of a learner’s licence who is driving the vehicle.
Detention of motor vehicles
If you are involved in a drink driving or other offence mentioned above, a police officer may take charge and remove your motor vehicle which was involved in driving under the influence of alcohol or drugs. If this action was reasonable, the court may order costs to be paid by you for this to occur.
Need your licence?
Although you may be guilty of an offence, in certain circumstances you may be entitled to a dismissal without conviction pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1999. This section allows a court to discharge you without recording a conviction of an offence, although you have pleaded guilty to the offence. If granted, there is no loss of driver’s licence and no other penalty.
However, a Court will only consider the grant of a section 10 in the most deserving of circumstances and will take into account a number of matters. Therefore you will need specialised legal advice to determine what matters to address before the court so that the most favourable outcome is achieved.
If you need your licence, then call our office now to discuss with one of our lawyers / solicitor, a strategy and the most effective way to get the best possible result for your case, and how to retain your licence.
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