DUI

Drink Driving Is A Serious Offences

Drink driving is a serious, criminal offence and should never be thought upon lightly. Yet, despite the negative social stigma and serious penalties people continue to drink and drive. What they may not realise is how seriously and severely the Court deals with these offences and the subsequent impact these penalties can have on their lives.

If you have committed a DUI offence you will find yourself going to Court.

If you are convicted of a drink driving charge in NSW, you will lose your driver’s licence, you will receive a fine, you may even face imprisonment and you will leave Court with a criminal record. However, if your drink driving lawyer can persuade the Court to not record a conviction for your drink driving charge, you will not be penalised and you will be able to keep you driver’s licence. This is otherwise known as a section 10.

What is PCA?

PCA stands for Prescribed Concentration of Alcohol. It is the amount of alcohol measured in grams per 100mL of blood.

This reading will be printed on the section 33 Certificate which is given to you at the Police Station (usually an A4 piece of paper with blue print which has a receipt-like strip of paper attached to it).

Drink Driving Charges

Depending on what class of drivers licence you hold, you can be charged with the following offences:

  • Novice Range PCA- 0.001 to 0.019.
  • Special Range PCA- 0.02 to 0.049.
  • Low Range PCA- 0.05 to 0.079.
  • Mid Range PCA- 0.08 to 0.149.
  • High Range PCA- 0.150 and above.

Penalties

If you are convicted of a DUI offence in a NSW court you will:

  • Automatically lose your drivers licence;
  • Receive a maximum fine of between $1,100 and $5,500 depending on the prescribed concentration of alcohol (PCA) you are charged with and whether this is your first or subsequent offence;
  • Leave Court with a criminal record; and
  • Potentially even face a gaol term

Disqualification Periods

1st Offence Maximum Fine Maximum term of Imprisonment Disqualification Period
Novice Range PCA $1100 none Automatic Period- 6 months
Minimum period- 3 months
Special Range PCA $1100 none Automatic Period- 6 months
Minimum period- 3 months
Low Range PCA $1100 none Automatic Period- 6 months
Minimum period- 3 months
Mid Range PCA $2200 9 months Automatic Period- 12 months
Minimum period- 6 months
High Range PCA $3300 18 months Automatic Period- 3 years
Minimum period- 12 months
2nd Offence
(within 5 years)
Maximum Fine Maximum term of Imprisonment Disqualification Period
Novice Range PCA $2200 none Automatic Period- 12 months
Minimum period- 6 months
Special Range PCA $2200 none Automatic Period- 12 months
Minimum period- 6 months
Low Range PCA $2200 none Automatic Period- 12 months
Minimum period- 6 months
Mid Range PCA $3300 12 months Automatic Period- 3 years
Minimum period- 12 months
High Range PCA $5500 2 years Automatic Period- 5 years
Minimum period- 2 years

 

Why You Need The Best Drink Driving Lawyers

How the Court deals with you will depend largely on how your case is presented to the Magistrate. Employing the services of a lawyer to act on your behalf will ensure that you are aware of all the options available to you and help you obtain the best possible outcome.

Drink driving lawyers can help you minimise the legal ramifications of your offence, help guide you through the court process and advise on how best to approach your DUI charges.

One very important thing drink driving lawyers can help you with is obtaining a ‘section 10’. This occurs when your lawyer is able to persuade the courts not to record a conviction, not to penalise you and to allow you to keep your drivers licence. As the conviction is not recorded there is no criminal record.

When considering a section 10 the Court will take into account:

  • Your age;
  • Your character;
  • Your record;
  • Your health and mental condition;
  • The trivial nature of your DUI offence;
  • Any extenuating circumstances; and
  • Anything the Court might think relevant.

Drink driving lawyers help present this information to the courts and can help you navigate your way around the court system.

If a section 10 is not suitable for your case, or if you are unsuccessful in obtaining a section 10 dismissal, your lawyer can still help reduce the ramifications of your penalties. Drink driving lawyers can help:

  • Reduce the period your licence is suspended;
  • Minimise the fine you face; and
  • Help you avoid a gaol term or minimise it if it is a very serious offence.

Some law firms will assign an inexperienced junior lawyer to conduct your drink driving case. Don’t take your chances, contact Benjamin & Leonardo Criminal Defence Lawyers to arrange your FREE conference.

FREE CASE EVALUATION