Everything you need to know about

Drink Driving in NSW (DUI)

January, 2015

Legal Disclaimer

This presentation is offered for general information

purposes only. It does not constitute specific legal

advice or opinion. You should not act or rely upon

any of the information contained within this

seminar without seeking the advice of a qualified

solicitor who specialises in the particular area of

expertise and jurisdiction that you require.

NSW Limits

In NSW there are different blood alcohol

concentrate (BAC) limits that apply at different

times. NSW has three limits:

1. 0.00;

2. 0.02; and

3. 0.05

Types of Drink Driving Offences

In NSW there are four categories of PCA (drink

driving) offences:

1. Special Range PCA

2. Low Range PCA

3. Mid Range PCA

4. High Range PCA

Special Range PCA

Special Range PCA applies to

special category drivers with a

blood alcohol concentration of

between 0.02 and 0.049 g/100 mL

‘Special Category’ relates to

Learners and P-Plate drivers.

Low Range PCA

Low Range PCA applies to drivers with a blood

alcohol concentration of between 0.05 and 0.079

g/100 mL.

It is the most common type of drink driving

offence in NSW.

Mid Range PCA

Mid Range PCA applies to drivers with a blood

alcohol concentration of between 0.08 and 0.149

g/100 mL.

High Range PCA

High Range PCA applies to drivers with a blood

alcohol concentration of over 0.15 g/100 mL.

It is the most serious type of drink driving offence

in NSW.

NSW Limits

The limit that is applicable to an individual depends

on the classification of an individual's license and

the type of vehicle that is being driven.

Therefore, an individual may have a number of

applicable blood alcohol limits depending on what

vehicle they are driving at any specific time.

0.00 Limit

The 0.00 limit applies to:

All learner drivers;

All Provisional 1 drivers; and

All Provisional 2 drivers.

0.02 Limit

The 0.02 limit applies to:

Drivers of vehicles of 'gross

vehicle mass' greater than 13.9

tonnes;

Drivers of vehicles carrying

dangerous goods; and

Drivers of public vehicles such

as taxi or bus drivers.

0.05 Limit

The 0.05 limit applies to:

All other licences not subject

to a 0.00 or 0.02 limit.

The Risk

When individuals drink and drive it increases the

risks of having an accident.

An individual with a blood alcohol reading of 0.05 (low

range) doubles the risk of having an accident;

An individual with a blood alcohol reading of 0.08 (mid

range) is 7 times more likely to be involved in an

accident; and

An individual with a blood alcohol reading of 0.15 (high

range) is 25 times more likely to be in an accident.

Your BAC

Drink driving is a factor in about 18 percent of all

fatal crashes across NSW.

Guessing your BAC is inaccurate because:

1. Alcohol concentration of the drink may vary from 2.5 per cent (light beer), 5 per cent (full strength beer) to over 40 per cent (vodka, whisky);

2. Beer may be served in schooners, middies or pints. Wine glasses vary from 100 to 280 mls;

Your BAC

Your BAC

3. In many situations, drinks are topped up making it difficult to know how many standard drinks are consumed;

Your BAC

4. Many drinks come in non-standard sizes for example pre-mixed drinks in cans and bottles may contain more than one standard drink.

Factors That Impact Your BAC

Factors such as your gender, size, weight, health

and liver function will affect your BAC (blood

alcohol concentration):

1. Size and weight. A smaller person may have a higher BAC from the same amount of alcohol;

2. Liver function. An unhealthy liver processes alcohol more slowly;

3. Gender. A woman of the same height and weight as a man drinking the same amount may have higher BAC;

Factors That Impact Your BAC

4. Consumption of food. Lack of food in the stomach means faster absorption of alcohol into the blood stream. Eating after drinking will not reduce the BAC;

5. General health condition and level of fitness can affect a person's ability to process alcohol. A person's BAC can be higher if they are not feeling well, or are tired or stressed;

6. Consumption of other drugs affects a person's ability to process alcohol.

Police Power in NSW

In NSW, Police have power to:

Stop drivers at random to test for alcohol.

Arrest drivers who test over the legal limit.

If you test over the limit at the roadside you will be

arrested, taken to a Police station for evidentiary

breath analysis, charged by Police, finger printed,

photographed and you will have to appear in court.

Police Power in NSW

Middle and high range offenders will generally

have their licence suspended by Police at the

Police station when they are charged.

Drink Driving Penalties

Drink driving attracts serious penalties. A summary

of penalties and disqualification periods for drink

driving matters are noted below:

Drink Driving Penalties

First offences and second or subsequent offences

are distinguished.

Offences are considered second or subsequent if

the person was convicted of a major traffic offence

(including any PCA offence) in the previous five

years.

Drink Driving Penalties

Major offences include any offence under the

Crimes Act 1900 (NSW), dangerous or negligent

driving offences under the Act, PCA offences,

driving under the influence of drugs, refusing to

submit to testing for drugs or alcohol, or the aiding

and abetting of the commission of any of the

above crimes or offences.

Drink Driving Penalties

Whilst in certain circumstances you can be can

you be found guilty but have no conviction

recorded drink driving is a serious offence and is

treated seriously by the Courts.

This has been reflected in a guideline judgement

for high range drink driving matters where it was

stated that in a case where an offender is

sentenced for a second or subsequent high range

drink driving offence:

Drink Driving Penalties

A sentence of any less severity than

imprisonment of some kind would generally be

inappropriate; and

Where any number of aggravating factors are

present to a significant degree or where the prior

offence is a high range drink driving offence, a

sentence of less severity than full-time

imprisonment would generally be inappropriate.

Habitual Traffic Offender

Few people are also aware that if you have three

or more serious traffic offences within a five year

period, you will be classified as a Habitual Traffic

Offender and you will receive an additional five

years disqualification added to any disqualification

period imposed by the Court.

Habitual Traffic Offender

The Court is also empowered to order a longer or

shorter period of disqualification, including

disqualification for life, provided that reasons are

given and that the offender is disqualified for a

period of not less than three years.

Do I really need a lawyer?

If you have been charged with a drink driving

offence you should obtain immediate legal advice

from an experienced drink driving lawyer.

We can advise you on the strategies that will

improve your chances of receiving a beneficial

outcome (for example, the use of character

references) and advise you on other matters which

may increase the prospects of obtaining your

license back sooner that you may otherwise be

entitled.

Turnbull Hill Lawyers – Contact Us

If you have any further questions about drink driving

or you'd like to discuss a related matter, please

contact our Criminal Law team.

We will endeavour to respond to your enquiry within

24 hours.

Need Criminal Lawyers in NSW? Call Us

We service Newcastle & the Central Coast