drink driving in nsw - everything you need to know
TRANSCRIPT
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.
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