Joshua Blom Lawyers

Drink Driving/PCA

TYPES OF OFFENCES

Special Range Drink Driving/ PCA is an offence committed when a person drives a motor vehicle on a public road with a blood alcohol concentration of between 0.02 and 0.049.

Penalties for Special Range Drink driving/PCA include a fine of up to $2,200 and an automatic disqualification period of  6 months for a first offence and fines of up to $3,300 and an automatic disqualification period of  12 months for second/subsequent offences.

A second/subsequent offence will also attract a mandatory interlock order.

Police can now issue a penalty notice of $581 for Special Range Drink Driving/PCA and issue a driver with a 3 month immediate licence suspension.

Special Range Drink Driving/ PCA is an offence committed when a person drives a motor vehicle on a public road with a blood alcohol concentration of between 0.02 and 0.049.

Penalties for Special Range Drink driving/PCA include a fine of up to $2,200 and an automatic disqualification period of  6 months for a first offence and fines of up to $3,300 and an automatic disqualification period of  12 months for second/subsequent offences.

A second/subsequent offence will also attract a mandatory interlock order.

Police can now issue a penalty notice of $581 for Special Range Drink Driving/PCA and issue a driver with a 3 month immediate licence suspension.

Novice Range Drink Driving/ PCA is an offence committed when a person drives a motor vehicle on a public road with a blood alcohol concentration of more than 0.00. This offence only applies to a holder of a Learner, P1 or P2 licence and means a driver must have a zero blood alcohol content at all times.

Penalties for Novice Range Drink driving/PCA include a fine of up to $2,200 and an automatic disqualification period of  6 months for a first offence and fines of up to $3,300 and an automatic disqualification period of  12 months for second/subsequent offences. A second/subsequent offence will also attract a mandatory interlock order.

Police can now issue a penalty notice of $581 for Novice Range Drink Driving/PCA and issue a driver with a 3 month immediate licence suspension.

Low Range Drink Driving/ PCA is an offence committed when a person drives a motor vehicle on a public road with a blood alcohol concentration of between 0.050 and 0.079.

Penalties for Low Range Drink driving/PCA include a fine of up to $2,200 and an automatic disqualification period of  6 months for a first offence and fines of up to $3,300 and an automatic disqualification period of  12 months for second/subsequent offences. A second/subsequent offence will also attract a mandatory interlock order.

Police can now issue a penalty notice of $581 for Low Range Drink Driving/PCA and issue a driver with an immediate licence suspension.

Special Range Drink Driving/ PCA is an offence committed when a person drives a motor vehicle on a public road with a blood alcohol concentration of between 0.80 and 0.149.

Penalties for Mid Range Drink driving/PCA can include imprisonment for up to 9 months,  a fine of up to $2,200 and a disqualification period of up to 12 months for a first offence, and imprisonment for up to 9 months, fines of up to $3,300 and an automatic disqualification period of  3 years for second/subsequent offences.

Police will also usually issue a person with a 3-months immediate licence suspension.

All Mid Range Drink Driving/PCA offence attract a mandatory interlock order.

High Range Drink Driving/ PCA is an offence committed when a person drives a motor vehicle on a public road or road related area with a blood alcohol concentration of over 0.150.

Penalties for High Range Drink Driving/PCA can include imprisonment for up to 18 months,  a fine of up to $3,300 and a disqualification period of up to 3 years for a first offence, and imprisonment for up to 2 years, fines of up to $5,500 and an automatic disqualification period of  5 years for second/subsequent offences.

Police will also usually issue a person with a 3-months immediate licence suspension.

All High Range Drink Driving/PCA offence attract a mandatory interlock order.

Get An Expert On Your Side

Being charged with drink driving is a stressful and scary experience. The consequences have the potential to impact your job and travel plans. For many people, being charged with drink driving is the first time they have had any involvement with the police and the legal system. Navigating the court process is often an unfamiliar and daunting task. At Joshua Blom Lawyers, we know the impact a conviction for drink driving can have on you. We are expert drink driving lawyers which means we know how to best prepare your case and get you the best possible outcome at court. 

Yes, drink driving is a criminal offence in New South Wales. It is not just a traffic offence. 

Drink driving is a very common and prevalent offence. Magistrates throughout New South Wales will hear hundreds of drink driving matters a week. Therefore, courts take drink driving offences very seriously. 

Because it is a criminal offence you will have to enter a plea of guilty or not guilty at court. If you plead guilty or are found guilty, the court can convict you. This conviction will appear on your criminal record and it will mean that your licence is disqualified. 

Licence disqualification and often the interlock must be imposed when you are convicted.

You cannot offer to do Community Service or pay a bigger fine to avoid having your licence disqualified. 

If you’ve been caught drink driving, it is important you get legal advice now. Our experienced criminal lawyers will guide you.

We offer fixed fees for drink driving matters and have a clear and simple process to help you through this experience and your first consultation with us is completely free. 

What happens at court will depend upon the kind of AVO you have been served with, and whether or not you have been charged with a criminal offence too.

On the first court date, if there are no charges,  you will be asked if you want to consent to the AVO or if you want to contest the AVO.

If you decide to contest the AVO then the court will order a timetable of important dates. These dates are:

  1. The Applicant file and serve their evidence:
    In most cases the Applicant is the police. The first important date on the timetable is the date they have to file their evidence. Usually this involves the Applicant sending their statements and any other material they’re going to rely upon to the court registry.
  2. The Defence file and serve their evidence:
    The second important date in the timetable is the date where the Defence have to respond to the evidence of the Applicant. You or your lawyer will prepare statements and evidence you intend to rely on at a hearing and file it at the court registry.
  3. Compliance check date:
    Before the matter can go to a hearing, the court makes sure that everyone has complied with the timetable at a compliance check mention date. If a party hasn’t complied with the timetable then an argument can be made to either finalise or dismiss the AVO.
  4. Hearing:
    At a hearing for an ADVO or APVO the Magistrate will read all of the evidence filed by the parties. Witnesses then need to give evidence and are then often cross examined. The Magistrate will then decide, on the balance of probabilities, if they should make a final AVO or not.

Joshua Blom Lawyers are experts in helping people deal with their drink driving matters.

We are with you throughout the entire process, from the initial free consultation, to negotiating with the police,  and most importantly to advocating on your behalf at court for the best possible outcome.

IF YOU'VE BEEN CHARGED WITH DRINK DRIVING

Speak with us now. We represent our clients in drink driving matters on an almost daily basis and we attend all NSW Courts for the following drink driving offences:

  • SPECIAL RANGE PCA
  • NOVICE RANGE PCA
  • LOW RANGE PCA
  • MID RANGE PCA
  • HIGH RANGE
  • REFUSE/FAIL BREATH TEST
  • REFUSE/FAIL BREATH ANALYSIS

Our in-court experience and background representing hundreds of clients in drink driving matters, means we are ready to guide you through the legal process, and we specialise in getting the best possible results in drink driving matters.

Table of Drink Driving Penalties

TWO CONVENIENT OFFICE LOCATIONS

Sydney

The Southern Highlands