NSW Drink Driving Penalties

Drink Driving Penalties NSW

Being pulled over for a drink driving or DUI offence can be a very traumatic experience—and, one that can become worse if you’re not aware of the laws pertaining to driving under influence. Not to mention, for a lot of people, it is often their first brush with the criminal justice system and they have zero idea of what is it like to face the court after being arrested for DUI.

NSW Drink Driving Penalties

The Maximum Penalty for Driving Under the Influence in NSW

As a start, it’s worth knowing the Drink Driving Penalties NSW someone faces for breaking DUI law depends, to a large extent, on the degree by which they have exceeded their limit. This is why there are different categories of offence for low, middle and high range prescribed concentration of alcohol (PCA) offences. But what is the maximum someone can be penalised for driving under influence in NSW? We’ll discuss the different types of drink driving offences and the maximum NSW Drink Driving Penalty’s they incur.

High Range PCA

If the breathalyser test shows your blood alcohol concentration (BAC) to be 0.15 or above, it falls under the category of High Range PCA. Alternatively, if you refuse or resist a breathalyser test and/or giving a blood sample, or deliberately induce changes in the concentration in blood, the following penalties (as applicable for High Range PCA) also applies to you.

Penalty First offence Second or subsequent offence
Max. court imposed fine $3,300 $5,500
Max. imprisonment 18 months 2 years
Min. disqualification 12 months 2 years
Max. disqualification Unlimited Unlimited
Automatic disqualification (disqualification period applicable in the absence of a specific court order) 3 years 5 years
Immediate licence suspension Yes Yes

 

Mid-Range PCA Drink Driving Penalties NSW

If your BAC level is found to be 0.08 to less than 0.15, you will face NSW Drink Driving Penalties for Mid-Range PCA.

Penalty First offence Second or subsequent offence
Max. court imposed fine $2,200 $3,300
Max. imprisonment 9 months 12 months
Min. disqualification 6 months 12 months
Max. disqualification Unlimited Unlimited
Automatic disqualification (disqualification period applicable in the absence of a specific court order) 12 months 3 years
Immediate licence suspension Yes Yes

 

Novice, Special, and Low Range PCA

If you’ve learnt to drive only recently, you could be penalised for Novice Range PCA if your BAC is found to be over zero. The BAC level is over 0.02 for special category drivers (Special Range PCA) and 0.05 to less than 0.08 for Low Range PCA. The maximum NSW Drink Driving Penalties NSW and jail terms for each of these categories is same.

Penalty First offence Second or subsequent offence
Max. court imposed fine $1,100 $2,200
Max. imprisonment Nil Nil
Min. disqualification 3 months 6 months
Max. disqualification 6 months Unlimited
Automatic disqualification (disqualification period applicable in the absence of a specific court order) 6 months 12 months
Immediate licence suspension No No

 

As the government is constantly making more stringent amendments in DUI laws and bringing stricter penalties for NSW drivers charged with drink driving offences, the aforementioned information may not remain the same. Therefore, it’s best to refresh your knowledge about current DUI laws and NSW Drink Driving Penalties NSW every now and then.

In the event that you do get convicted for DUI charges, always consult a DUI lawyer.

 

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