Trusted Drink Driving Lawyer Sydney Nsw
Drink Driving Offences
In New South Wales, drink driving is considered a serious offence due to its potential risk to public safety and the community with heavy penalties, including fines, imprisonment and lengthy disqualifications. If you are looking for the best drink driving lawyer in Sydney, look no further than IMS Lawyers Australia.. We specialise in drink driving cases and we assist in steps of the process. It is important to prepare your case early, and we can assist with gathering the right documents to give yourself the best chance of a great outcome.
What is the Law?
Drink driving offences are criminalised under Section 110 of the Road Transport Act 2013 (NSW). There are five categories of drink driving based on blood alcohol concentration (BAC):
- Novice range (0.00 to 0.019): Applies to learner, P1/P2 drivers, and interlock licence holders.
- Special range (0.02 to 0.049): Applies to learner, P1/P2 drivers, bus drivers, taxi drivers, and interlock licence holders.
- Low range (0.05 to 0.079)
- Mid-range (0.08 to 0.149)
- High range (0.15 and higher)
BAC is measured based on the amount of alcohol in 210 litres of breath or 100 millilitres of blood.
Penalties for Drink Driving
Penalties vary depending on the BAC level and whether the offence is a first or subsequent offence. The lower your BAC, the more likely you are to receive a non-conviction penalty. To give yourself the possible chance of avoiding a criminal conviction you need the best drink driving lawyers in Sydney by your side.
Novice, Low and Special Range
First Offence
- Fine: Up to $2,200
- Disqualification: Minimum 3 months, maximum 6 months
- Interlock: Not applicable
- Imprisonment: Not applicable
Novice, Low and Special Range
Second or subsequent offence:
- Fine: Up to $3,300
- Disqualification with interlock: Minimum 1 month, maximum 3 months
- Without interlock: Minimum 6 months, maximum 12 months
- Interlock: 1 years
- Imprisonment: Not applicable
Mid Range
First Offence
- Fine: Up to $2,200
- Disqualification with interlock: Minimum 3 months, maximum 6 months
- Without interlock: Minimum 6 months, maximum 1 year
- Interlock: 1 year
- Imprisonment: Up to 9 months
Mid Range
Second or subsequent offence:
- Fine: Up to $3,300
- Disqualification with interlock: Minimum 6 months, maximum 9 months
- Without interlock: Minimum 1 year, maximum 3 years
- Interlock: 2 years
- Imprisonment: Up to 12 months
High Range
First Offence
- Fine: Up to $3,300
- Disqualification with interlock: Minimum 6 months, maximum 9 months
- Without interlock: Minimum 1 year, maximum 3 years
- Interlock: 2 years
- Imprisonment: Up to 18 months
High Range
Second or subsequent offence:
- Fine: Up to $5,500
- Disqualification with interlock: Minimum 9 months, maximum 1 year
- Without interlock: Minimum 2 years, maximum 5 years
- Interlock: 4 years
- Imprisonment: Up to 2 years .
Aggravating factors that may increase penalties include:
- A collision with other vehicles, property, or people.
- Erratic or dangerous driving.
- Long journeys or extended periods of driving.
- The degree of intoxication.
- Presence of passengers in the vehicle.
Need a Drink Driving Lawyer Sydney?
Drink driving charges carry serious consequences. IMS Lawyers Australia can help you navigate the legal process and work toward a non-conviction outcome, where possible.
Contact IMS Lawyers Australia today for expert legal advice and assistance and for the best drink driving lawyers in Sydney.
What are the different ranges of drink driving in NSW?
In NSW, drink driving offences are divided into novice, special, low, mid and high range categories based on your blood alcohol concentration (BAC). The higher your BAC and the more serious the circumstances, the heavier the penalties and the greater the risk of licence disqualification and imprisonment.
Will I lose my licence if I am charged with drink driving?
Most drink driving offences carry mandatory licence disqualification periods and interlock orders, although the length of time depends on your BAC range and whether it is a first or subsequent offence. In some cases, the court may consider non-conviction options without disqualifications, which a drink driving lawyer can argue for on your behalf.
How can a drink driving lawyer help my case?
A drink driving lawyer can examine the circumstances of your arrest, the accuracy of the breath test, and your traffic history to identify any legal or technical issues. They can then prepare submissions, gather supporting material and appear in court to seek the most favourable outcome, including reduced penalties or avoiding a conviction where possible.
What is an interlock order and will it apply to me?
An interlock order requires you to install an alcohol interlock device in your vehicle, which prevents it from starting if alcohol is detected in your breath. Interlock orders are mandatory if you are convicted of mid and high range offences. A lawyer can explain if you can be exempt, what the program involves, and how it affects your disqualification period.
Should I get legal advice before going to court for drink driving?
Yes. Early legal advice helps you understand the likely penalties, what the court will consider, and what steps you can take before your hearing, such as completing a traffic or alcohol education program. Preparation with an experienced drink driving lawyer can significantly improve your prospects of a more lenient result.
