Drink driving offences

Drink Driving Lawyers Serving Nowra, Batemans Bay, the Southern Highlands, and Queanbeyan

Being charged with drink driving is a serious offence in New South Wales and can result in immediate licence suspension, heavy fines, a criminal record, and in some cases imprisonment. Even first-time offences carry mandatory penalties and can significantly affect your employment and daily life.

At Douglass & Ford, we provide experienced representation for all drink driving matters. With over 20 years of combined criminal law experience, our lawyers focus on reducing penalties, protecting your licence where possible, and achieving the best possible outcome in court.

How our drink driving lawyers can help you

We understand that losing your licence can have a major impact on your life. Our focus is on minimising penalties and protecting your future through:

• Careful review of police evidence: We examine breath analysis results, roadside testing procedures, police conduct, and device calibration records for errors.
• Challenging the charge where possible: We assess whether police followed correct legal procedures and whether there are grounds to dispute the accuracy or validity of the evidence.
• Licence protection strategies: We work to reduce disqualification periods and explore all available options to help you return to driving sooner.
• Court representation: We appear on your behalf and present detailed submissions to reduce penalties and avoid convictions where possible.
• Interlock and sentencing advice: We provide clear guidance on interlock orders, licence restrictions, and sentencing outcomes so you know what to expect.
• Legal Aid assistance: We assist eligible clients through Legal Aid for more serious or repeat drink driving matters.

What constitutes drink driving?

Drink driving (also known as PCA – Prescribed Concentration of Alcohol) occurs when you operate a motor vehicle with a blood alcohol concentration above the legal limit.

In NSW, drink driving offences are categorised as:

• Low Range PCA: 0.05 to 0.079 BAC
• Mid Range PCA: 0.08 to 0.149 BAC
• High Range PCA: 0.150 BAC and above

Even learner and provisional drivers must maintain a zero blood alcohol level.

To prove drink driving, the prosecution must show that:

• You were driving or in control of a vehicle
• You had a blood alcohol concentration above the legal limit
• The breath or blood testing procedure was valid and reliable

Types of penalties for drink driving

Penalties depend on your BAC level, driving history, and whether it is a first or repeat offence:

• Immediate licence suspension: Often applied at the roadside
• Fines: Vary depending on the level of offence
• Licence disqualification: Mandatory for all PCA offences
• Interlock orders: Require installation of a breath-testing device before driving
• Section 10 (non-conviction): Available in limited cases for low-range first offences
• Community Correction Orders (CCO): May include supervision or treatment programs
• Imprisonment: Possible for high-range or repeat offences

Factors the court considers in drink driving cases

When sentencing drink driving matters, the court considers:

• Your blood alcohol reading
• Driving behaviour at the time (accidents, speeding, or erratic driving)
• Whether anyone was placed at risk or injured
• Your prior driving and criminal history
• Whether it is a first offence
• Your need for a licence for work or family responsibilities
• Early guilty plea and cooperation with police
• Evidence of remorse and rehabilitation steps

Common drink driving offences and penalties in NSW

Legal defences to drink driving

Depending on the circumstances, you may have a valid defence, including:

• Faulty testing or procedure errors: Breath or blood testing may be challenged if police did not follow correct procedures.
• No driving or control: The prosecution must prove you were actually driving or in control of the vehicle.
• Medical or exceptional circumstances: Rare medical issues may affect test results or legal responsibility.
• Honest and reasonable mistake (limited cases): In specific situations, mistaken belief about compliance may be relevant.