Sydney Drink Driving Lawyers

With Sydney Criminal Lawyers, you can be sure that:

1. You will know which lawyer will represent you in Court;
 
2. That your lawyer is experienced in drink driving cases and respected by magistrates; and

3. Exactly how much your case will cost - from start to finish.

Our lawyers are vastly experienced and highly successful in drink driving cases.

Each lawyer has regularly represented clients in drink driving cases for at least a decade and has a proven track record in obtaining excellent results.

Those results are far better than official sentencing statistics (see below) and we pride ourselves on getting 'Section 10s' (no conviction / disqualification) in cases where other lawyers simply can't (see our traffic law results).

We offer fixed fees for drink driving cases (see our 'fixed fees' page) and an Accredited Specialist Guarantee; so you will be represented by the very best drink driving lawyer, not by a 'junior lawyer' or a lawyer who hasn't been certified as an expert by the Law Society of NSW.

Our drink driving lawyers have an in-depth knowledge of releant laws, and are often able to defend and win cases where police have not complied with those rules.

Where appropriate, we can get 'pharmacologists' to prepare reports showing that your blood alcohol concentration was less when driving than later when analysed at the police station.
 
Those reports can, for example, persuade police to reduce a charge of 'high range' to 'mid' or 'low range drink driving'.

In many cases, we have used reports to persuade police to withdraw cases altogether or to win cases in court.

We understand how important your licence and good record are, and will fight for you every step of the way.
 
Our drink driving lawyers will accurately advise you of your options, including the 'Alcohol Interlock Program', 'Traffic Offender Program', Sober Driver Program and will aggressively defend your licence and your reputation.

Novice Range Drink Driving  is where a learner or provisional licence holder drives with a blood alcohol concentration between 0.001 and 0.019.

If you are convicted of 'novice range drink driving', you must be disqualified from driving.

However, if you are 'guilty' and the court deals with you under 'section 10' (no conviction), you will not be disqualified.

1st Offence
The 'automatic period of disqualification' is 6 months if you haven't been convicted of another 'major traffic offence' within the previous 5 years.

The Magistrate can reduce that disqualification period to a 'minimum' of 3 months.

The maximum fine is $1,100.00.

Sentencing Statistics

The following are official sentencing statistics for novice range drink driving.

They are published by the Judicial Commission of NSW and current as at October 2011.

Number of Cases	1488
Section 10 Dismissal	7%
Section 10 Bond	33 %
Section 10A (+ disqualification)	1%
Fine (+ disqualification)	58%
Community Service Order (+ disqualification)	<1%
Suspended Sentence (+ disqualification)	0%
Intensive Correction Order (+ disqualification)	0%
Periodic Detention (no longer applicable)	0%
Home Detention (+ disqualification)	0%
Prison (+ disqualification)	0%

2nd or Subsequent Offence
If it is your 2nd or more 'major traffic offence' within 5 years, the 'automatic period of disqualification' is 12 months.

The Magistrate can reduce that disqualification period to a 'minimum' of 6 months.

The maximum fine is $2,200.00.

In either case, the Magistrate can choose to deal with the matter under 'section 10' ie without conviction, disqualification or fine.

Sentencing Statistics - Second or Subsequent Offence

Number of Cases	45
Section 10 Dismissal	4 %
Section 10 Bond	11%
Section 10A (+ disqualification)	0%
Fine (+ disqualification)	84%
Community Service Order (+ disqualification)	0 %
Suspended Sentence (+ disqualification)	0%
Intensive Correction Order (+ disqualification)	0%
Periodic Detention (no longer applicable)	0%
Home Detention (+ disqualification)	0%
Prison (+ disqualification)	0%

Special Range Drink Driving  is where a special category licence holder drives with a blood alcohol concentration between 0.020 and 0.049.

If the court convicts you of of 'special range drink driving', it must disqualify you from driving.

However, if you are 'guilty' and the court deals with you under 'section 10' (no conviction), you will not be disqualified.

1st Offence
The 'automatic period of disqualification' is 6 months if you have not been convicted of another 'major traffic offence' within the previous 5 years.

The Magistrate can reduce that disqualification period to a 'minimum' of 3 months.

The maximum fine is $1,100.00.

2nd or Subsequent Offence
If it is your 2nd or more 'major traffic offence' within 5 years, the 'automatic period of disqualification' is 12 months.

The Magistrate can reduce that disqualification period to a 'minimum' of 6 months.

The maximum fine is $2,200.00.

In either case, the Magistrate can choose to deal with the matter under 'section 10' ie without conviction, disqualification or fine.

Sentencing Statistics

The following are official sentencing statistics for special range drink driving.

They are published by the Judicial Commission of NSW and current as at October 2011.

Number of Cases	5059
Section 10 Dismissal	3%
Section 10 Bond	23%
Section 10A (+ disqualification)	1 %
Fine (+ disqualification)	72%
Community Service Order (+ disqualification)	0 %
Suspended Sentence (+ disqualification)	0%
Intensive Correction Order (+ disqualification)	0%
Periodic Detention (no longer applicable)	0%
Home Detention (+ disqualification)	0%
Prison (+ disqualification)	0%

Low Range Drink Driving  is where your drives a motor vehicle with a blood alcohol concentration between 0.050 and 0.079.

If the court convicts you of 'low range drink driving', it must disqualify you from driving.

However, if you are 'guilty' and the court deals with you under 'section 10' (no conviction), you will not be disqualified.

1st Offence
The 'automatic period of disqualification' is 6 months if you have not been convicted of another 'major traffic offence' within the previous 5 years.

The Magistrate can reduce that disqualification period to a 'minimum' of 3 months.

The maximum fine is $1,100.00. 

2nd or Subsequent Offence
If it is your 2nd or more 'major traffic offence' within 5 years, the 'automatic period of disqualification' is 12 months.

The Magistrate can reduce that disqualification period to a 'minimum' of 6 months.

The maximum fine is $2,200.00.

In either case, the Magistrate can choose to deal with the matter under 'section 10' ie without conviction, disqualification or fine.

Sentencing Statistics

The following are official sentencing statistics for low range drink driving.

They are published by the Judicial Commission of NSW and current as at October 2011.

Number of Cases	28382
Section 10 Dismissal	7%
Section 10 Bond	34%
Section 10A (+ disqualification)	1%
Fine (+ disqualification)	57%
Section 9 Bond (+ disqualification)	1%
Community Service Order (+ disqualification)	0%
Intensive Correction Order (+ disqualification)	0%
Suspended Sentence (+ disqualification)	0%
Home Detention (+ disqualification)	0%
Prison (+ disqualification)	0%

Mid Range Drink Driving  is where your drive a motor vehicle with a blood alcohol concentration between 0.080 and 0.149.

If the court convicts you of 'mid range drink driving', it must disqualify you from driving.

However, if you are 'guilty' and the court deals with you under 'section 10' (no conviction), you will not be disqualified..

1st Offence
The 'automatic period of disqualification' is 12 months if you have not been convicted of another 'major traffic offence' within the previous 5 years.

The Magistrate can reduce that disqualification period to a 'minimum' of 6 months.

There is a maximum prison sentence of 9 months and/or a fine of up to $2,200.00.

2nd or Subsequent Offence
If it is your 2nd or more 'major traffic offence' within 5 years, the 'automatic period of disqualification' is 3 years.

The Magistrate can reduce that disqualification period to a 'minimum' of 12 months.

There is a maximum prison sentence of up to 12 months and/or a fine of up to $3,300.00.

In either case, the Magistrate can choose to deal with the matter under 'section 10' ie without conviction, disqualification or fine.

Sentencing Statistics

The following are official sentencing statistics for middle range drink driving.

They are published by the Judicial Commission of NSW and current as at October 2011.

Number of Cases	42638
Section 10 Dismissal	1%
Section 10 Bond	14%
Section 10A (+ disqualification)	0%
Fine (+ disqualification)	66%
Section 9 Bond (+ disqualification)	13%
Community Service Order (+ disqualification)	3%
Suspended Sentence (+ disqualification)	1%
Periodic Detention (no longer applicable)	0%
Home Detention (+ disqualification)	0%
Prison (+ disqualification)	1%

High Range Drink Driving  is where you drive a motor vehicle with a blood alcohol concentration of at least 0.150.

If the court convicts a person of 'high range drink driving', it must disqualify him or her from driving for a period of time.

High Range PCA is a serious offence especially if there has been a crash.

In 2004, the NSW Court of Criminal Appeal handed-down a 'guideline judgement' on High Range PCA (see below) which basically told the lower courts not to treat offenders leniently.

Since that time, the sentences imposed for persons convicted of 'high range drink driving' have increased significantly.

It is therefore important to treat 'high range drink driving' cases very seriously.

1st Offence
The 'automatic period of disqualification' is 2 years if you have not been convicted of another 'major traffic offence' within the previous 5 years.

The Magistrate can reduce that disqualification period to a 'minimum' of 12 months.

There is a maximum prison sentence of 18 months and/or fine of up to $3,300.00.

2nd or Subsequent Offence
If it is your 2nd or more 'major traffic offence' within 5 years, the 'automatic period of disqualification' is 5 years.

The Magistrate can reduce that disqualification period to a 'minimum' of 2 years.

There is a maximum prison sentence of 2 years and/or fine of up to $5,500.00.

Even in cases of 'high range drink driving', Magistrate can choose to deal with the matter under 'section 10' ie without conviction, disqualification or fine.

Sydney Criminal Lawyers has, on many occasions, obtained 'section 10's' for client's charged with 'high range drink driving'.

Sentencing Statistics

The following are official sentencing statistics for high range drink driving.

They are published by the Judicial Commission of NSW and current as at October 2011.

Number of Cases	15447
Section 10 Dismissal	0%
Section 10 Bond	2%
Section 10A (+ disqualification)	0%
Fine (+ disqualification)	41%
Section 9 Bond (+ disqualification)	29%
Community Service Order (+ disqualification)	11%
Suspended Sentence (+ disqualification)	2%
Periodic Detention (no longer applicable)	2%
Home Detention (+ disqualification)	1%
Prison (+ disqualification)	5%

The 'automatic period of disqualification' is the period you will normally be disqualified for a particular 'drink driving' offence (eg 12 months is the 'automatic period' for a mid range pca, first offence).

The 'minimum period of disqualification' is the shortest possible time that you can be disqualified (eg 6 months is the 'minimum period' for a mid range pca, first offence).

However, you will not be disqualified at all if the Magistrate chooses to deal with you under 'section 10' (see below).

The short answer is that ‘Yes’, your disqualification period will commence from the day police issued you with a ‘suspension notice’, which is usually the day you were pulled over and tested.

Until October 2011, Magistrates in drink driving cases would simply ‘backdate’ disqualification periods to date of the police suspension.

So, for example, if police suspended you on 1^st July 2011 but the case was not finalised until 1^st September 2011, the Magistrate would simply order that the court disqualification commences on 1^st July 2011.

However, the Supreme Court in  RTA v O'Sullivan [2011] NSWSC 1258 found that this ‘backdating’ is not legal.

Rather, Magistrates must now order that the Roads & Maritime Services (formerly the RTA) take into account any suspension period served by the driver.

That requirement is contained in section 205(6)(a) of the Road Transport (General) Act 2005 which states that:

'the court must take into account the period of suspension... when deciding' the disqualification period.

This means that the court must give credit for any suspension period already served. 

Section 10 is where you plead 'guilty' (or are found 'guilty') but the Magistrate chooses not to disqualify you from driving or to give you a criminal conviction.

The Magistrate will usually only do this if you are of good character, are remorseful, are unlikely to reoffend, have a very strong need for your licence and where it is justified by the circumstances of the case.

To prove this to the Magistrate, we will suggest that you obtain up to 3 character references from people who have known you for some time eg employers, former employers, long-time friends. 

We have a Character Reference Guide to assist you with this.

It will help if at least one of those references is from a work colleague or someone who can outline the importance of your licence for work.

We may advise you to undertake a 'traffic offender intervention program', which can help persuade the Magistrate to treat you leniently.

We will do everything possible to obtain the best result in your particular case, and we are proud to often get 'section 10s' where other criminal lawyers are unable to do so (see our traffic results page).

If you are convicted of 3 or more 'major traffic offences' (including 'drink driving') within a 5 year period, you will normally be declared a 'habitual traffic offender'.

This means that the Roads and Maritime Services (formerly the 'RTA') will automatically add 5 years to the period of disqualification imposed by the court.

If you are in danger of being declared a habitual offender, Sydney Criminal Lawyers will work to persuade the Magistrate to 'quash' that declaration, so that the 'RMS' cannot impose the additional disqualfication period.

If you have already been declared a habitual traffic offender, Sydney Criminal Lawyers can apply to the court at any time to have the declaration quashed.

For more information, see our Habitual Offender Declaration page.

Drink Driving Offence	Penalties	1st Offence	2 + Offence
High Range PCA	Maximum Fine	$3300	$5500
	Maximum Prison Sentence	18 months	2 years
	Automatic Disqualification	3 years	5 years
	Minimum Disqualification	12 months	2 years
	Maximum Disqualification	Unlimited	Unlimited
Mid Range PCA	Maximum Fine	$2200	$3300
	Maximum Prison Sentence	9 months	12 months
	Automatic Disqualification	12 months	3 years
	Minimum Disqualification	6 months	12 months
	Maximum Disqualification	Unlimited	Unlimited
Low / Novice / Special Range PCA	Maximum Fine	$1100	$1100
	Maximum Prison Sentence	NIL	NIL
	Automatic Disqualification	6 months	12 months
	Minimum Disqualification	3 months	6 months
	Maximum Disqualification	6 months	Unlimited

On 8th September 2004, the NSW Court of Criminal Appeal handed-down a 'guideline judgement' on high range drink driving.

A 'guideline judgement' is a set of rules that courts should generally follow when sentencing a person for a particular offence.

The 'guideline' for 'high range drink driving' is as follows.

The Guideline

(1) In an 'ordinary case' of an offence of high range PCA:

• an order under 'section 10' (no conviction) will rarely be appropriate,
• a conviction cannot be avoided only because the offender has attended, or will attend, a driver education or awareness course,
• the automatic disqualification will be appropriate unless there is a good reason to reduce the period of disqualification.

A 'good reason' to reduce the automatic period may include:

• the nature of the offender's employment,
• the absence of any viable alternative transport, and
• sickness or infirmity of the offender or another person.

(2) In an ordinary case of a second or subsequent high range PCA offence:

• a good behaviour bond under 'section 9' (with a conviction) will rarely be enough punishment,
• an order under 'section 10' (no conviction) will very rarely be appropriate, and
• where the prior offence was a high range PCA, any sentence less severe than a community service order will generally be enough punishment. 

(3) The 'moral culpability' of a high range PCA offender is increased by:

• the degree of intoxication above 0.15,
• erratic or aggressive driving,
• a collision,
• competitive driving or showing off,
• the length of the journey,
• the number of persons put at risk by the driving.

(4) In a case where the moral culpability of a high range PCA offender is increased:

• an order under sections 9 or 10 would very rarely be appropriate,
• where more than one aggravating factor is present to a significant degree, a sentence less than prison of some kind, including a suspended sentence, would generally be inappropriate.

(5) In a case where the moral culpability of the offender of a second or subsequent high range PCA is increased:

• a sentence of any less severity than imprisonment of some kind would generally be inappropriate,
• where more than one aggravating factor is present to a significant degree or where the prior offence is a high range PCA, a sentence less severe than full time imprisonment would generally be inappropriate.

What is an 'Ordinary Case'?

An 'ordinary' high range drink driving case is where:

• there was a random breath test,
• the offender has prior good character,
• the offender has nil, or a minor, traffic record,
• the offender's licence was suspended on detection,
• the offender pleaded guilty,
• there is little or no risk of re-offending,
• the offender would be significantly inconvenienced by a loss of licence.

The guideline makes it clear that the following factors may justify leniency:

• strong need for a licence,
• completing a traffic offender program,
• driving that occurred due to an emergency or safety or another unforeseen reason, rather than for convenience.

If you are charged with high range drink driving, Sydney Criminal Lawyers will work within the guideline to bring about the best possible result.

The most common defences to 'drink driving' are:

Unsafe Reading

The most frequent defence to 'drink driving' is that a driver's blood alcohol concentration may have been lower at the time of driving than later when analysed by police.

Studies make it clear that a person's blood alcohol concentration rises for between 30 minutes and 1 hour after their last alcoholic drink.

This means, for example, that if someone has a few 'quick drinks' and gets 'behind the wheel' their blood alcohol concentration may be significantly lower when driving than 30 minutes or an hour later when tested on the 'breath analysis' machine.

Several factors can determine whether a driver's reading when driving was likely to be lower than when tested.

These factors include:

• age, sex and weight,
• when and what food was consumed,
• number and type of alcoholic drinks,
• time of first and last drink,
• time of 'roadside breath test', and
• time of 'breath analysis'.

At your first conference with Sydney Criminal Lawyers, we will assess whether your blood alcohol concentration may have been lower at the time of driving than later when analysed.

If there is a possibility, we can obtain a 'pharmacological report' that can be used to:

• request withdrawal of the charge;
• request reduction of the charge-type, eg from 'mid range PCA' to 'low range PCA', and/or
• to defend the charge at a hearing.

The 'Two-Hour' Rule

Police are not permitted to breath test a person more than 2 hours after the person last drove.

If they do so, the evidence can be excluded by the court.

If it appears that police may have broken this rule, Sydney Criminal Lawyers will notify them and request that they withdraw the charge.

If they nevertheless proceed with the case, we will fight to have the evidence excluded and costs awarded in your favour.

The 'Home Safely' Rule

Similarly, it is illegal for police to require a person to undergo a breath test on his or her own property.

If they do so, the evidence can be excluded by the court.

Honest and Reasonable Mistake

This defence is available to persons who 'honestly and reasonably' believed they were under the limit when driving.

It is often easy to prove that a person's mistake was 'honest'.

However, it is becoming more and more difficult to prove that it was 'reasonable'.

This is because there is so much advertising about not 'drinking and driving' at all.