Drink Driving Offences: D.U.I. & P.C.A.
Penalties for drink driving:
 |
High Range PCA (0.15 or above)
(PCA: Prescribed Concentration of Alcohol) |
| |
1st Offence : |
Fine upto $3,300
Upto 18 months gaol
Disq 1 yr mini, 3 yr Automatic |
| |
2nd Offence: |
Fine upto $5,500
Upto 2 yrs gaol
Disq 2 yr min, 5 yr Auto |
 |
Mid Range PCA (0.08 to 0.15) & DUI |
| |
1st Offence : |
Fine upto $2,200
Upto 9 months gaol
Disq 6 months min, 1 yr Auto |
| |
2nd Offence: |
Fine upto $3,300
Upto 1 yr gaol
Disq 1 yr min, 3 yr Auto |
 |
Low Range PCA
(0.05 up to 0.08)
Novice Range PCA (over zero)
Special Range PCA (over 0.02) |
| |
1st Offence : |
Fine upto $1,100
Nil gaol
Disq 3 months min, 6 m Auto-Max |
| |
2nd Offence: |
Fine upto $2,200
Nil gaol
Disq 6 month min,12 m Auto-Max |
We can give you an idea of the penalty your case is likely to receive or we can conduct an appeal if your current matter has gone wrong.
If you are caught and you are intending to plead guilty then you need our services to persuasively communicate your point of view to the Court. The penalty should be reasonably proportionate to the offence. A good lawyer, skill and technique can make a difference in the final outcome. You do not need a lawyer just to advise you what the maximum penalty is - the RTA can do that. Rather you need a competent lawyer to effectively present your case and persuade the Magistrate or Judge with your mitigating circumstances.
We are frequently conducting appeals from the Local Court. We are recommended or referred many appeals. Also, you may have overlooked a defence. The police may make a mistake when they breath test you: Bunning v Cross (1978) 141 CLR 54, 52 ALJR. Are you under an exemption to undertake a breath test? See s. 17 Road Transport (Safety and Traffic Management Act); DPP v Skewes [2002] NSWCCA 1008. We will advise you of your defence options.
Our lawyer advocates have the experience skills and knowledge to help you safeguard your licence career and family.
The reality in Court is that Magistrates are tough on drink driving due to the death and carnage occurring on NSW roads. Cases are often reported in the media.
Speeding, negligent driving and disqualified drivers
"How efficient the NSW Police are ... the one time you drove under the influence of alcohol and they caught you!
I hope you have brought your toothbrush."
Sitting Local Court Magistrate in the western suburbs.
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