According to the news and events page on the NSW government website there is an article advising drivers who commit a low range drink driving offence that they will lose their licences on the spot under the new laws that will be introduced in mid-2019. The article provides the following information, “Under the new laws, any driver who commits a low range drink driving offence would be fined $561 and lose their licence immediately for three months. Penalties for first time drug presence offences detected on the roadside via NSW‘s mobile drug testing (MDT) program will include a fine and a three month licence suspension. From December 2018 first time mid-range offenders will need to have an alcohol interlock device installed to prove they can separate their drinking from driving. Repeat offenders will face vehicle sanctions, including licence plate confiscation and vehicle impoundment.” The move to tighten the reins on drink driving penalties is as a result of the statistics associated with drink-driving each year. 

Melinda Pavey of the NSW Roads, Maritime and Freight Minister was reported as saying that, “The 0.05 limit has been in place in NSW for almost 38 years. (The measures are) about driving home to the community that they are no more excuses..... The message the community is powerful. Have a Plan B. Because if you drink drive, you will be caught, and you will lose your licence.” With that in mind it is important to separate the myths from the facts associated with drink-driving in NSW.

Drink driving is a criminal charge

Attorney Uzma Abbas stated the following in this regard, “This statement is true; it is a criminal offence under the Transport Act 2013 NSW for an individual to drive or try to put a vehicle in motion on an NSW road with an alcohol concentration of between 0.01 and above 0.15.” One article stated that “some people believe that drink-driving is a civil matter separating it from crimes such as acts of assault. While assault is clearly different from drink driving; drink driving may result in a criminal conviction, a fine and a licence disqualification; even for first time offenders.”

A breath test alone is enough to charge you with a drink driving offence.

A roadside breath test is not enough for a driver to be charged with a drink driving offence this is mainly because that such breath tests are prone to error. As a result police must perform additional tests using proper PCA equipment found at the police station or the booze and drug bus.

Alcohol levels can go up after being pulled over.

This statement is true; if your breath test shows a high reading the police will take you back to the station or a booze bus to perform a full accurate breath analysis. During this time it is possible, and not unusual, for blood alcohol levels to fluctuate; your BAC may either rise or decrease.

Once charged and found guilty you automatically get convicted.

This statement is false. To avoid a criminal conviction and licence disqualification even after pleading guilty to drink driving offence Sydney drink driving lawyers seek a Section 10 dismissal or Conditional Release Order without conviction.