One study shows that since the beginning of 2018 to December 3, 2018 there were 330 deaths on NSW roads. Another study showed that one in nine drunk driving tests are positive in NSW. This has resulted in new laws being passed with regards to drink driving offenses. The new laws are to do with the use of interlock devices and instant disqualification for the worst offenders.

One article stated that, “Mid-range drink drivers, those detected with a blood alcohol levels between 0.08 and 0.15, will spend at least 3 months disqualified under the new laws.” In addition, to this disqualification the drivers will also have an alcohol interlock device installed in their vehicles for 12 months. It must be noted that alcohol interlock devices have been reserved for high range and repeat offenders. However, mid-range drink driving offenders will now need to supply a clear breath test in order to start the vehicle’s ignition.
With regards to high risk drink drivers, they will face harsher penalties that include their number plates and vehicles being taken away from them for 3 months on the spot if found by police.

With the statistics of road deaths in NSW, despite the fall from 2017, the NSW Minister of Roads, Melinda Pavey said in a statement that, “We all know drink driving is unacceptable and now the penalty is swift.” The Minister said that 55 of the fatalities in 2017 road toll were alcohol related accidents and about 6 000 people in NSW are charged with first-time mid-range drink driving offences.

It must be noted though that in NSW a penalty notice cannot be given for drink driving charges. This basically means that if a police officer suspects that you would drink driving you would be issued with a court attendance notice that requires you to attend court and face a magistrate. It is then at the magistrates’ discretion to impose an appropriate sentence depending on the individual case and the circumstances in order to achieve an outcome. However, the reasoning of the Minister of Roads is that by empowering police officers to issue on-the-spot fines will reduce the pressure on the court resources due to a reduction in cases and serve as a better deterrent than requiring the offenders to attend court.

“The idea of having to stand before a magistrate in a court full of people, trying to explain your actions, that in itself is a strong deterrent for most people. In addition, to the fact that there’s a high chance of leaving court with a criminal record which directly affects your chances of employment is strong enough to deter any individual from drink driving. The on-the-spot fines literally jump over the judicial process of discretion left to the Magistrate and squarely leave this in the bosom of police officers”, attorney Uzma Abbas commented.
 
The reality is that the new NSW laws relating to drink driving offences are extremely harsh compared to the existing laws. Therefore, if you are charged with a drink driving offence such as mid-range drink-driving in NSW ensure that you have a criminal lawyer on your side to represent your interests.

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ETB Legal is a law firm of renowned professionals who specialise in criminal matters. Contact an ETB Legal attorney for drink driving and speeding offences in NSW.