“According to Transport NSW, 80% of fatal drink-driving crashes have occurred on country roads with almost a third of all fatal and serious alcohol involved accidents caused by young drivers”. ‘As a result the police were on a campaign for the Christmas 2018-19 holidays on small towns and back roads. They plan to put in place breath testing strategies in order to curb the Christmas holiday road toll, in addition to new driving penalties having come into force’; this was reported by news.com.au.  The NSW Traffic and Highway Patrol Assistant Commissioner was recorded as stating the following, “We will be targeting these small communities where you may not have seen a RBT done for some time because we think complacency is the issue with drink driving. What we want to do is curb the belief that you can have a few drinks in a small community and not be pulled over for a RBT.”
 
While drink driving is an offence in itself, it often leads to speeding offences, street racing offences, negligent driving as well as causing traffic accidents. The penalties associated with drink driving are determined by an individual’s blood alcohol content. The law separates different ranges of blood alcohol content by different groupings, these are novice range, special range, low range, mid-range and high range. “The novice range is whereby a driver’s blood alcohol content is 0.00 - 0.02; it can result in a maximum fine of $1 100, a 6-month automatic disqualification and a minimum disqualification of 3 months for first offenders. Second and subsequent offenders will have a $2 200 maximum fine imposed, a 3-month automatic disqualification, a minimum of 1 month disqualification and a 12 month interlock period. Regarding high range offences this is whereby the blood alcohol content is 0.15 and above. First time offenders can be disqualified for a minimum of six months, pay a maximum fine of $3 300, be imprisoned for no more than 18 months and have an interlock period of 2 years imposed”, a drink driving lawyer commented.

 It is important to realise that when a person appears before the court for a traffic offence a copy of their NSW Criminal Record and NSW Roads and Maritime traffic history is given to the court by the prosecution. In the event that the individual has been convicted of a major traffic offence in the last 5 years they will be sentenced for the current traffic offence as being a second offence. This attracts second offence penalties. However, if that person has been charged for the same offence or any other major offence where they were convicted more than 5 years ago, they will be sentenced under the first offence penalties.

When it comes to issues relating to fines and imprisonment the law is not prescriptive. The court takes into account the personal circumstances of the offender, the circumstances of the offence and the offender’s prior traffic and criminal history and these are the determining factors. However, the court is bound to impose a sentence pursuant to the guidelines unless the individual is dealt with under Section 10 of the Crimes Act.

If you have been charged with drink driving in Sydney, contact drink driving lawyers Sydney for legal representation and advice.

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