NSW DRINK DRIVING INFORMATION & LAWS

 

NOVICE RANGE DRINK DRIVING INFORMATION

Novice Range PCA is a drink driving charge that is issued on a person when they deliver a Blood Alcohol Concentration of above 0.00 or but below 0.020. A Novice Range PCA offence is considered very serious since any Blood Alcohol reading over the Novice Range threshold is considered to have certain effects on the way the human body can function and in particular operate a motor vehicle. Heavy fines and penalties are reserved for Novice Range PCA offenders.

A person is deemed to have committed the offence of Novice Range PCA if their Blood Alcohol Concentration is above 0.00 but below 0.020.

Penalties for Novice Range Drink Driving

If you plead Guilty to a Novice Range drink driving offence or if you plead Not Guilty and lose then unless you can obtain a section 10 dismissal you will be convicted by the court and have your licence disqualified.

The Court has discretion whether or not to record a conviction against for your drink driving offence. In making its decision the Court will take into account a number of factors including your traffic history, traffic education, occupation, character, age, family and living situation plus many other objective and subjective issues. After taking into consideration these issues the court MAY decide to provide you with a one off reprieve and not issue you with a conviction. Section 10 of the Crimes (Sentencing Procedure) Act allows a court that finds a person guilty of Novice Range PCA the discretion not to impose a conviction against them.

If you receive a conviction by the Court for Novice Range PCA then it is mandatory for the Court to disqualify you from driving for a certain period of time. Legislation sets out a minimum period of disqualification should you be found guilty and receive a conviction.In saying this the legislation also sets out a maximum penalty or sentence that it can hand down, however this is usually reserved for repeat offenders or offences involving extreme aggravating circumstances.

In addition to the minimum and maximum penalties there is an automatic period of disqualification which a person can expect to receive unless they have very strong and convincing reasons why the court should not view the matter as a typical Novice Range PCA offence. The following penalties and disqualification periods apply for for an offence of Novice Range PCA:

1st major traffic / drink driving offence

  • A maximum fine of $1,100.00
  • A maximum disqualification period of 6 months
  • A minimum disqualification period of 3 months
  • An automatic disqualification period of 6 months

2nd or subsequent major traffic / drink driving offence within 5 years

  • A maximum fine of $2,200.00
  • An unlimited maximum disqualification period
  • A minimum disqualification period of 6 months
  • An automatic disqualification period of 12 months

Pursuant to relevant legislation the Court cannot issue a term of imprisonment or  or any other similar type of sentence regardless of your traffic history and prior offences.

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SPECIAL RANGE DRINK DRIVING INFORMATION

Special Range PCA is a drink driving charge that is issued on a person when they deliver a Blood Alcohol Concentration of 0.020 or higher but below 0.050. A Special Range PCA offence is considered very serious since any Blood Alcohol reading over the Special Range threshold is considered to have certain effects on the way the human body can function and in particular operate a motor vehicle. Heavy fines and penalties are reserved for Special Range PCA offenders and certainly a term of imprisonment is a possible outcome for serious offenders.

A person is deemed to have committed the offence of Special Range PCA if their Blood Alcohol Concentration is 0.020 or above but below 0.050.

Penalties for Special Range Drink Driving

If you plead Guilty to a Special Range drink driving offence or if you plead Not Guilty and lose then unless you can obtain a section 10 dismissal you will be convicted by the court and have your licence disqualified.

The Court has discretion whether or not to record a conviction against for your drink driving offence. In making its decision the Court will take into account a number of factors including your traffic history, traffic education, occupation, character, age, family and living situation plus many other objective and subjective issues. After taking into consideration these issues the court MAY decide to provide you with a one off reprieve and not issue you with a conviction. Section 10 of the Crimes (Sentencing Procedure) Act allows a court that finds a person guilty of Special Range PCA the discretion not to impose a conviction against them.

If you receive a conviction by the Court for Special Range PCA then it is mandatory for the Court to disqualify you from driving for a certain period of time. Legislation sets out a minimum period of disqualification should you be found guilty and receive a conviction.In saying this the legislation also sets out a maximum penalty or sentence that it can hand down, however this is usually reserved for repeat offenders or offences involving extreme aggravating circumstances.

In addition to the minimum and maximum penalties there is an automatic period of disqualification which a person can expect to receive unless they have very strong and convincing reasons why the court should not view the matter as a typical Special Range PCA offence. The following penalties and disqualification periods apply for for an offence of Special Range PCA:

First major traffic / drink driving offence

  • A maximum fine of $1,100.00
  • A maximum disqualification period of 6 months
  • A minimum disqualification period of 3 months
  • An automatic disqualification period of 6 months

2nd or subsequent major traffic / drink driving offence within 5 years

  • A maximum fine of $2,200.00
  • An unlimited maximum disqualification period
  • A minimum disqualification period of 6 months
  • An automatic disqualification period of 12 months

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LOW RANGE DRINK DRIVING INFORMATION

Low Range PCA is a drink driving charge that is issued on a person when they deliver a Blood Alcohol Concentration of 0.050 or higher but below 0.080. A Low Range PCA offence is considered very serious since any Blood Alcohol reading over the High Range threshold is considered to have certain effects on the way the human body can function and in particular operate a motor vehicle. Heavy fines and penalties are reserved for High Range PCA offenders.

A person is deemed to have committed the offence of Low Range PCA if their Blood Alcohol Concentration is 0.050 or above but below 0.080.

Penalties for Low Range Drink Driving

If you plead Guilty to a Low Range drink driving offence or if you plead Not Guilty and lose then unless you can obtain a section 10 dismissal you will be convicted by the court and have your licence disqualified.

The Court has discretion whether or not to record a conviction against for your drink driving offence. In making its decision the Court will take into account a number of factors including your traffic history, traffic education, occupation, character, age, family and living situation plus many other objective and subjective issues. After taking into consideration these issues the court MAY decide to provide you with a one off reprieve and not issue you with a conviction. Section 10 of the Crimes (Sentencing Procedure) Act allows a court that finds a person guilty of Low Range PCA the discretion not to impose a conviction against them.

If you receive a conviction by the Court for Low Range PCA then it is mandatory for the Court to disqualify you from driving for a certain period of time. Legislation sets out a minimum period of disqualification should you be found guilty and receive a conviction.In saying this the legislation also sets out a maximum penalty or sentence that it can hand down, however this is usually reserved for repeat offenders or offences involving extreme aggravating circumstances.

In addition to the minimum and maximum penalties there is an automatic period of disqualification which a person can expect to receive unless they have very strong and convincing reasons why the court should not view the matter as a typical Low Range PCA offence. The following penalties and disqualification periods apply for for an offence of Low Range PCA:

1st major traffic / drink driving offence

  • A maximum fine of $1,100.00
  • A maximum disqualification period of 6 months
  • A minimum disqualification period of 3 months
  • An automatic disqualification period of 6 months

2nd or subsequent major traffic / drink driving offence within 5 years

  • A maximum fine of $2,200.00
  • An unlimited maximum disqualification period
  • A minimum disqualification period of 6 months
  • An automatic disqualification period of 12 months

Pursuant to relevant legislation the Court cannot issue a term of imprisonment or  or any other similar type of sentence regardless of your traffic history and prior offences.

***

MIDDLE RANGE DRINK DRIVING INFORMATION

Middle Range PCA is a drink driving charge that is issued on a person when they deliver a Blood Alcohol Concentration of 0.080 or higher but below 0.150. A Middle Range PCA offence is considered very serious since any Blood Alcohol reading over the Middle Range threshold is considered to have certain effects on the way the human body can function and in particular operate a motor vehicle. Heavy fines and penalties are reserved for Middle Range PCA offenders and certainly a term of imprisonment is a possible outcome for serious offenders.

A person is deemed to have committed the offence of Middle Range PCA if their Blood Alcohol Concentration is 0.080 or above but below 0.150.

Penalties for Middle Range Drink Driving

If you plead Guilty to a Middle Range drink driving offence or if you plead Not Guilty and lose then unless you can obtain a section 10 dismissal you will be convicted by the court and have your licence disqualified.

The Court has discretion whether or not to record a conviction against for your drink driving offence. In making its decision the Court will take into account a number of factors including your traffic history, traffic education, occupation, character, age, family and living situation plus many other objective and subjective issues. After taking into consideration these issues the court MAY decide to provide you with a one off reprieve and not issue you with a conviction. Section 10 of the Crimes (Sentencing Procedure) Act allows a court that finds a person guilty of Middle Range PCA the discretion not to impose a conviction against them.

If you receive a conviction by the Court for Middle Range PCA then it is mandatory for the Court to disqualify you from driving for a certain period of time. Legislation sets out a minimum period of disqualification should you be found guilty and receive a conviction.In saying this the legislation also sets out a maximum penalty or sentence that it can hand down, however this is usually reserved for repeat offenders or offences involving extreme aggravating circumstances.

In addition to the minimum and maximum penalties there is an automatic period of disqualification which a person can expect to receive unless they have very strong and convincing reasons why the court should not view the matter as a typical Middle Range PCA offence. The following penalties and disqualification periods apply for for an offence of Middle Range PCA:

1st major traffic / drink driving offence

  • A maximum fine of $2,200.00
  • An unlimited maximum disqualification period
  • A minimum disqualification period of 6 months
  • An automatic disqualification period of 12 months
  • A maximum term of imprisonment of 9 months

2nd or subsequent major traffic / drink driving offence within 5 years

  • A maximum fine of $3,300.00
  • An unlimited maximum disqualification period
  • A minimum disqualification period of 12 months
  • An automatic disqualification period of 3 years
  • A maximum term of imprisonment of 12 months

***

HIGH RANGE DRINK DRIVING INFORMATION

High Range PCA is a drink driving charge that is issued on a person when they deliver a Blood Alcohol Concentration of 0.150 and above. A High Range PCA offence is considered very serious since any Blood Alcohol reading over the High Range threshold is considered to have certain effects on the way the human body can function and in particular operate a motor vehicle. Heavy fines and penalties are reserved for High Range PCA offenders and certainly a term of imprisonment is a very likely outcome for serious offenders.

A person is deemed to have committed the offence of High Range PCA if their Blood Alcohol Concentration is 0.150 or above.

Penalties for High Range Drink Driving Information

If you plead Guilty to a High Range drink driving offence or if you plead Not Guilty and lose then unless you can obtain a section 10 dismissal you will be convicted by the court and have your licence disqualified.

The Court has discretion whether or not to record a conviction against for your drink driving offence. In making its decision the Court will take into account a number of factors including your traffic history, traffic education, occupation, character, age, family and living situation plus many other objective and subjective issues. After taking into consideration these issues the court MAY decide to provide you with a one off reprieve and not issue you with a conviction.

Section 10 of the Crimes (Sentencing Procedure) Act allows a court that finds a person guilty of High Range PCA the discretion not to impose a conviction against them. This being said, in order for a court to use such discretion to dismiss a High Range PCA charge pursuant to a section 10 dismissal is extremely rare and circumstances must be so extreme for a Court to exercise its discretion for such a charge.

If you receive a conviction by the Court for High Range PCA then it is mandatory for the Court to disqualify you from driving for a certain period of time. Legislation sets out a minimum period of disqualification should you be found guilty and receive a conviction.In saying this the legislation also sets out a maximum penalty or sentence that it can hand down, however this is usually reserved for repeat offenders or offences involving extreme aggravating circumstances.

In addition to the minimum and maximum penalties there is an automatic period of disqualification which a person can expect to receive unless they have very strong and convincing reasons why the court should not view the matter as a typical High Range PCA offence. The following penalties and disqualification periods apply for for an offence of High Range PCA:

1st major traffic / drink driving offence:

  • Maximum fine - $3,300.00
  • Maximum jail term - 18 months
  • Unlimited maximum disqualification period
  • Minimum disqualification period - 12 months
  • Automatic disqualification period - 3 years

2nd or subsequent major traffic / drink driving offence within 5 years:

  • Maximum fine - $5,500.00
  • Maximum gaol term - 2 years
  • Unlimited maximum disqualification period
  • Minimum disqualification period - 2 years
  • Automatic disqualification period - 5 years

NSW Drink Driving Information

CONTACT US NSW DRINK DRIVING INFORMATION:

Drink Driving Information Lawyers

 

 

 

 

 

 

Sydney Drink Driving Lawyers

Beazley Singleton Lawyers

14/370 Pitt Street
Sydney NSW 2000
(02) 9283 8622

Email: jaboorman@beazleysingleton.com.au

Please contact Josh Boorman today to discuss your matter over the telephone or via email for an initial FREE consultation & NSW drink driving information & advice.

 

Joshua Boorman
Sydney Drink Driving Lawyers are experts in dealing with all drug and alcohol related Traffic Laws. We attend all courts in Sydney and the surrounding suburbs. Call (02) 9283 8622 or Email: sydneytrafficlawyers@gmail.com
Joshua Boorman
Joshua Boorman