Have you been charged with drink driving or driving with the presence of an illicit drug?

Random Breath Testing or RBT for alcohol and drugs can happen at any time, anywhere and is important and necessary for the safety of all. Loss of licence for drink driving or driving with the presence of an illicit drug can be critical and affect many things including your family, your job and your independence.

Drink driving or DUI (driving under the influence)

Have you been charged with:

  • driving a motor vehicle, or
  • occupying the driver seat and attempting to put the vehicle in motion, or
  • occupying the seat next to a learner driver who is driving

with a prescribed range of alcohol?

The maximum penalties if convicted under sections 110, 205 and 211 of the Road Transport Act (RTA) with driving with a prescribed concentration of alcohol (PCA) in 210 litres of breath or 100 millilitres of blood are:

Novice Range (0.00), Special Range (0.02) and Low Range (0.05)

Fine

  • First offence: $1,110
  • Second or subsequent offence: $2,200

Disqualification: if no previous major offence

  • Automatic: 6 months
  • Minimum: 3 months

Disqualification: if previous major offence

  • Automatic: 12 months
  • Minimum: 6 months
  • Mandatory Interlock Order: 13 months – 15 months (or else 5 years)

Middle Range (0.08)

Fine or/and Imprisonment

  • First offence:  $2,200.00 or/and 9 months imprisonment
  • Second or subsequent offence: $3,300.00 or/and 12 months imprisonment

Disqualification: if no previous major offence

  • Automatic: 12 months
  • Minimum: 6 months

Disqualification: if previous major offence

  • Automatic: 3 years
  • Minimum: 12 months
  • Mandatory Interlock Order: 30 months – 33 months (or else 5 years)

High Range (0.15) or refusal or failure to submit to test, analysis or assessment

Fine or/and Imprisonment

  • First offence: $3,300.00 or/and (&) 18m imprisonment
  • Second or subsequent offence: $5,500.00 or/& 2y imprisonment

Disqualification: if no previous major offence

  • Automatic: 3 years
  • Minimum: 12 months
  • Mandatory Interlock Order: 30 months – 33 months (or else 5 years)

Disqualification: if previous major offence

  • Automatic: 5 years
  • Minimum: 2 years
  • Mandatory Interlock Order: 57 months – 60 months (or else 5 years (60 months))

The Guideline Judgment applies to High Range PCA offences and requires exceptional or special circumstances to avoid a conviction and the penalties outlined above https://www.caselaw.nsw.gov.au/decision/549faf243004262463b758d1.

Driving with illicit drug

Have you been charged with:

  • driving a motor vehicle, or
  • occupying the driver seat and attempting to put the vehicle in motion, or
  • occupying the seat next to a learner driver who is driving

with any prescribed illicit drug or morphine or cocaine in oral fluid, blood or urine under section 111 of the RTA?

Prescribed illicit drug under section 4 of the RTA includes: cannabis, speed and ecstacy.

The maximum penalty under section 111 of the RTA is exactly the same as for Novice, Special and Low Range PCA apart from the Mandatory Interlock Orders for second or subsequent offences. Mandatory Interlock Orders (sections 208 – 215B of the RTA) only apply to alcohol-related major offences and cannot be applied for prior to 28 days before the end of the minimum or maximum disqualification period (section 215B of the RTA).

If you are charged with one of these offences under section 110 or 111 of the RTA or clauses 16 or 17 of Schedule 3 to the RTA why not contact me NOW for a FREE CONSULTATION to find out what your options are.

——

Anthony Stewart, Solicitor
ANTHONY R A STEWART LAW PRACTICE

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