17.07.15
The Consequences of Driving Under the Influence
All it takes is a lapse in judgment, one wrong decision at a party or an extra drink at a sporting event, to create a problem with permanent consequences. Every year, thousands of individuals put themselves on the road with a few drinks too many, leading to consequences that can create serious problems for themselves, their families, and innocent bystanders.
In the moment, it’s easy to justify your behaviour, telling yourself that you haven’t had that many and everything will be fine. It’s only later, once you have been pulled over by the police or get into an accident, that the reality becomes clear. Whether you are randomly pulled over or stopped at a roadblock, the fun times you had will quickly come back to haunt you.
Driving Under the Influence
Across Australia, the maximum Blood Alcohol Concentration(BAC) for safe operation of vehicles is .05%, the equivalent of roughly one drink for a female and one to two for a male. Other limits may differ slightly on a state or territory basis, with lower restrictions imposed on those with provisional licenses, unlicensed drivers, novice drivers, drivers of large vehicles, taxi drivers, and mass transport drivers. With a low limit and harsh consequences, one drink is too many to gamble on.
Driving While Intoxicated
With every drink, your ability to make smart decisions and be properly aware of your surroundings decreases. The higher your BAC is, the more likely you are to cause a fatal accident while on the road. Impaired drivers are more likely to drift out of a lane, run traffic lights and stop signs, speed recklessly, and cause accidents. While the penalties for driving drunk are severe enough without accompanying moving violations, getting a ticket for reckless behaviour or causing an accident that harms you or those around you can make a bad situation much worse.
Legal Consequences
There are 5 different ranges of drink driving offences, and the penalties differ for each range. Here is a breakdown of the these penalties by range.
Novice range of drink driving
For provisional or learner drivers with alcohol level of .00% to .02%. For a first offence the penalty is a possible $1100.00 fine and a disqualification period for 6 months
For a second subsequent offence in this range within a 5 year period would entail a maximum fine of $2200.00 and would mean the interlock device is now attached to the individual’s car for a minimum of 12 months. Under the interlock program the minimum disqualification period for a second offence is 1 month and the maximum is 3 months.
Special range of drink driving
Reserved for people who hold a special class licence and have been caught with a blood alcohol reading between 0.02% and 0.05%.
People who fall under the special licence range include;
- Learner drivers;
- Provisional drivers – i.e. “P” plate drivers;
- Drivers whose licence is either suspended, cancelled or disqualified;
- Drivers who have been refused a driving licence;
- Drivers who have never held a driving licence in NSW although having had a licence or permit to drive outside NSW.
The maximum penalty for a Special Range drink driving offence, if it is your first major traffic offence within 5 years, is a fine of $1,100.00 and a disqualification period of 6 months. The minimum disqualification period is 3 months unless the matter is dealt with pursuant to Section 10 of the Crimes (Sentencing Procedure) Act in which case you will not be disqualified from driving.
For a second offence:
The maximum penalty for a Special Range PCA offence, if it is your second or subsequent major offence within 5 years, is a fine of $2,200.00 and a maximum disqualification period of 3 months. The minimum disqualification period is 1 month unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act in which case you will not be disqualified from driving. A second or subsequent offence of this nature will also incur a mandatory minimum period of 12 months using the interlock device.
The offence of Low Range drink driving is committed by a driver who drives a motor vehicle on a public road with a blood alcohol concentration above 0.05% and below 0.079%.
The maximum penalty for a Low Range drink driving offence, if it is your first major traffic offence within 5 years, is a fine of $1,100.00 and a disqualification period of 6 months. The minimum disqualification period is 3 months unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act in which case you will not be disqualified from driving. Click here to find out more about section 10.
The maximum penalty for a Low Range drink driving offence, if it is your second or subsequent major offence within 5 years, is a fine of $2,200.00 and a minimum disqualification period of 1 month unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act in which case you will not be disqualified from driving
Where a second or subsequent offence of this nature occurs within 5 years, then a mandatory minimum period of 12 months using the interlock device will be imposed.
The offence of Mid Range drink driving is committed by a driver who drives a motor vehicle on a public road with a blood alcohol concentration above 0.08% and below 0.149%.
The maximum penalty for a Mid Range drink driving offence, if it is your first major traffic offence within 5 years, is a fine of $2,200.00 and/or 9 months imprisonment. The disqualification period a court can impose is unlimited but there is an automatic disqualification period of 12 months and a minimum disqualification period of 6 months unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act. If your matter is dealt with pursuant to section 10, you will not be disqualified from driving. Click here to find out more about section 10.
The maximum penalty for a Mid Range drink driving offence, if it is your second or subsequent major offence within 5 years, is a fine of $3,300.00 and/or 12 months imprisonment. The disqualification that can be imposed includes an automatic disqualification period of 3 years. Followed by a minimum disqualification period of 6 months and a maximum period of 9 months unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act. If your matter is dealt with pursuant to section 10, you will not be disqualified from driving.
Where an offence of this nature is a second or subsequent offence, then the court will impose a mandatory minimum period of 24 months using the interlock device.
The maximum penalty for High Range drink driving, if it is your first major traffic offence within 5 years, is a fine of $3,300.00 and/or 18 months imprisonment. There is an automatic disqualification period of 3 years and a minimum disqualification period of 6 months unless the matter is dealt with pursuant to Section 10 of the Crimes (Sentencing Procedure) Act. If your matter is dealt with pursuant to section 10, you will not be disqualified from driving. It is highly unusual for drivers charged with a High Range PCA offence to be dealt with under section 10 because of the Guideline Judgement of the NSW Court of Criminal Appeal (see below).
Where the drink driving offence is the first offence of this nature within 5 years, the court will impose a mandatory minimum period of 24 months using the interlock device.
The maximum penalty for a High Range drink driving offence, if it is your second or subsequent major offence within 5 years, is a fine of $5,500.00 and/or 2 years imprisonment. The disqualification period a court can impose is unlimited but there is an automatic disqualification period of 5 years and a minimum disqualification period of 9 months unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act. If your matter is dealt with pursuant to section 10, you will not be disqualified from driving. It is highly unusual for drivers charged with a High Range drink driving offence to be dealt with under section 10because of the Guideline Judgement of the NSW Court of Criminal Appeal.
Personal Consequences
Driving under the influence can affect more than just your wallet and your driving availability. Having a drink driving conviction on your record can bar you from being hired or lead to termination from your current position. If you are in the transportation industry, like trucking or taxi driving, or require a professional license, you may find yourself unemployed without any hope of securing a future position in your field. In addition, educational institutions, financial aid offices, and landlords also run background checks on applicants, and may not be willing to admit, lend to, or lease to an individual with a criminal record.
One night of fun isn’t worth a lifetime of struggle. From being denied an apartment to losing your job and getting your license taken away, there are dozens of consequences that can impact your life for decades to come. When you’re facing penalties related to driving under the influence, a lawyer is a must. With the ability to negotiate the legal ramifications and reduce your chances of paying fines or losing your license, a lawyer can limit the life-changing consequences drink driving can cause.
Do you need help with charges related to driving under the influence? Contact us today to schedule a consultation and see what the right attorney can do for you!
