What happens if you get caught drug driving in NSW?

In New South Wales, drink driving offences carry heavy penalties including fines, terms of imprisonment and periods of licence disqualification. On-the-spot fines can be issued for a first offence if the BAC reading is below 0.079. However, for second or subsequent offences, the driver will have to attend court.

New South Wales also has an alcohol interlock program. Drivers who are sentenced to an alcohol interlock order are subject to much shorter periods of licence disqualification than those who are not placed on an interlock order. This article outlines the penalties for drink driving offences in NSW.

Drink driving offences

Drink driving offences and the penalties they attract are set out in the Road Transport Act 2013. In NSW there are five levels of drink driving.

• Novice range (0.00 to 0.019 for a Learner, P1 or P2 driver)
• Special range (0.02 to 0.049 for a Learner, P1 or P2 driver or a bus or taxi driver)
• Low range (0.05 to 0.079)
• Mid-range (0.08 to 0.149)
• High range (0.15 and higher)

Each range has a different maximum penalty and maximum and minimum licence suspension periods. The Road Transport Act also contains offences relating to driving under the influence of alcohol or a drug (Section 112) and driving with an illicit drug present in their system (Section 111).

Novice, low range or special range

A person found guilty of novice range, special range, or low range drink driving for the first time can expect to have their licence suspended for a period of three to six months and to be issued with an on-the-spot fine of $2200.

If it is the person’s second or subsequent offence, they will be required to attend court. The court can impose a fine of up to $3300 and can disqualify them from driving for up to 12 months.

Mid-range

A person found guilty of mid-range drink driving for the first time faces a fine of up to $2,200 or imprisonment for nine months. They will also be disqualified from driving for a period of between 6 and 12 months (or for 6 months with an alcohol interlock period of a further 12 months).

A person found guilty of mid-range drink driving for a second or subsequent time will be fined up to $3,300 and imprisoned for up to 12 months. They will be disqualified from driving for a period of between 12 months and 3 years (or for a period between 6 and 9 months with an alcohol interlock period of a further 24 months).

High range

A person found guilty of high range drink driving faces a fine of $3,300 for a first offence and up to $5,500 for a second or subsequent offence. This offence can attract a prison term of up to 18 months for a first offence and up to two years for a second or subsequent offence.

Anyone charged with high range drink driving will get an immediate licence suspension. A first offender may be disqualified from driving for up to 3 years (or for up to 9 months with an alcohol interlock order for a further 24 months). A person being sentenced for their second or subsequent offence will be disqualified from driving for up to 5 years (or for up to 12 months with an alcohol interlock order for a further 48 months).

Driving under the influence

A person who is found guilty of driving under the influence of alcohol or another drug for the first time faces a fine of $3300 or imprisonment for 18 months or both. They will also be disqualified from driving for a period of between 12 months and 3 years (or for a period of between 6 months and 9 months with an alcohol interlock period of a further 24 months). For a second or subsequent offence, the driver will be fined $5500 or imprisoned for two years, or both. They will be disqualified from driving for between 2 years and 5 years (or for between 9 months and 12 months with an alcohol interlock period of a further 24 months).

Driving with a drug present

A person who is found guilty of driving with an illicit drug present in their oral fluid, blood or urine faces a fine of $2200 for a first offence or $3300 for a second or subsequent offence. They will also have a licence disqualification period of 3 to 6 months imposed.

However, it is a defence to this charge if the drug was consumed for a medicinal purpose.

If you receive an immediate licence suspension, you will be required to surrender your licence and make other arrangements for getting home.

If you are dealt with by way of an on-the-spot fine, you will be told your suspension period on the spot. If you are summonsed to attend court, the court will fix a disqualification period and backdate it to the day your licence was surrendered.

Interlock Devices

If you are convicted of certain drink driving offences, it is mandatory for the NSW courts to make Interlock Orders. Very few exceptions exist.

If you receive an Interlock Order, you must go to your doctor to obtain a ‘Drink-less’ medical certificate sometime within the four weeks prior to the end of your disqualification period. Once your disqualification period has ended, you may apply for an interlock driver’s licence. To qualify, you must have an interlock device expertly fitted to your vehicle.

An interlock device requires that, in order to start your car, you must blow into the device and register a zero BAC result. You may also, at random times, be required to repeat this process to continue driving. You must not drive any other car while you are under an interlock order.

The interlock device will keep a record of any time you record a BAC over zero. Police will be able to access the record and you may be charged with additional offences.

If you require legal advice or representation in a drink driving matter or in any other legal matter, please contact Go To Court Lawyers.

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