legal advice 02 8059 7121 or after hours on 0420 998 650

Drink driving is a serious offence due to the danger it creates for everyone on the road. With rising numbers of traffic fatalities in the early 1980s, the NSW government enacted new legislation. This law gave police the right to conduct random breath tests on any driver. Those in violation of the legal BAC limits in Sydney face automatic licence disqualification, heavy fines, and jail time in some situations. The law defines three legal limits for blood alcohol content to distinguish between offences. These limits are 0.05, 0.02, and 0.00.

Learners must always have a BAC of zero. The first violation of this law can incur an $1,100 fine and a 3-month disqualification. Drivers of heavy vehicles and taxis must obey the 0.02 limit, while all other drivers must remain under 0.05 BAC. Drivers who test above 0.08 will face a fine of at least $2,200 and nine months in jail. Exceeding 0.15 is grounds for 18 months’ jail time and the potential for permanent disqualification.

These penalties create a stressful situation for anyone accused of drink driving. Experienced drink driving lawyers can help reduce that stress by examining your legal options and the circumstances of the alleged offence. BAC testing can be imprecise, and the administering officer may not always follow the correct procedures for an accurate test. Therefore, professional legal representation is essential for examining all possibilities.

Many factors affect drink driving offences

Consider this example: an officer requests a breath test and the device registers a low-range PCA (Prescribed Concentration of Alcohol). It is possible the testing device malfunctioned. You have a right to challenge the reading, and experienced lawyers can evaluate whether this is a viable option in your circumstances. In other cases, an emergency could force you to drive while intoxicated. Based on the available evidence, your lawyer may be able to petition for a dismissal under Section 10. If this is your first drink driving offence, your chances of a dismissal further improve.

The courts will consider many factors when you present your case, such as a good driving record and a lack of prior offences. Even the impact of a suspended licence would have on your life will be relevant. A lawyer you can trust makes organising your defence more straightforward and simple to the court than if you were to represent yourself.

Reach out to a drink driving lawyer for assistance

Do you have a case that could qualify for Section 10 dismissal? Contacting a drink driving lawyer in Sydney will allow you to consider your options and determine the ideal way to proceed. Whether you believe the testing equipment was at fault or if you had an honest expectation that you would not have to drive drunk, Sydney Criminal Defence Lawyers will provide professional help for every case. All our clients receive the same level of respect and professional treatment, beginning with your first call to our lawyers. To learn more about your options, please ring us on 1300 885 646.


Sydney Criminal Defence Lawyers is a law firm that specialises in Criminal and Traffic Law. Our passionate and dedicated team of expert lawyers represent clients daily in the Local, District, and Supreme Courts of NSW.


02 8059 7121