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

Drink Driving

Drink Driving Charges in NSW

Drink driving is considered a serious offence and may attract heavy fines, licence suspensions and/or jail sentences. Sydney Criminal Defence Lawyers may be able to help reduce any penalties handed down by the Court. A Section 10 dismissal is possible, particularly for low or mid range PCA levels, depending on the circumstances.

PCA charges relate to the specific measurement of your blood alcohol level, via a breath test, and subsequent breath analysis, or even blood tests. Different licences set different PCAs. For regular licences, the limit is 0.05. For licences with special conditions, such as bus, truck or taxi licences, the limit is 0.02. For L-Plate or P-Plate drivers, the limit is 0.00. PCA charges are issued in direct response to breath test results.

Drink Driving Charges in NSW based on PCA include:

Mid Range PCA

Have you been charged with Mid-range PCA offences? An experienced drink driving defence lawyer can get you lighter penalties or a Section 10. Call 02 80597121.

Mid-range PCA Charges

Mid-range PCA (Prescribed Concentration of Alcohol) charges are issued after a breath test when a driver returns a blood alcohol reading of between 0.08 and 0.15. These are serious drink driving charges and can attract harsh penalties, including: a year in prison, a $3300 fine and a suspension of your licence for up to 3 years. However, in the right circumstances, Sydney Criminal Defence Lawyers can have the penalties reduced in court, or even dismissed completely under Section 10.

Defending a Mid-range PCA Charge

Even if you are not seen to be “under the influence” of alcohol, the police can still charge you with Mid-range PCA offences. In these cases, an experienced Traffic Lawyer can make the difference between severe and light penalties, or even secure you a Section 10 dismissal. You will be better off with legal help, rather than representing yourself in court.

Challenge the Reading

All PCA charges arise from the police’s allegation that your blood alcohol level was above the limit set by your licence, while you were driving. But blood alcohol readings are rarely exact. Alcohol levels in your blood go up and down over time, and after an on-road breath test it takes time to go to an RBT unit or police station for breath analysis. Your blood alcohol level may have changed several times, becoming higher at the time of the test than when you first started driving.

One of your defence options is to challenge the breath test reading. This could help reduce your Mid-range PCA charge to Low-range, which carries less severe penalties, or even see it dismissed under Section 10, especially in the case of a first offence.

Other Defence Options for Mid-range PCA Charges

You could also base your defence argument on:
• An honest and reasonable mistake: When the charges relate to a blood alcohol reading of between 0.08 and 0.15, this is not easy to prove, but you may be able to argue that you believed you were still below the PCA at the time of the offence.
• The 2 hour rule: The police cannot force you to take a breath test if more than 2 hours have passed since you drove a car. If you are tested aftermore than 2 hours have passed, then that evidence may be thrown out of court.
• At home rule: The police cannot breath test you while you are on your own property. If that does happen, that evidence may be inadmissible
• Duress: You may have been threatened and forced into driving by another person, while over your PCA.
• An emergency: You may have driven while over your PCA because you were responding to an emergency situation.

What you need to show

• The circumstances of the offence: how much alcohol was drunk, over how much time, and what amount and kind of food was consumed.
• Your traffic record and good character.
• Any other matters that may be relevant, such as how a criminal record would affect you.

Penalties

Fine Imprisonment Disqualification
Automatic Minimum
First Offence
$2200 9 months 12 months 6 months
Subsequent Offences
$3300 12 months 3 years 12 months
Assault Occasioning Actual Bodily Harm

Assault Occasioning Actual Bodily Harm is the second most serious assault offence after Assault Occasioning Grievous Bodily Harm. This offence can be charged where an injury arises out of an alleged assault that is not permanent, but results in a wounding, for example when a person’s skin is broken.

Penalties: The maximum penalty for this offence is five years imprisonment. Where the offender is in the company of another person or persons this increases to seven years.

Attempts to Choke

Generally, the charge of Attempt to Choke may be laid when the accused has either (i) attempted to choke someone, or (ii) attempted to make the person insensible, unconscious, or incapable of resistance. The offence is taken very seriously by the courts, with a maximum penalty of 25 years imprisonment, and legal advice should be sought immediately upon being charged.

Penalties: As indicated above, a conviction of Attempt to Choke carries a maximum penalty of 25 years imprisonment, under section 37 of the Crimes Act 1900 (NSW).

Reckless Grievous Bodily Harm or Wounding

The offence of Reckless Grievous Bodily Harm or Wounding is generally charged when an act or omission has caused grievous bodily harm or wounding, but there was no intent. There are several different forms of this offence prescribed in section 35 of the Crimes Act 1900 (NSW). In determining which offence to charge you with, the Police will consider whether you wounded someone and/or whether you inflicted grievous bodily harm, as well as whether you were in the company of others at the time of the offence.

Penalties: Depending on the particular offence you are charged with, the maximum penalty can range from seven years imprisonment up to 14 years imprisonment. However, with proper legal representation, it is usually possible to avoid these severe penalties.

DUI Charges

DUI charges are Drink Driving charges that are issued without a breath test or other tests, but when there is a clear suspicion that a driver is affected by alcohol. For example, the police or witnesses may notice that a driver’s speech is slurred, they are walking unsteadily, their breath smells of alcohol or the circumstances of an incident (for example, the angle of a crash) suggest that alcohol affected their driving.

PCA charges are more precise than DUI charges and may determine more severe penalties, but DUI charges can be just as serious, as they can aggravate other charges that may have been issued. For example, if a road incident has caused a death, a DUI charge may make the penalty for the offending driver much worse.

Indecent Assault

The charge of Indecent Assault may be laid when the accused has assaulted someone in a way which carries a sexual connotation, or the intention to obtain sexual gratification. The charge is different to Sexual Assault, which requires penetration.

Penalties: A charge of indecent assault carries a maximum penalty of up to five years imprisonment. There is also a more serious charge of Aggravated Sexual Assault, which carries intensified maximum penalty of seven years imprisonment. The circumstances of aggravation are established when: The offence is committed in company, the victim is under the offender’s authority, the victim has a serious physical disability, or the victim has a serious intellectual disability. The elements for indecent assault need to be established first before considering these aggravating factors.

Sexual Assault

The charge of Sexual Assault may be laid when the accused has sexual intercourse with another person, without the consent of the other person, and knowing that the other person does not consent to the sexual intercourse.

Penalties: The maximum possible penalty for the charge of Sexual Intercourse without Consent is 14 years imprisonment. Any person who attempts to commit a sexual assault-related offence may face the same penalties as if they actually committed the offence. However, the penalties vary depending on the gravity of the particular offence. Factors which determine the gravity include: Degree of violence, physical hurt inflicted, form of forced intercourse, degree of humiliation and duration of the offence.

Aggravated Sexual Assault

It is also possible to be charged with the more serious offence of Aggravated Sexual Assault, which carries penalties of up to 20 years imprisonment. Aggravating circumstances to a sexual assault offence include:

• At the time of, or immediately before or after the commission of the offence, the offender intentionally or recklessly inflicted actual bodily harm on the victim or any other person present or nearby
• At the time of, or immediately before or after the commission of the offence, the offender threatened to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument
• The offence was committed in the company of another person or persons
• Victim is under 16 years of age Victim is under authority of offenderVictim has a serious physical disabilityVictim has a cognitive impairment
• Offender broke and entered into dwelling-house or other building with the intention of committing the offence or any other serious indictable offence
• Offender deprived the victim of their liberty before or after the commission of the offence

Aggravated Sexual Assault in Company

It is also possible to be charged with the more serious offence of Aggravated Sexual Assault, which carries penalties of up to 20 years imprisonment. Aggravating circumstances to a sexual assault offence include:

How can Sydney Criminal Defence Lawyers help?

Our Criminal Lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.

Call us now on 02 8059 7121 or contact us after hours on 0420 998 650 or text 24hrs to book an appointment with one of our solicitors.

The initial consultation is free.

40+

Years of Combined Legal Experience

1000+

Successful Cases

1000+

Years of Prison Reduced across 1000+ Satisfied Clients

Drink Driving Charges in NSW

Drink driving is considered a serious offence and may attract heavy fines, licence suspensions and/or jail sentences. Sydney Criminal Defence Lawyers may be able to help reduce any penalties handed down by the Court. A Section 10 dismissal is possible, particularly for low or mid range PCA levels, depending on the circumstances.

PCA charges relate to the specific measurement of your blood alcohol level, via a breath test, and subsequent breath analysis, or even blood tests. Different licences set different PCAs. For regular licences, the limit is 0.05. For licences with special conditions, such as bus, truck or taxi licences, the limit is 0.02. For L-Plate or P-Plate drivers, the limit is 0.00. PCA charges are issued in direct response to breath test results.

Drink Driving Charges in NSW based on PCA include:
Mid Range PCA

Have you been charged with Mid-range PCA offences? An experienced drink driving defence lawyer can get you lighter penalties or a Section 10. Call 02 80597121.

Mid-range PCA Charges

Mid-range PCA (Prescribed Concentration of Alcohol) charges are issued after a breath test when a driver returns a blood alcohol reading of between 0.08 and 0.15. These are serious drink driving charges and can attract harsh penalties, including: a year in prison, a $3300 fine and a suspension of your licence for up to 3 years. However, in the right circumstances, Sydney Criminal Defence Lawyers can have the penalties reduced in court, or even dismissed completely under Section 10.

Defending a Mid-range PCA Charge

Even if you are not seen to be “under the influence” of alcohol, the police can still charge you with Mid-range PCA offences. In these cases, an experienced Traffic Lawyer can make the difference between severe and light penalties, or even secure you a Section 10 dismissal. You will be better off with legal help, rather than representing yourself in court.

Challenge the Reading

All PCA charges arise from the police’s allegation that your blood alcohol level was above the limit set by your licence, while you were driving. But blood alcohol readings are rarely exact. Alcohol levels in your blood go up and down over time, and after an on-road breath test it takes time to go to an RBT unit or police station for breath analysis. Your blood alcohol level may have changed several times, becoming higher at the time of the test than when you first started driving.

One of your defence options is to challenge the breath test reading. This could help reduce your Mid-range PCA charge to Low-range, which carries less severe penalties, or even see it dismissed under Section 10, especially in the case of a first offence.

Other Defence Options for Mid-range PCA Charges

You could also base your defence argument on:
• An honest and reasonable mistake: When the charges relate to a blood alcohol reading of between 0.08 and 0.15, this is not easy to prove, but you may be able to argue that you believed you were still below the PCA at the time of the offence.
• The 2 hour rule: The police cannot force you to take a breath test if more than 2 hours have passed since you drove a car. If you are tested aftermore than 2 hours have passed, then that evidence may be thrown out of court.
• At home rule: The police cannot breath test you while you are on your own property. If that does happen, that evidence may be inadmissible
• Duress: You may have been threatened and forced into driving by another person, while over your PCA.
• An emergency: You may have driven while over your PCA because you were responding to an emergency situation.

What you need to show

• The circumstances of the offence: how much alcohol was drunk, over how much time, and what amount and kind of food was consumed.
• Your traffic record and good character.
• Any other matters that may be relevant, such as how a criminal record would affect you.

Penalties

Fine Imprisonment Disqualification (Automatic) Minimum
First Offence: $2,200 9 months 12 months 6 months
Subsequent Offences: $3,300 12 months 3 years 12 months
Assault Occasioning Actual Bodily Harm

Assault Occasioning Actual Bodily Harm is the second most serious assault offence after Assault Occasioning Grievous Bodily Harm. This offence can be charged where an injury arises out of an alleged assault that is not permanent, but results in a wounding, for example when a person’s skin is broken.

Penalties

The maximum penalty for this offence is five years imprisonment. Where the offender is in the company of another person or persons this increases to seven years.

Attempts to Choke

Generally, the charge of Attempt to Choke may be laid when the accused has either (i) attempted to choke someone, or (ii) attempted to make the person insensible, unconscious, or incapable of resistance. The offence is taken very seriously by the courts, with a maximum penalty of 25 years imprisonment, and legal advice should be sought immediately upon being charged.

Penalties

As indicated above, a conviction of Attempt to Choke carries a maximum penalty of 25 years imprisonment, under section 37 of the Crimes Act 1900 (NSW).

Reckless Grievous Bodily Harm or Wounding

The offence of Reckless Grievous Bodily Harm or Wounding is generally charged when an act or omission has caused grievous bodily harm or wounding, but there was no intent. There are several different forms of this offence prescribed in section 35 of the Crimes Act 1900 (NSW). In determining which offence to charge you with, the Police will consider whether you wounded someone and/or whether you inflicted grievous bodily harm, as well as whether you were in the company of others at the time of the offence.

Penalties

Depending on the particular offence you are charged with, the maximum penalty can range from seven years imprisonment up to 14 years imprisonment. However, with proper legal representation, it is usually possible to avoid these severe penalties.

DUI Charges

DUI charges are Drink Driving charges that are issued without a breath test or other tests, but when there is a clear suspicion that a driver is affected by alcohol. For example, the police or witnesses may notice that a driver’s speech is slurred, they are walking unsteadily, their breath smells of alcohol or the circumstances of an incident (for example, the angle of a crash) suggest that alcohol affected their driving.

PCA charges are more precise than DUI charges and may determine more severe penalties, but DUI charges can be just as serious, as they can aggravate other charges that may have been issued. For example, if a road incident has caused a death, a DUI charge may make the penalty for the offending driver much worse.
Defending Against DUI and PCA Allegations

Challenging DUI and PCA charges requires a tailored approach based on the nature of each charge.
DUI charges


Defense strategies against DUI charges may involve disputing the subjective evidence of impairment, questioning the legality of the traffic stop, or highlighting inconsistencies in witness testimonies.

PCA Charges

PCA charges often necessitate a technical defense focusing on the accuracy of the breathalyzer or blood test, potential contamination issues, or procedural errors during testing.

Additionally, legal defenses like honest and reasonable mistake or necessity might be applicable, depending on the case specifics. Engaging our experienced lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers will ensure that you provide the best defence against any DUI and PCA charges.

DUI vs. PCA: What You Need to Know

DUI charges are based on the behavior and apparent impairment of the driver, without the need for a breath or blood test. Examples include observable signs of intoxication like slurred speech or erratic driving.

On the other hand, PCA charges rely on specific blood alcohol concentration levels obtained through testing, classified into ranges such as Low, Middle, and High Range PCA, each with escalating penalties. Understanding the nuances between DUI and PCA charges is crucial for anyone facing these allegations, as it influences the defense strategy and potential outcomes.

How can Daoud Legal:
Sydney Criminal Defence & Traffic Lawyers help?

Our traffic lawyers will carefully consider your drink driving case, advise you on all your legal options, and recommend the best way forward.

Call us now 1300 885 646 or text 0420 998 650 24hrs to book a free consultation with one of our lawyers.

Drink Driving Lawyers in Sydney: Experienced Legal Defence for Drinking and Driving Charges

If you've been charged with a drink driving offence in the Sydney metropolitan area, it's crucial to seek legal representation from experienced drink driving lawyers. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our team of expert drink driving solicitors specialises in criminal defence and traffic offences, ensuring you receive the best possible outcome for your particular case.

Facing Drink Driving Charges? We Can Help

Drink driving laws in New South Wales are strictly enforced, and the penalties for drink driving can be severe, including substantial fines, licence disqualification, and even imprisonment in some cases. Our Sydney drink driving lawyers have successfully represented clients charged with various drink driving offences at the local court, such as:

Low-range drink driving

Our lawyers will thoroughly analyse the evidence and identify any weaknesses or procedural errors that could potentially lead to the charges being reduced or dismissed.

High-range drink driving

As a law firm, we understand the serious nature of high-range drink driving charges and will work tirelessly to defend your rights and minimise the potential consequences.

Special range drink driving

In cases of special range drink driving, our experienced criminal lawyers will explore all available defences and mitigating factors to achieve the best possible outcome.

Driving under the influence (DUI)

Whether it's your first DUI offence or a subsequent charge, our DUI lawyers in Sydney will provide expert legal representation and guidance throughout the process.

Refusing a breath test

Refusing a breath test can carry severe penalties, but our lawyers will carefully examine the circumstances and build a strong defence strategy on your behalf.

Drink or drug driving

If you've been charged with a drug driving offence, our experienced lawyers will ensure your rights are protected and work towards the best possible resolution.

Why Choose Daoud Legal for Your Drink Driving Matter?

When facing drink driving charges, you need a team of experienced drink driving lawyers on your side. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our senior criminal defence lawyers are dedicated to providing expert legal representation and ensuring the best possible outcome for your case. Here's why you should choose us:

Expertise in Drink Driving Defence

Our lawyers have extensive experience in defending clients charged with drink driving offences, including complex cases involving aggravating factors. We stay up-to-date with the latest legal developments and strategies to provide you with the best possible defence.

Successful Track Record

We have a proven track record of successfully defending drink driving cases and achieving favourable outcomes for our clients. Our experienced drink driving lawyers have represented clients in numerous cases, securing positive results through skilled negotiation and courtroom advocacy.

Client-Focused Approach

We take the time to understand your unique circumstances and develop a tailored legal strategy to meet your specific needs. Our team will work closely with you, providing personalised attention and keeping you informed throughout the entire process.

Affordable Fixed Fees

We offer transparent and affordable fixed fees for all drink driving cases, ensuring you know the costs up front. Our fee structure is designed to provide exceptional legal representation without any hidden or unexpected expenses.

Availability and Support

Our team of Sydney DUI lawyers is available 24/7 to provide emergency legal advice and representation. We understand that drink driving charges can arise at any time, and our lawyers are prepared to assist you promptly and efficiently.

Services We Offer

At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we provide comprehensive legal services for drink driving and traffic offences, including:

Drink driving defence

Our experienced drink driving lawyers will meticulously examine the evidence and build a strong defence strategy tailored to your specific circumstances. We will explore all available legal avenues to achieve the best possible outcome, whether it's seeking a reduction or dismissal of charges or minimising penalties.

Traffic offenders program representation

If you're eligible for a traffic offenders program, our lawyers will guide you through the process and represent you effectively, ensuring you comply with all requirements and increase your chances of a favourable outcome.

Need a drink driving lawyer for court appearances

Navigating court proceedings can be daunting, but our experienced drink driving lawyers will be by your side, providing expert representation and advocacy in court. We will present your case in the most compelling manner and argue for the best possible resolution.

Appealing drink driving convictions

If you've been convicted of a drink driving offence, our lawyers can assist you in appealing the decision. We will thoroughly review the case and identify any potential grounds for appeal, fighting to overturn or reduce the conviction or sentence.

Applying for licence reinstatement

After a period of disqualification from driving, our lawyers can guide you through the process of applying for licence reinstatement. We will help you meet all necessary requirements and increase your chances of regaining your driving privileges.

Representing clients for driving without a licence or disqualified driving charges

If you've been charged with driving without a licence or driving while disqualified, our traffic defence lawyers will provide expert legal representation and guidance to protect your rights and minimise the potential consequences.

Get Expert Legal Advice Today

If you've been charged with a drink driving offence or any other traffic-related matter in Sydney, don't hesitate to contact our team of experienced drink driving lawyers. We offer a free initial consultation, during which we'll discuss the details of your case and provide you with a clear understanding of the legal process, potential penalties, and the best way forward.

Give yourself the best chance at achieving a favourable outcome by seeking the expertise of Daoud Legal: Sydney Criminal Defence & Traffic Lawyers. Contact us today by calling 1300 885 646 or texting 0420 998 650 24hrs and let our team of Sydney DUI lawyers and criminal defence lawyers guide you through this challenging situation with confidence.

FAQs About Drink Driving Charges

What is the role of a drink driving lawyer in Sydney?

A drink driving lawyer in Sydney specialises in defending individuals who have been charged with drink driving offences. They provide legal representation and advice throughout the legal process, working to achieve the best possible result for their clients.

How can Sydney drink driving lawyers help if I am charged with a drink driving offence?

Sydney drink driving lawyers have extensive experience in handling cases of individuals charged with drink driving offences. They can assess your case, provide legal guidance on section 10, represent you in court, and work towards minimising the consequences of the charges you are facing.

What are the potential penalties for drink driving in Sydney?

The penalties for drink driving in Sydney can vary depending on the severity of the offence. They may include fines, licence disqualification, criminal conviction if you plead guilty, and even potential imprisonment. A skilled defence lawyer can help mitigate these penalties.

Can a drink driving conviction impact my future?

Yes, a drink driving conviction can have serious repercussions on your future. It may result in a criminal record, affect your employment opportunities, increase insurance premiums, and limit travel prospects. Seeking legal representation is crucial to minimise these consequences.

What is low range drink driving and high range drink driving?

Low range drink driving and high range drink driving refer to different blood alcohol concentration levels that determine the severity of the offence. Experienced drink driving lawyers can provide guidance based on the specific circumstances of your case.

Do I need an experienced drink driving lawyer for my case in Sydney?

Having an experienced drink driving lawyer can significantly improve your chances of achieving a favourable outcome. Their expertise in criminal defence and knowledge of drink driving laws can make a substantial difference in the final result of your case.

1000+

Drug Charges Successfully Defended / Dropped

1000+

Drunk Driving Charges Successfully Defended /Dropped

500+

Successful Diversions from Prison for Mental Health Reasons

Expertise

1

Criminal Law

Our most important job is to protect your rights and provide expert legal advice. We will guide you through the entire court process.
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2

Traffic Law

We will diligently gather the necessary documentation, provide you with professional legal advice, and fearlessly represent you in court.
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3

Drug Offences

Drug Offences are among the most serious offences in the eyes of the Criminal Law Courts. However, the penalties associated with Drug.
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4

Assault Offences

Our most important job is to protect your rights and provide expert legal advice. We will guide you through the entire court process.
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Fraud Offences

As Fraud is often considered a pre-meditated or manipulative crime, it is looked upon very seriously by the court system.
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6

Firearm Offences

There are strict rules in place governing the lawful possession of a firearm in Australia. Firstly, every person who possesses a firearm must be.
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