What's happening?
Drink driving offences, generally referred to as prescribed concentration of alcohol or PCA offences, arise when a driver is found to have alcohol in their system above the legal limit for their licence type while driving or in charge of a vehicle. The way a matter is categorised and dealt with depends on the reading involved and the driver's licence class and history.
Some lower-level first offences can be dealt with by way of an immediate licence suspension and a simplified court process, while other matters, particularly repeat offences or higher readings, are dealt with more formally by the Local Court with a wider range of possible outcomes.
Because the categories and consequences differ depending on reading, licence type and history, it is important to understand exactly how your particular matter has been classified before deciding how to respond.
What could it mean for me?
- A drink driving conviction generally results in a licence disqualification period in addition to any fine imposed.
- Some offenders may be required to install an interlock device as a condition of returning to driving.
- A conviction can appear on your traffic and, in some cases, criminal record depending on the offence category.
- Repeat offences or higher readings are generally treated more seriously by the court.
- Employment that requires driving can be significantly affected by any period of disqualification.
What are my options?
- Pleading guilty and presenting submissions in mitigation aimed at the most favourable available outcome.
- Contesting the charge where there is a genuine issue with the testing procedure or evidence.
- Applying for a restricted licence via interlock program where eligible.
- Engaging in relevant courses or programs that may be considered by the court as part of sentencing.
- Seeking legal advice on whether the reading or category has been correctly classified.
What happens next?
- Note the details of any immediate suspension notice and its effective dates.
- Get advice as early as possible, ideally before your first court date.
- Consider whether an interlock program may be relevant to your situation.
- Gather any character references or evidence of steps taken since the incident for sentencing purposes.
- Attend court as required and follow your lawyer's advice on plea and material to be presented.
How can MGE Lawyers help?
We advise clients across the range of NSW drink driving categories, explaining clearly how their particular matter has been classified and what outcomes are realistically available. We take the time to understand your personal circumstances so that any mitigation material presented to the court is genuine and relevant.
Where there is a genuine basis to contest a charge, for example around testing procedure, we review the evidence carefully and advise honestly about the prospects of doing so, rather than encouraging an unrealistic approach.