Changes to drink driving laws in NSW
On 20 May 2019 a new scheme applicable to persons caught over the legally allowable prescribed concentration of alcohol (PCA) in the blood otherwise known as driving under the influence (DUI) or more commonly ‘drink driving’ came into effect. These new strict drink driving law changes means that it is now more important than ever for those charged to seek advice from a criminal and traffic lawyer experienced in drink driving matters.
In NSW it is important to remember that while most traffic breaches (for example speeding and running a red light) are not strictly speaking a ‘criminal offence’ in that they do not get recorded as a criminal conviction but they are traffic offences and get recorded as such on your Roads and Maritime licence record. Drink Driving, however, is far more serious in that a conviction for drink driving can be recorded as a criminal offence with the possibility of a conviction marked on your criminal record, not merely your traffic record. Therefore, drink driving offences carry far more wide-reaching consequences than other traffic misdemeanours. Therefore, it is crucial that you seek sound advice from an experienced traffic lawyer experienced in drink driving matters if you are caught for such an offence.
In NSW, the repercussions of being caught DUI are far more immediate and severe. As a part of its Road Safety Plan 2021;[1] the NSW Parliament passed the Road Transport Legislation Amendment (Penalties and Other Sanctions Act) 2018 (NSW).[2] These changes, already in effect from 20 May 2019, give the police or the Roads and Maritime Service (RMS) wide ranging powers to impose a three-month suspension of your licence effective immediately regardless of the nature of the offence.
One such example is that there is no longer a distinction in terms of an automatic licence suspension being applicable between so called low range PCA offences (ie a reading between 0.05 and 0.079), mid-range PCA (0.08 – 0.149) or high range PCA (over 0.150). To this extent, now even low range PCA offences are no longer treated with the same degree of leniency as they may have once been. If you are caught with any alcohol content on your breath, or in your blood, above the legal limit you may face an on the spot licence suspension immediately no matter how minor or how small over the limit your PCA reading may be.
It is therefore important to know your legal limit and take every reasonable step possible to limit your PCA below that limit. The limit for ordinary full licenced drivers is 0.05. However, the applicable PCA reading for Learner and P plate provisional drivers is 0.00. For Taxi, bus, hire care, Uber or other rideshare platform drivers and also for truck and heavy vehicle drivers, it is 0.02.[3] If, however, you have been caught drink driving, it is important to stay calm and co-operate with the authorities at the time but as soon as possible afterwards to seek out a traffic lawyer experienced in drink driving matters. Depending on the particular circumstances of each individual case; the sooner you seek sound advice from an experienced traffic or drink driving lawyer, the more you maximise your chances of reaching a better outcome.
The reasons for these reforms and, in particular, for treating even low range PCA with possible on the spot licence suspensions for three months has been described by the NSW Minister for Transport, Andrew Constance MP as a ‘zero tolerance’ approach:
“This reform makes it clear if you break the law, you will pay the price. We are taking a zero-tolerance approach to drink and drug driving.”[4]
With a zero-tolerance approach now being the state of play in NSW, it is essential that you know your rights and it is in your best interest to speak to one of our experienced drink driving lawyers today.
Our lawyers have long understood the maxim that ‘knowledge is power’, and so this is why our traffic lawyers take the time to regularly update themselves about changes in the law and work to assist their clients to also know the changes and be prepared for them. If, however, you are caught with a drink driving or traffic offence, you are welcome to contact our experienced legal team and speak to a drink driving or traffic lawyer for a free no obligation appraisal of your matter; and if we can assist you we will work with you to form a strategy for the best possible outcome in the circumstances.
By way of summary, the changes to the NSW drink-driving laws in place since 20 May 2019 include the following:
· All offenders (including low range PCA) may receive a minimum licence suspension of three-months;
· All offenders will receive an on the spot fine of at least $561;
· First-time offenders are not immune or exempt to the instant fine and suspension;
· It is an offence to refuse to take a breath test from an authorised officer when requested;
· If given an on the spot licence suspension, even if you elect to have the matter heard in Court, you must still stop driving between the offence and Court date.[5]
In an interview to the media about these drink-driving law changes the NSW Assistant Police Commissioner, Michael Corboy said:
“Alcohol is one of the major factors in crashes that kill or injure people on NSW roads… The 0.05 blood alcohol limit has been in place for almost 38 years. There are no more excuses.”[6]
With the police and the government taking a no-nonsense zero tolerance approach where lack of knowledge is no longer a good enough excuse; it is time to not let ignorance be the only possible explanation for offending behaviour, because it is not good enough to assist you. Don’t fall victim to ignorance, if you have a drink driving or traffic matter get into contact with the team at Pagin + Mak Lawyers for a free consultation. We will be more than happy to discuss any questions you may have and explain the process in greater detail.
Disclaimer:
The information above is intended as general information only and should not be relied on. You should discuss your individual situation with a lawyer.
[1] Road Safety Plan 2021 (NSW).
[2] Road Transport Legislation Amendment (Penalties and Other Sanctions Act) 2018 (NSW).
[3] Transport for NSW, Blood Alcohol Content Information Sheet, February 2016.
[4] Andrew Constance MP, Transport for NSW Media Release, 6 May 2019.
[5] Road Transport Legislation Amendment (Penalties and Other Sanctions Act) 2018 (NSW).
[6] Phoebe Loomes, All NSW drink-drivers to lose licence immediately under tough new rules, News.com.au, 6 May 2019.