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Drink Driving Penalties - An Update!

On the spot fines and licence disqualification for low range drink driving

From 20 May 2019, new on the spot penalties will apply to drivers who commit a first-time, lower-range drink-driving offence (which can include low, special and novice range drink-driving offences).

Drivers who commit a lower-range drink-driving offence (a reading of 0.05 - <0.08) for the first time will have their licence suspended immediately, effective for three months. This will be coupled with a significant fine (currently $561).

Interlock extended to mid-range drink driving

Already in force from 3 December 2018 are the new alcohol interlock laws for mid-range offenders

An interlock is an electronic breath testing device connected to the ignition of a vehicle. It prevents the vehicle from starting if alcohol is detected. The interlock also includes a camera and takes a photograph of the person providing the breath sample to reduce the risk of a driver circumventing the program.

All drivers convicted of high-range, repeat and other serious drink-driving offences in NSW committed on or after 1 February 2015 are required to have an interlock installed.

As part of the Road Safety Plan 2021, the NSW Government has expanded the interlock program so that it also applies to drivers convicted of all middle-range drink driving (a reading of 0.08 - <0.15) and driving a motor vehicle under the influence of alcohol offences committed from 3 December 2018.

For all offences that require a mandatory interlock, the court orders offenders to complete:

  • A licence disqualification period, and

  • A period of participation in the interlock program (minimum 12 months).

The length of the licence disqualification and interlock period vary depending on the type of offence. Longer periods apply for the most serious offences.

Vehicle sanctions for high-risk drink drivers

In NSW, police can confiscate number plates at the roadside or impound the vehicle if they detect a driver committing certain high-risk offences. This includes ‘hoon’ offences, such as street racing, engaging in a police pursuit or speeding by more than 45km/h over the limit.

As of 3 December 2018 the vehicle sanctions scheme also applies to repeat, high-risk drink drivers. Vehicle sanctions typically apply for three months.

If you are facing charges get in touch now.