Despite having an illegal blood alcohol concentration (BAC) limit for over 25 years, drink driving continues to be a significant cause of fatalities and injuries on Australian roads. The penalties for drink driving can vary depending on the level of alcohol in your system, your driving history, and other factors. If you are caught drink driving, you could face severe consequences, including hefty fines, licence suspension or cancellation, and even imprisonment.
In this article, let’s discuss the consequences of drink driving in Australia and what you should know to avoid it and how our team of expert drink driving lawyers can help you.
The Legal Limit for BAC in Australia
In Australia, the legal limit for BAC is 0.05%. This means that if you are driving a vehicle with a BAC of 0.05% or higher, you are breaking the law. For drivers with a probationary or learner’s licence, the legal limit is zero, meaning they must have no alcohol in their system while driving.
The details regarding varying licence types can be found on government and driving websites of your state. It is recommended to search for information from these sources to obtain accurate information.
Is Drink Driving A Criminal Offence?
Yes, drink driving is a criminal offence in Australia. All states and territories in Australia have laws that make it a criminal offence to drive a vehicle while under the influence of alcohol or drugs. If you are caught drink driving, you will be charged with a criminal offence, and if you are convicted, it will appear on your criminal record. The severity of the offence and the penalties that apply will depend on the level of alcohol or drugs in your system, your driving history, and other factors.
Consequences of Drink Driving in Australia
The consequences of drink driving can be severe, and they can impact not only your life but also the lives of others. Some of the most common consequences of drink driving in Australia include:
- Fines: If you are caught drink driving, you can expect to receive a fine of several hundred to several thousand dollars, depending on the severity of the offence.
- Licence Suspension or Cancellation: When you get caught drink driving, your licence may be suspended or cancelled. The length of the suspension or cancellation can vary depending on the level of alcohol in your system and your driving history.
- Imprisonment: In some cases, particularly for repeat offenders or those who have caused accidents while drink driving, imprisonment may be a consequence of the offence.
- Criminal Record: Being a criminal offence in Australia, drink driving will appear on your criminal record if you are convicted. This can have a negative impact on your future employment and travel opportunities.
- Higher Insurance Costs: Once caught drink driving, your insurance premiums may increase significantly or you may find it difficult to get insurance coverage at all.
What Are Drink Driving Offences and Their Penalties in NSW?
Driving with a blood alcohol level that exceeds the legal limit is considered a grave offence in New South Wales, and various levels of prescribed concentrations of alcohol (PCA) call for different types of penalties.
If you’re caught committing a low, special or novice range drink driving offence, your licence can be suspended immediately by the NSW Police. In case it is your first offence, you can expect a 3-month suspension of your licence, accompanied by an on-the-spot fine.
A mid-range drink driving offence occurs when a driver is discovered to have a BAC higher than 0.08 but less than 0.15. This could mean a maximum court-imposed fine of $2200, a maximum prison term of 9 months, an immediate licence suspension and unlimited maximum disqualification.
When the BAC is found to be higher than 0.15, it’s considered a high-range drink driving offence. This could have a maximum court-imposed fine of $3300, a maximum prison term of 18 months, an immediate licence suspension and be subject to an alcohol interlock order for first-time offenders.
For more details about drink driving offences and their penalties for first and subsequent offences in NSW, click here.
How to Avoid Drink Driving in Australia
To avoid drink driving and its consequences, it’s important to plan ahead. Here are some tips to help you stay safe on the road:
- Don’t Drink and Drive
The easiest way to avoid drink driving is not to drink alcohol before driving. If you plan on drinking, arrange alternative transportation, such as a taxi or designated driver.
- Know Your Limits
Everyone reacts to alcohol differently, so it’s important to know your limits. If you are not sure, it’s best to err on the side of caution and avoid drinking altogether.
- Use Alcohol Interlocks
Alcohol interlocks are devices that prevent a vehicle from starting if the driver has been drinking. They are often used as a requirement for drivers who have been caught drink driving.
- Educate Yourself
Understanding the risks and consequences of drink driving can help you make better decisions. Learn about the legal limit for BAC in your state or territory, the penalties for drink driving and the effects of alcohol on driving.
Get the Legal Help You Need with Jackson John Defence Lawyers
Drink driving is a serious offence in Australia, and the consequences can be severe. If you are caught drink driving, you could face hefty fines, licence suspension or cancellation, and even imprisonment. To avoid these consequences, plan ahead and never drink and drive. Remember, the best way to stay safe on the road is to always drive sober.
If you’ve been charged with a drink driving offence, don’t hesitate to seek expert legal representation. At Jackson John Defence Lawyers, we are a dynamic law firm specialising in criminal defence law, for reliable and professional legal services. Our team of drink driving lawyers are committed to ensuring that every client receives a fair trial and representation without prejudice or bias. With an extensive and varied case history, our results speak for themselves.
Contact us today to schedule a consultation and learn how we can help you.
