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Drink driving is considered an offence in NSW, and the whole of Australia. Those caught in the offence face serious punitive actions like loss of license, disqualification, and even a conviction or imprisonment terms by the court.
The punishments for culprits are related to the seriousness of the offence. Drink driving punishments take into account the Alcohol level (PCA), related offences in the past if it leads to a conviction and so on.
It is a serious offence when you refuse to take a breath test.
As of May 2019, the penalties for drink driving in NSW was adjusted and now caters for a broader case of drink driving offences. A person caught in drink driving offences may have their licenses suspended immediately or may even have to make separate arrangements to get to their destination. In most cases, offenders can also expect drink driving records to appear on police check certificates or their Nationally Coordinated Criminal History Check record in accordance with the rules of the spent convictions scheme.
Now, it is no longer necessary to be summoned by a court to receive a fine for drunk driving. Right there on the spot, the individual is punished according to the severity of their condition.
The Road Transport Act of 2013 in NSW lists 5 levels of drink driving that attracts commensurate penalties. These levels are listed in the degree of their seriousness from less to severe. They are;
The novice range covers all drivers, especially a Learner, P1 or P2 driver with an alcohol level between 0.001 and 0.019 while handling a vehicle. It also covers all interlock license holders who operate a vehicle with related alcohol levels in the body.
Penalties for a novice range
For secondary or subsequent offenders; for non-first-time offenders
If a driver's test for alcohol content in the blood returns a value between 0.02 and 0.49, while they are learners or interlock license holders, it is regarded in the Special Range category.
For the Special Range PCA offence the individual can get punishments of;
For first offenders;
For a second or subsequent offenders;
It is defined as driving a vehicle with a blood alcohol concentration level between 0.05 and 0,079.
The penalties for this range are;
For first offenders;
For a second or subsequent offenders;
A person caught handling a vehicle with a blood alcohol concentration between 0.08 and 0.149 is guilty of a mid-range drink driving offence.
The penalties it attracts are;
First offenders;
Second or subsequent offenders;
A person handling a vehicle with a blood alcohol concentration of 0.15 and above is guilty of a high range Drink driving and may face penalties of up to
First offenders;
Second or subsequent offences;
A person found handling a vehicle under the influence of alcohol or other drugs will face a penalty of;
First offenders;
Second or subsequent offenders;
In Drug-related driving offences, it counts in your favour if the drug is for medicinal purposes.
The person must surrender their license and make other arrangements to reach their destination. All the on-the-spot conviction will be disclosed there, while matters that require court conviction will order a disqualification period starting from when you surrendered your license.
Most court orders grant the individual to apply for an interlock driver's license (interlock order). However, you must install an interlock device in your vehicle. It helps determine the alcohol content of the handler/driver (Breath test), before starting the vehicle. You must also visit your doctor to obtain a "Drink-less'' medical certificate.
Road Transport Act (2013) - https://legislation.nsw.gov.au/view/html/inforce/current/act-2013-018
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