Drink Driving Lawyers Sydney
A drink driving charge can affect your licence, employment and everyday responsibilities. More serious offences can also carry a risk of imprisonment. Obtaining legal advice early helps you understand the allegation, the potential consequences and the options available.
George Sten & Co provides advice and representation in drink driving matters across NSW. Established in 1967 and based in Sydney’s CBD, our firm focuses exclusively on criminal law.
Call (02) 9261 8640 to arrange an appointment. For urgent legal assistance outside business hours, call our 24-hour line on 0412 423 569.
What Are Drink Driving Offences?
Drink driving matters can involve:
- Driving with a prescribed concentration of alcohol (PCA).
- Driving or attempting to drive under the influence of alcohol.
- Supervising a learner driver while affected by alcohol or over the applicable limit.
- Refusing or failing to comply with a lawful testing requirement.
- Dangerous driving involving alcohol.
- Combined alcohol and drug driving offences.
The offence and potential penalty depend on factors including your alcohol reading, licence category, driving history and the circumstances of the incident.
Lower-Range Drink Driving and Immediate Suspension
For eligible first-time low, novice or special-range PCA offences, police can issue a penalty notice and an immediate three-month licence suspension.
This means you may lose your ability to drive before any court hearing. Read the suspension notice carefully and do not drive while suspended.
The penalty notice amount is indexed and should be checked against current requirements. The previously quoted $581 should not be relied upon.
If you receive a notice, obtain advice before deciding whether to pay the fine, seek a review or elect to have the matter determined by a court. These options can have different consequences.
Mid-Range and High-Range Drink Driving
Mid-range PCA involves an alcohol concentration of 0.08 or more but less than 0.15. High-range PCA involves a concentration of 0.15 or more.
The maximum court penalties include:
| Offence | Maximum fine: first offence | Maximum imprisonment: first offence | Maximum fine: subsequent offence | Maximum imprisonment: subsequent offence |
|---|---|---|---|---|
| Mid-range PCA | $2,200 | 9 months | $3,300 | 12 months |
| High-range PCA | $3,300 | 18 months | $5,500 | 2 years |
These are maximum penalties, not automatic outcomes. Licence consequences apply separately, and the statutory rules determine whether an offence is treated as a first or subsequent offence.
Read more about high-range drink driving charges.
Alcohol Interlock Orders
Mandatory alcohol interlock requirements generally apply to convictions for mid-range, high-range, repeat and certain other serious alcohol-related driving offences.
An interlock order involves an initial disqualification period, followed by driving under an interlock licence. The device requires an alcohol-free breath sample before the vehicle can start and further samples during a journey.
Disqualification periods under the interlock scheme differ from those applying where an exemption is granted. Exemptions are restricted and are not available simply because participation is inconvenient.
Our lawyers can explain the requirements applying to your charge, including the consequences of not entering or completing the program.
Refusing a Breath Test or Breath Analysis
Refusing or failing to comply with a lawful breath-testing requirement can be an offence.
A roadside breath test and a formal breath analysis are different procedures. The applicable offence and penalties depend on the requirement involved and the circumstances. Refusing breath analysis can attract substantially more serious consequences than refusing a preliminary breath test.
Comply with lawful testing requirements and seek advice promptly if police allege a refusal or failure.
How Our Drink Driving Lawyers Can Help
We assess the charge and evidence before advising on your options. Depending on the matter, our work may involve reviewing testing procedures, identifying disputed issues, preparing a defence or presenting sentencing submissions.
We can assist with:
- Low, novice, special, mid-range and high-range PCA allegations.
- Driving or attempting to drive under the influence.
- Alcohol-related learner-supervision offences.
- Dangerous driving involving alcohol.
- Questions about breath testing and analysis.
- Licence suspensions and available appeals.
- Interlock requirements.
- Arrest, bail and court proceedings.
- Related drug driving charges.
For related testing information, see our page on mobile drug testing and driving offences.
Can You Appeal an Immediate Licence Suspension?
An immediate police suspension can be appealed to the Local Court, but strict requirements apply. Generally, an appeal must be lodged within 28 days of receiving the suspension notice.
Do not assume that lodging an appeal restores your right to drive. Obtain advice about your current licence status and the grounds needed for the court to intervene.
Preparing for Your Matter
Keep your court attendance notice, suspension notice, test paperwork and any other police documents. Provide your lawyer with an accurate account and information about your driving history.
If you intend to plead guilty, relevant preparation may include character references, evidence of rehabilitation and information about the practical consequences of disqualification. Employment or family hardship does not automatically prevent loss of licence.
No lawyer can guarantee a particular result. Careful preparation helps ensure the court receives the relevant information.
Speak With George Sten & Co Crminal Lawyer
Whether you have received a penalty notice, been suspended or been charged with a drink driving offence, our Sydney lawyers can explain your position and prepare your matter.
Call (02) 9261 8640 to arrange an appointment.
For urgent criminal law assistance, call 0412 423 569, available 24 hours.