Due to the lockdown practices, the Police across the country have stopped conducting static roadside tests of drivers for alcohol and drugs because of the risks to officers and the public from the coronavirus. Does this mean you are free and to go down to your local pub without no booze wagon around the corner? No. The Police will still maintain a strong presence on the nation’s road to minimise the effects on road safety. The Police have affirmed to continue targeted mobile testing where they suspect a driver is under the influence of alcohol and drugs.
What is Drink Driving?
Anyone can be charged with alcohol-related motoring offences. National Criminal Lawyers have acted for a multitude number of matters for our clients. We have been successful in defending a number of Drink Driving charges and have achieved a number of non-convictions. Driving or attempting to drive behind the wheel of a car, truck, motorcycle or any other motorised vehicle after consuming alcohol is a serious crime. It is important that any form of drinking and driving above the threshold is illegal. If you have been charged with a drink driving offence, National Criminal Lawyers have been successful in defending a number of Drink Driving charges by ways of negotiations with police, to have the charges to be withdrawn, downgrade the facts and enter a plea of not-guilty and have had the matter taken to a hearing.
What are the Penalties for drink driving
From May 2019, tougher penalties have been applied for drink driving in NSW. These include:
- immediate license suspension;
- on the spot fines;
- Court-imposed fines of up to $5,500;
- Minimum disqualification of licence for 3 months;
- Maximum disqualification of licence for an unlimited amount of time;
- Alcohol interlock order; and
- Maximum prison term of 2 years.
The Law
Section 110 of the Road Transport Act 2013 deals with presence of prescribed concentration of alcohol in person’s breath or blood.
1) Offence—novice range prescribed concentration of alcohol A novice driver must not, while there is present in the driver’s breath or blood the novice range prescribed concentration of alcohol—
a) drive the motor vehicle, or
b) occupy the driving seat of the motor vehicle and attempt to put the 2) Offence—special range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the special range prescribed concentration of alcohol—
a) if the person is a special category driver in respect of a motor vehicle—drive the motor vehicle, or
b) if the person is a special category driver in respect of a motor vehicle—occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
c) if the person is a special category supervisor in respect of a motor vehicle and the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.
3) Offence—low range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the low range prescribed concentration of alcohol—
a) drive a motor vehicle, or
b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.
4) Offence—middle range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the middle range prescribed concentration of alcohol—
a) drive a motor vehicle, or
b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle
5) Offence—high range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the high range prescribed concentration of alcohol—
a) drive a motor vehicle, or
b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.
What is driving under the influence of drugs?
Driving while there is a prescribed illicit substance present in oral fluid, blood or urine is an offence commonly known as Drug Driving. National Criminal Lawyers are the most reputable defence lawyers in Sydney. We know that a person does not have to be impaired by drugs to be charged with a drug driving offence.
What are the Penalties for driving under the influence of drugs
It is illegal to drive or attempt to drive with any presence of any of the following drugs in oral fluid, blood or urine:
• Active THC (Cannabis)
• Methylamphetamine (Speed/ice)
• Methylenedioxymethlamphetamine (MDMA or ‘ecstasy’) or
• Cocaine
Penalties include:
- Minimum disqualification of licence of 3 months;
- Maximum disqualification of license for an unlimited amount of time;
- Penalty notice fines;
- Court imposed fines of up to $3,300;
- Automatic disqualification of licence.
The Law
Section 111 of the Roads Transport Act 2013 deals with the presence of certain drugs in oral, fluid, blood or urine.
1) A person must not, while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug—
a) drive a motor vehicle, or
b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.
2) If a person is charged with an offence against subsection (1)—
a) the court attendance notice may allege that more than one prescribed illicit drug was present in the oral fluid, blood or urine of the person and the proceedings are not liable to be dismissed on the ground of uncertainty or duplicity if each of those drugs is described in the court attendance notice, and
b) the offence is proved if the court is satisfied beyond reasonable doubt that there was present in the oral fluid, blood or urine of the defendant—
i. a drug described in the court attendance notice, or
ii. a combination of drugs any one or more of which was or were described in the court attendance notice.