Drink driving offences in Erina

If you have been charged with drink driving, our dedicated lawyers are here to defend your licence and your reputation as a driver. Please note that you will be required to attend court in all instances of drink driving offences in NSW.

The guide for legal blood alcohol levels includes:

Each range has a different penalty that can be imposed. Past offences can affect how high the penalty can be increased.
Depending on your blood alcohol reading, if it’s your first offence you can expect to receive a licence disqualification anywhere between 3 months to 3 years.
If you’ve been charged with committing a drink driving offence in Erina, we’ll advise you of your options and represent your case in court. Contact us today to make an appointment with Spencer Lawyers today.

Novice-Range Drink Driving

Learner or provisional drivers that have committed a drink driving offence will be penalised under the novice range drinking driving. A court conviction will impose an automatic 6-month disqualification, however the court can reduce this to a minimum of 3 months. This offence has a maximum fine of $1,100.00.
If this your second major traffic offence in 5 years the automatic disqualification period is increased to 12 months and can impose a maximum fine of $2,200.00. However the court may choose to reduce the disqualification period to 6 months.
In both cases, the court may choose to deal with the drink driving offence under ‘Section 10’, i.e. without conviction, disqualification or fine.

Special-Range Drink Driving

This offence applies to holders of a learners or provisional licence or a person who doesn’t hold a licence at all. This may be because it’s been suspended or cancelled, disqualified, the person has been refused a driver’s licence in the past or has never obtained a licence.
If you have committed a drink driving offence in the special range category, the court must disqualify you from driving for a period of time. The automatic disqualification period is 6 months however the court may reduce this to a minimum of 3 months. The maximum fine for this offence is $1,100.00.
If this is your second major traffic offence in the last 5 years, you will be automatically disqualified for 12 months but the court can reduce this to a minimum of 6 months. The maximum fine for this offence is $2,200.00. In both cases, the court may choose to deal with the drink driving offence under ‘Section 10’, i.e. without conviction, disqualification or fine.

Low-Range Drink Driving

The penalty for a low range drink driving offence is the same as special range drink driving. The court must disqualify you from driving for a period of time. You will be automatically disqualified for 6 months, but this may be reduced to a minimum of 3 months. The maximum fine for this offence is $1,100.00.
If this is your second major traffic offence in the last 5 years, you will be automatically disqualified for 12 months but the court can reduce this to a minimum of 6 months. The maximum fine for this offence is $2,200.00.
In both cases, the court may choose to deal with the drink driving offence under ‘Section 10’, i.e. without conviction, disqualification or fine.

Mid-Range Drink Driving

If you have been convicted of a mid range drink driving offence the court must disqualify you for a period of time. The automatic disqualification time for the first major traffic offence is 12 months although the court can reduce it to the minimum of 6 months. The maximum prison sentence is 9 months and/or a maximum fine of $2,200.00.
If this is the second major traffic offence within 5 years, you will be automatically disqualified for 3 years. However the court may reduce this time to a minimum of 12 months. The maximum prison sentence is up to 12 months and/or a maximum fine of $3,300.00.
In both cases, the court may choose to deal with the drink driving offence under ‘Section 10’, i.e. without conviction, disqualification or fine.

High-Range Drink Driving

The maximum penalty for a first time offender of a high range drink driving offence is imprisonment for 18 months, an automatic disqualification of 3 years, incurring a maximum fine of $3,300.00. If this is a second or subsequent major traffic offence the fine can be increased to $5,500.00 and you will be automatically suspended for 5 years. However, this suspension can be reduced to a minimum of 2 years.
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