Drink Driving Lawyer Central Coast
Drink Driving Offences in the Central Coast
If you have been charged with drink driving, our dedicated lawyers specialise in representing cases related to drink driving on the Central Coast. We are here to defend your licence and your reputation as a driver.
In NSW, all drink driving offences require a court appearance. Your drink driving offence will fall into one of the following ranges, which will determine your defence:
- Novice range: 0.00 to 0.019
- Special range: 0.02 to 0.049
- Low range: 0.05 to 0.079
- Mid range: 0.08 to 0.149
- High range: 0.15 and higher
Each range carries its own penalties, with past offences potentially increasing the severity. Depending on your blood alcohol reading, first-time offences can lead to licence disqualifications between 3 months and 3 years.
If you receive an infringement notice, contact Spencer Lawyers before deciding whether to pay the infringement notice or not.
Contact Spencer Lawyers today to make an appointment and be prepared to defend your case.
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Are You Facing Drink Driving Charges? Here's Why You Need a Drink Driving Lawyer on the Central Coast
Being charged with drink driving can be a stressful, confusing and life-changing experience. From hefty fines to licence disqualification—and in some cases, even imprisonment—the consequences of a conviction can be severe. If you've found yourself in this situation, it’s crucial to understand your rights and get proper legal support. That's where a drink driving lawyer Central Coast clients trust becomes your most important ally.
Understanding Drink Driving Offences in NSW
In New South Wales, drink driving is categorised as a criminal offence. The offence is generally defined as driving a motor vehicle with a blood alcohol concentration (BAC) at or above the legal limit. The thresholds are:
- 0.05 for most drivers
- 0.00 for learner, provisional (P1 and P2) and commercial drivers
The offence is further divided into levels, including:
- Low-range PCA (Prescribed Concentration of Alcohol): 0.05 to 0.079
- Mid-range PCA: 0.08 to 0.149
- High-range PCA: 0.15 and above
- Special range PCA: 0.02 to 0.049 for certain licence holders
Penalties vary depending on the offence level, previous convictions and the circumstances of the incident. That’s why having an experienced drink driving lawyer Central Coast locals rely on is important to achieving the best possible outcome.
Why Hire a Drink Driving Lawyer?
Many people mistakenly believe that they can simply plead guilty and move on. But the reality is, the consequences can be more significant than you might expect. A drink driving lawyer on the Central Coast can help you by doing the following:
- Explain your legal rights and responsibilities
- Identify any potential defences
- Help you obtain a reduced sentence or even have the charge dismissed
- Represent you in court and speak on your behalf
- Assist with licence appeals or work licence applications
Having legal representation not only improves your chances in court but also gives you peace of mind during a difficult time. Contact our firm to seek legal help.
Common Penalties for Drink Driving
Penalties for drink driving offences vary depending on the BAC level, prior offences and whether it’s your first or subsequent offence. A drink driving lawyer on the Central Coast can help you understand what to expect based on your specific situation. Common penalties include:
- Fines: Ranging from several hundred to thousands of dollars. The amount you’re fined will depend on the severity of the offence and whether it's a first or subsequent charge. Courts also take into account your personal and financial circumstances when determining the penalty. While it may seem straightforward, a lawyer can sometimes negotiate a reduced fine based on mitigating factors.
- Licence disqualification: Can be automatic or court-imposed. Disqualification periods vary depending on your BAC reading, offence category and history. Some disqualifications are automatic unless the court determines otherwise, particularly for low-range offences. A drink driving lawyer can advocate for a reduced disqualification period or a conditional licence to maintain your ability to work or care for dependants.
- Interlock orders: Mandatory for certain offences. If you’re convicted of a mid or high-range offence, you may be required to install an alcohol interlock device in your vehicle. This program can be expensive and inconvenient, requiring regular breath tests before you can drive. Legal advice is essential, as your lawyer may help you qualify for an exemption or explain your responsibilities under the scheme.
- Criminal conviction: Appears on your criminal record. A conviction can affect employment, travel visas and insurance premiums. For some professions, it may also jeopardise your licensing or ability to continue working. Your lawyer may be able to seek a non-conviction outcome under section 10, particularly if you have no prior record and show genuine remorse.
- Imprisonment: For serious or repeat offences. While jail time is uncommon for first-time low-range offences, it becomes a real risk with higher readings or repeat offending. Courts treat these cases seriously due to the risk posed to the public. A lawyer can present strong submissions on your behalf to argue for alternatives to custody, such as intensive corrections orders or community service.
It’s worth noting that even a first-time offender can receive a criminal conviction, which can impact employment opportunities, travel and more.
Possible Legal Defences
Not every drink driving charge leads to a conviction. A skilled drink driving lawyer on the Central Coast can explore possible defences such as:
- Challenging the accuracy of the breathalyser or blood test
- Procedural errors in the way police conducted the roadside test
- No intention to drive (e.g., sitting in a parked car to sleep)
- Duress or necessity in rare and exceptional circumstances
While these defences won’t apply to everyone, our lawyers will assess your case and advise you on the best course of action.
Possible Legal Defences
Drink driving matters are usually heard in the Local Court. You’ll receive a Court Attendance Notice (CAN) outlining your charge and court date. If you’ve engaged with a drink driving lawyer from our firm, we'll guide you through every step of the court process, including:
- Preparing a plea (guilty or not guilty)
- Gathering evidence and supporting documents
- Obtaining character references and expert reports if necessary
- Representing you during sentencing or trial
- Explaining the outcome and any conditions attached
Having a lawyer allows you to be fully prepared and can help you present your case in the best possible light.
How a Lawyer Can Help Reduce Penalties
Even if you're pleading guilty, a good drink driving lawyer on the Central Coast can help minimise the impact. Depending on the facts of your case, we may do the following:
- Apply for a non-conviction order under section 10 of the Crimes (Sentencing Procedure) Act
- Argue for a conditional release order (CRO) without a conviction
- Request a reduced disqualification period
- Present mitigating factors such as your remorse, clean record or need for a licence for work
Our job is to help the court see you as more than just the charge on paper, adding nuance and empathy to your case based on the evidence and circumstances surrounding the drink driving incident.
What to Bring to Your First Appointment
If you’re meeting with a drink driving lawyer for the first time, it helps to come prepared. When you attend your first appointment at our firm, we recommend preparing by bringing the following with you:
- Your Court Attendance Notice
- Any documents provided by police
- A copy of your driving history
- Notes on what happened during the incident
- Any questions or concerns you may have
The more information you provide, the better advice your lawyer can offer.
Why Local Knowledge Matters
Engaging a drink driving lawyer isn’t just about legal expertise—it’s also about local experience. Lawyers familiar with Central Coast courts understand how local magistrates operate, what kind of sentencing trends exist and how to tailor your case accordingly. This local insight can make a real difference in the outcome of your matter. With over 20 years of experience, we know the ins and outs of drink driving laws on the Central Coast.
Novice-Range Drink Driving
Learner or provisional drivers charged with novice range drink driving face an automatic 6-month disqualification.
However, the court may reduce this to a minimum of 3 months. The maximum fine for this offence is $1,100.
For second major traffic offences within 5 years, the automatic disqualification increases to 12 months, with fines up to $2,200.
The court may reduce disqualification to 6 months. In both cases, the court may opt for 'Section 10', dealing with the offence without conviction, disqualification, or fine.
Special-Range Drink Driving
This applies to learner or provisional licence holders or individuals without a valid licence (suspended, disqualified, or never held). The automatic disqualification period is 6 months but can be reduced to 3 months. Fines can reach $1,100.
For a second offence within 5 years, disqualification increases to 12 months, with a maximum fine of $2,200. Courts may also consider 'Section 10' for leniency without conviction or penalties.
Low-Range Drink Driving
Low-range offences carry penalties similar to special-range offences. Automatic disqualification is 6 months but may be reduced to 3 months, with fines up to $1,100.
Repeat offences within 5 years result in an automatic disqualification of 12 months (reducible to 6 months) and fines up to $2,200. Courts may handle these cases under 'Section 10' when appropriate.
Mid-Range Drink Driving
Convictions for mid-range drink driving lead to automatic disqualification of 12 months for first-time offences, which the court may reduce to 6 months.
Maximum penalties include 9 months imprisonment and fines up to $2,200.
For second offences within 5 years, disqualification rises to 3 years (reducible to 12 months), with imprisonment up to 12 months and fines up to $3,300.
Courts may still consider 'Section 10' in certain circumstances.
High-Range Drink Driving
High-range drink driving carries severe penalties. First-time offenders face imprisonment for up to 18 months, automatic disqualification of 3 years, and fines up to $3,300.
For repeat offences, penalties increase to 5 years disqualification (minimum of 2 years), imprisonment up to 2 years, and fines up to $5,500.
Call a Local Drink Driving Lawyer for Assistance
Being charged with drink driving is not the end of the road. With the right legal support, you can navigate the system confidently and work toward the best possible outcome. Working with a trusted drink driving lawyer on Central Coast can make a significant difference—whether it’s reducing your penalty, helping you keep your licence or even avoiding a conviction altogether.
If you or someone you know is facing a drink driving charge, don’t delay. Seek expert legal help as soon as possible. The earlier you act, the more options you have available.
If you’ve been charged with drink driving on the Central Coast, we’re here to provide local legal representation.
Call Spencer Lawyers on
0414 709 543 today to organise an initial consultation.
Frequently Asked Questions
Can I be charged with drink driving if I wasn’t actually driving?
Yes. If you’re in the driver’s seat with the keys in the ignition, you could be charged with being in control of a vehicle while intoxicated.
Can I refuse a roadside breath test?
No. Refusing a breath test is a separate offence and carries severe penalties including automatic licence disqualification.
Are drink driving penalties harsher if I have passengers in the car?
In some cases, yes. Carrying passengers—especially children—can lead to more severe penalties.
