Drink and drug driving

In New South Wales (NSW), drink and drug driving offences are taken very seriously due to the significant risks they pose to public safety. Offences commonly referred to as drink driving are recorded as driving with a Proscribed Concentration of Alcohol. Below is a summary of the levels of concentration and the consequences, if convicted:

Drink Driving Offences

  1. Low Range PCA (BAC 0.05 - 0.079):

    • First Offence: 3-month suspension and a fine.

    • Subsequent Offences: Longer suspension periods and higher fines.

  2. Mid Range PCA (BAC 0.08 - 0.149):

    • First Offence: 6-month suspension and a fine.

    • Subsequent Offences: Longer suspension periods, higher fines, and possible imprisonment.

  3. High Range PCA (BAC 0.15 and above):

    • First Offence: 12-month suspension and a fine.

    • Subsequent Offences: Longer suspension periods, higher fines, and possible imprisonment.

Drug Driving Offences

  1. Presence of Illegal Drugs:

    • First Offence: 3-month suspension and a fine.

    • Subsequent Offences: Longer suspension periods, higher fines, and possible imprisonment.

  2. Driving Under the Influence of Drugs:

    • First Offence: 6-month suspension and a fine.

    • Subsequent Offences: Longer suspension periods, higher fines, and possible imprisonment.

In New South Wales (NSW), the Alcohol Interlock Program is a mandatory requirement for certain drink driving offences.

Drink Driving Offences and Interlock Requirements

  1. Mid Range PCA (BAC 0.08 - 0.149):

    • First Offence: 3 month suspension, a fine, and a minimum 12-month interlock period.

    • Subsequent Offences: Longer suspension periods, higher fines, and a minimum 24-month interlock period.

  2. High Range PCA (BAC 0.15 and above):

    • First Offence: 9 month suspension, a fine, and a minimum 24-month interlock period.

    • Subsequent Offences: Longer suspension periods, higher fines, and a minimum 48-month interlock period.

  3. Repeat and Serious Offences:

    • Offenders convicted of more than one drink driving offence or other serious drink driving offences are required to participate in the Alcohol Interlock Program.

How the Interlock Works

  • Interlock Device: An electronic breath-testing device linked to the vehicle's ignition system. The vehicle will not start if the device detects alcohol.

  • Random Breath Tests: The interlock device may require random breath tests during a journey.

  • Monitoring: The device records all breath test results and any attempts to tamper with it.

Exemptions

  • Interlock Exemption Order: Offenders can apply for an exemption if they do not have access to a vehicle or have a medical condition that prevents them from using the device. The court may grant the exemption if the criteria are met.