The Criminal Aftermath of Drink Driving: Penalties and Sentences
Drink driving is an offence under the Road Transport (Safety & Traffic Management) Act 1999 (NSW) (the “Act”). In New South Wales there are effectively five categories of “prescribed concentration of alcohol” (PCA) offences.
According to these five categories, it is an offence to do any of the following where there is a prescribed concentration of alcohol in a person’s blood:
>> Drive a motor vehicle.
>> Be seated behind the wheel and attempt to put the vehicle in motion.
>> Be the holder of a driver’s license and sit beside a learner’s license holder who is driving the vehicle.
From the breath test to the court room
If police direct you to provide a breath sample when you are driving a motor vehicle, you must stop and comply with the police officer’s directions. It is an offence if you refuse a direction from a police officer to provide a breath sample.
Once the police obtain the breath sample and the results indicate a level of alcohol over the prescribed limit, the police may arrest you and to take you to a police station to carry out a “breath analysis”.The breath analysis reading is what provides the basis for being charged for an offence under the relevant PCA category. It is an offence to refuse to submit to this breath analysis.
After the breath analysis, you will ordinarily be released from the police station on unconditional bail.The police, however, may request that you sign a “bail undertaking,” with certain conditions prior to your release. You will also be notified of the day when your matter will be heard before the local court and you must attend court on that day.
In determining your penalty or sentence, the court will consider whether you have previously committed any similar or other offences including negligent or dangerous driving and infringements such as speeding offences. Section 10 of the Act allows the court to find a person guilty of an offence without recording a conviction. This may apply for first time offenders and people who have had sound driving records for a long period of time. An order pursuant to section 10 means that the mandatory licence disqualification period set by the Act will not apply so that you may retain your license. The court also cannot order a monetary penalty when a charge has been dismissed pursuant to section 10.
If you are interested to know something more on Aftermath of Drink Driving and other details,you are welcome to the Drink Driving site.
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