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DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS

DRINK/DRUG DRIVING OFFENCES

Overview

Ranges for prescribed amounts of alcohol for drink drive (known as ‘DUI’) matters in NSW (under the Road Transport Act NSW 2013):

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  • ​Low Range (0.05-0.079) – First offence disqualified from driving from

3-6 months with a fine of $1,100

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  • ​Mid Range (0.08 -0.149) – First offence disqualified from driving from

6-12 months with a fine of $2,200

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  • ​High Range (0.150+) – First offence disqualified from driving from

12 months to 3 years

with a fine of $3,300

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  • ​Special Range (0.02 -0.049) – First offence disqualified from driving from 3-6 months with a fine of $1,100*

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*these are maximum penalties and are avoidable and discretionary. KF Lawyers can not guarantee that you will receive these penalties. KF Lawyers provides this as a guide to you. 

 

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When a driver is stopped by police and requested to submit to a roadside breath test, the driver is required by law to provide a sample of their breath for initial testing. Generally, police will use a passive test which requires a person to simply speak for a few seconds resulting in an indication whether alcohol is present in the drivers breath.

 

If the passive test reveals that alcohol is present, police will require you to submit to a direct test which involves blowing a sample into their Alcolizer devices through a tube. If this direct test is positive, police will place the driver under arrest and escort them to the nearest Police Station for a Breath Analysis test.

 

If the driver refuses to comply with the police form of demand to provide a sample of their breath, police will arrest the driver and escort them to a Police Station as if they have provided a positive sample.

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KF Lawyers Australia is here to assist with any Drink / Drug driving related inquiries you may have. Please follow the links above for further information or get in touch to request a free, no obligation consultation today.

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This information is intended to provide a general guide to the law. It should not be relied on as legal advice and it is recommended that you contact KF Lawyers to obtain tailored advice about your particular situation. The information stated is correct as at the date it has been published, and it may be amended from time to time. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

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