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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):

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

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

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

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

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

12 months to 3 years

with a fine of $3,300

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

*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. 

 

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.

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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