For most people charged with drink driving, it is their first contact with the criminal justice system. You are handed paperwork at a police station, told a court date, and left to work out what any of it means. This guide sets out the process from the roadside to the courtroom, so you know what is coming.
It usually begins at a Random Breath Test (RBT) stop, or after police pull you over for a suspected traffic violation. You blow into a small handheld device. This is a preliminary test only. It detects the presence of alcohol; it does not produce a reading that will be used against you.
A positive result does not mean you are charged on the spot. Police arrest you for the purpose of a breath analysis and take you to a police station or a mobile testing bus. There, you blow into a larger calibrated machine. That second reading is the official one, and it is the reading police rely on in court.
Drink driving offences in NSW are categorised by Blood Alcohol Concentration. The category you fall into dictates the penalties you face:
If you are charged with a mid-range or high-range offence, or if it is your second low-range offence, police can suspend your licence immediately at the station. You cannot legally drive home. The suspension stays in place until your court date, which may be several weeks away.
Driving while suspended is a serious criminal offence that can lead to jail time. If you urgently need to drive for work or family responsibilities, seek advice immediately. In some circumstances the suspension itself can be challenged. Our licence appeal lawyers can advise you on whether that is open to you.
If you are charged with mid or high-range drink driving, or you elect to take a low-range infringement to court, you must appear before a Judge in the Local Court. You enter a plea of guilty or not guilty. Most drink driving matters proceed as guilty pleas, because the breathalyser reading is difficult to contest.
On a guilty plea, the Judge hears the police facts, examines your traffic record, and listens to submissions from your lawyer. Your lawyer explains the context of the offence, your good character, your need for a licence, and the steps you have taken since. The material that tends to carry the most weight is the material prepared before the day, not the submissions made on it.
In some cases a lawyer can persuade the Judge to grant a Section 10 non-conviction order. If you receive a Section 10 dismissal or a Conditional Release Order without conviction, the court finds you guilty but records no criminal conviction, and you keep your licence. It is the best outcome available.
Do not go to court alone on these charges. Preparation and advocacy can substantially reduce your penalty. Contact our drink driving defence team to build your case.
