Complete Guide to Drink Driving Charges | Astor Legal

Request callback





    Articles

    This is a complete guide to the law, defences, penalties and disqualifications for various drink driving offences in NSW.

    Get A Free Case EvaluationHave a legal issue?

    Submit your inquiry to speak to a Senior Lawyer






      drink driving

      Complete Guide to Drink Driving Charges

      Drink driving offences carry significant disqualification periods. Many also carry terms of imprisonment. As such, it is crucial to be aware of the various drink driving offences as well as possible defences.

      These offences are based on the prescribed concentration of alcohol (PCA) in a person’s system. For this reason, they are sometime referred to as PCA offences.

      This guide sets out the law, penalties and possible defences to various types of drink driving charges.

       

      Defences to Drink Driving

      There are primarily two defences to drink driving charges that can be employed.

      The first defence is known as the ‘2 hour rule’. This is set out in Clause 2(d), Schedule 3 of the Road Transport Act 2013 (NSW).

      It explains that a police officer cannot require a person to submit to a test, analysis or assessment, or to provide a sample two hours after they were driving.

      This period extends to four hours for a blood sample, urine sample and oral fluid test.

      Secondly, there is the defence known as the ‘home safe’ rule. Clause 2(e), Schedule 3 of the Road Transport Act 2013 (NSW) sets out that a police officer cannot require a person to submit to a test, analysis or assessment, or to provide a sample at the person’s home.⠀

      Importantly, a person’s home incudes any part of their property such as a driveway, front yard and back yard. ⠀

      Often Police are unaware of these clauses and as such an experienced drink driving lawyer will be able to have the charges dismissed. ⠀

      Sometimes, a person will attempt to argue that they were not ‘driving’ the vehicle. In order for this defence to be successful, you will have to prove that you were not:

      (a)  in control of the steering, movement or propulsion of a vehicle,

      (b)  in relation to a trailer, drawing or towing the trailer,

      (c)  riding a vehicle.

      These factors are set out in Section 4 of the Road Transport Act 2013.

      Novice Range Drink Driving

      What is Novice Range Drink Driving?

      Novice range drink driving is defined as a driver with a blood alcohol concentration between 0.001 and 0.019 while they are a learner or provisional or interlock licence holder.

       How Do You Beat a Novice Range Drink Driving Charge?

      Under Section 110(1) the Road Transport Act 2013 (NSW), in order for you to be found guilty of ‘Novice range drink driving’, the prosecution must prove:

      1. You were a learner or provisional or interlock licence holder;

      2. You were driving a vehicle;

      3. You had a blood alcohol concentration between 0.001 and 0.019.

      If any of these elements cannot be made out, you can be found ‘not guilty’.

      Once you are charged, Police can issue you a penalty notice and immediately suspend you from driving for 3 months.

      If you want to either plead ‘not guilty’ to the charge or fight the disqualification, you can appeal the notice to the Local Court. There are also the additional defences to drink driving set out above.

      What are the Penalties for Novice Range Drink Driving?

      The maximum penalties and relevant disqualifications for Novice Range Drink Driving are set out in the below.

      ‘First Offence’

      The maximum penalty for Novice Range Drink Driving (first offence) is $3300.

      ‘Second or subsequent Offence’

      The maximum penalty for Novice Range Drink Driving (Second or Subsequent offence) is $5500.

      How long will I be disqualified for Novice Range Drink Driving?

      ‘First Offence’

      The automatic disqualification for Novice Range Drink Driving (first offence) is 6 months.

      The minimum disqualification for Novice Range Drink Driving (first offence) is 3 months.

      There is no Mandatory Interlock program.

      ‘Second or subsequent Offence’

      The automatic disqualification for Novice Range Drink Driving (Second or Subsequent offence) is 12 months.

      The minimum disqualification for Novice Range Drink Driving (Second or Subsequent offence) is 6 months.

      The mandatory interlock program applies.

      The automatic interlock disqualification for Novice Range Drink Driving (Second or Subsequent offence) is 3 months.

      The minimum interlock disqualification for Novice Range Drink Driving (Second or Subsequent offence) is 1 month.

      If you receive a Section 10 dismissal or a Conditional Release order without conviction, you will not have to pay any fine or serve a disqualification.

      What are the possible sentences for novice range drink driving?

      Below are possible sentences for novice range PCA you can receive:

      1. Section 10 dismissal
      2. Conditional Release Order without Conviction (previously known as Section 10 good behaviour bond)
      3. Fine

      See below for likely penalties.

      Can I keep my licence for Novice Range Drink Driving?

      While it is impossible to predict the exact novice range drink driving penalties you will receive, we can provide a range of likely sentences. Below is a list of sentencing cases in the Local Court from October 2011:

      1. Section 10 dismissal: 7%
      2. Section 10 bond (Conditional release order without conviction): 33%
      3. Fine: 58%

      Receiving a conviction for a Novice range PCA offence is a real possibility. Indeed, more than half of those persons who plead guilty or are found guilty of the offence receive a conviction.

      Special Range Drink Driving

      What is Special Range Drink Driving?

      Special range drink driving is defined as a driver with a blood alcohol concentration between 0.02 and 0.049 while they are a learner or provisional or interlock licence holder.

      How Do You Beat a Special Range Drink Driving Charge?

      Under Section 110(2) the Road Transport Act 2013 (NSW), in order for you to be found guilty of ‘Novice range drink driving’, the prosecution must prove:

      1. You were a learner or provisional or interlock licence holder;

      2. You were driving a vehicle;

      3. You had a blood alcohol concentration between 0.02 and 0.049.

      Once you are charged, you will be issued with a penalty notice for $561 and a 3-month immediate suspension from driving.

      You can appeal the notice to the Local Court if you believe you are ‘not guilty’ or wish to fight the disqualification. There are also the additional defences to drink driving set out above.

      What are the Penalties for Special Range Drink Driving?

      The maximum penalties and relevant disqualifications for Special Range Drink Driving are:

      Special Range PCA First Offence

      The maximum penalty for Special Range Drink Driving (first offence) is $2200.

      ‘Second or subsequent Offence’

      The maximum penalty for Special Range Drink Driving (Second or Subsequent offence) is $3300.

      How long will I be disqualified for Special Range Drink Driving?

      Below are the disqualifications for special range PCA offences.

      Special Range Drink Driving First Offence

      The automatic disqualification for Novice Range Drink Driving (first offence) is 6 months.

      The minimum disqualification for Novice Range Drink Driving (first offence) is 3 months.

      There is no Mandatory Interlock program.

      ‘Second or subsequent Offence’

      The automatic disqualification for Novice Range Drink Driving (Second or Subsequent offence) is 12 months.

      The minimum disqualification for Novice Range Drink Driving (Second or Subsequent offence) is 6 months.

      The mandatory interlock program applies.

      The automatic interlock disqualification for Novice Range Drink Driving (Second or Subsequent offence) is 3 months.

      The minimum interlock disqualification for Novice Range Drink Driving (Second or Subsequent offence) is 1 month.

      If you receive a Section 10 dismissal or a Conditional Release order without conviction, you will not have to pay any fine or serve a disqualification.

      What are the possible sentences for Special range drink driving?

      Below are possible sentences for special range PCA you can receive:

      1. Section 10 dismissal
      2. Conditional Release Order without Conviction (previously known as Section 10 good behaviour bond)
      3. Fine

      See below for likely penalties.

      Can I keep my licence for Special Range Drink Driving?

      While it is impossible to predict the exact special range drink driving penalties you will receive, we can provide a range of likely sentences. Below is a list of sentencing cases in the Local Court from 2018:

      1. Section 10 dismissal: 3%
      2. Section 10 bond (Conditional release order without conviction): 40%
      3. Fine: 52%

      As you can see, special range PCA offences usually result in a conviction and fine.

      Low Range Drink Driving

      What is Low Range Drink Driving?

      Low range drink driving is defined as driving a vehicle with a blood alcohol concentration between 0.05 and 0.079.

      How Do You Beat a Low Range Drink Driving Charge?

      Under Section 110(3) the Road Transport Act 2013 (NSW), in order for you to be found guilty of ‘Low range drink driving’, the prosecution must prove:

      1. You were driving a vehicle;

      2. You had a blood alcohol concentration between 0.05 and 0.079.

      Police can immediately issue a penalty notice for $561 and a 3-month immediate suspension from driving.

      You can elect to appeal the penalty notice to the Local Court if you believe you are ‘not guilty’ or wish to fight the disqualification. There are also additional defences to drink driving set out above.

      What are the Penalties for Low Range Drink Driving?

      The maximum penalties and disqualifications are:

      Low Range PCA First Offence

      The maximum penalty for Low Range Drink Driving (first offence) is $2200.

      ‘Second or subsequent Offence’

      The maximum penalty for Low Range Drink Driving (Second or Subsequent offence) is $3300.

      How long will I be disqualified for Low Range Drink Driving?

      Below are the disqualification periods for low range PCA.

      Low Range Drink Driving First Offence

      The automatic disqualification for Low Range Drink Driving (first offence) is 6 months.

      The minimum disqualification for Low Range Drink Driving (first offence) is 3 months.

      There is no Mandatory Interlock program.

      ‘Second or subsequent Offence’

      The automatic disqualification for Low Range Drink Driving (Second or Subsequent offence) is 12 months.

      The minimum disqualification for Low Range Drink Driving (Second or Subsequent offence) is 6 months.

      The mandatory interlock program applies.

      The automatic interlock disqualification for Low Range Drink Driving (Second or Subsequent offence) is 3 months.

      The minimum interlock disqualification for Low Range Drink Driving (Second or Subsequent offence) is 1 month.

      If you receive a Section 10 dismissal or a Conditional Release order without conviction, you will not have to pay any fine or serve a disqualification.

      What are the possible sentences for Low range drink driving?

      Below are possible sentences for low range PCA you can receive:

      1. Section 10 dismissal
      2. Conditional Release Order without Conviction (previously known as Section 10 good behaviour bond)
      3. Fine

      See below for likely penalties.

      Can I keep my licence for Low Range Drink Driving?

      While it is impossible to predict the exact low range drink driving penalties you will receive, we can provide a range of likely sentences. Below is a list of sentencing cases in the Local Court from October 2011:

      1. Section 10 dismissal: 4%
      2. Section 10 bond (Conditional release order without conviction): 53%
      3. Fine: 40%

      The statistics above set out that low range PCA offences usually result in a conviction and fine.

      Mid Range Drink Driving

      What is Mid Range Drink Driving?

      Middle range drink driving is defined as driving a vehicle with a blood alcohol concentration between 0.08 and 0.149.

      How Do You Beat a Mid Range Drink Driving Charge?

      Under Section 110(4) the Road Transport Act 2013 (NSW), in order for you to be found guilty of ‘Middle range drink driving’, the prosecution must prove:

      1. You were driving a vehicle;

      2. You had a blood alcohol concentration between 0.08 and 0.149.

      There are also the additional defences to drink driving set out above.

      If you are convicted of a mid range drink driving offence, you will be subject to the mandatory interlock program unless you are granted an exemption. If you are not convicted of this offence, you will not face a disqualification.

      What are the Penalties for Mid Range Drink Driving?

      The maximum penalties and disqualifications are:

      Mid Range Drink Driving First Offence

      The maximum penalty for Mid Range PCA (first offence) is 9 months imprisonment and/or a fine of $2200.

      ‘Second or subsequent Offence’

      The maximum penalty for Mid Range Drink Driving (Second or Subsequent offence) is 9 months imprisonment and/or a fine of $3300.

      How long will I be disqualified for Mid Range Drink Driving?

      Below are the disqualifications for middle range drink driving.

      Mid Range PCA First Offence

      The automatic disqualification for Mid Range Drink Driving (first offence) is 12 months.

      The minimum disqualification for Mid Range Drink Driving (first offence) is 6 months.

      The automatic interlock disqualification for Mid Range Drink Driving (first offence) is 6 months.

      The minimum interlock disqualification for Mid Range Drink Driving (first offence) is 3 months.

       ‘Second or subsequent Offence’

      The automatic disqualification for Mid Range Drink Driving (Second or Subsequent offence) is 3 years.

      The minimum disqualification for Mid Range Drink Driving (Second or Subsequent offence) is 12 months.

      The automatic interlock disqualification for Mid Range Drink Driving (Second or Subsequent offence) is 9 months.

      The minimum interlock disqualification for Mid Range Drink Driving (Second or Subsequent offence) is 6 months.

      If you receive a Section 10 dismissal or a Conditional Release order without conviction, you will not have to pay any fine or serve a disqualification.

      What are the possible sentences for Mid Range drink driving?

      Below are possible sentences for middle range PCA you can receive:

      1. Section 10 dismissal
      2. Conditional Release Order without Conviction (previously known as Section 10 good behaviour bond)
      3. Fine
      4. Conditional Release Order with Conviction (previously known as Section 9 good behaviour bond)
      5. Community Corrections Order (previously known as Community Service Order)
      6. Intensive Corrections Order
      7. Full Time Imprisonment

      See below for likely penalties.

      Can I keep my licence for Mid-Range Drink Driving?

      While it is impossible to predict the exact Mid-range PCA penalties you will receive, we can provide a range of likely sentences. Below is a list of sentencing cases in the Local Court over the last 10 years:

      1. Section 10 dismissal: 1%
      2. Section 10 bond (Conditional release order without conviction): 15%
      3. Fine: 66%
      4. Section 9 good behaviour bond (Conditional release order with conviction): 13%
      5. Community Service Order (Community Corrections Order): 0%
      6. Section 12 suspended sentence: 0% (no longer used in NSW)
      7. Intensive Corrections Order: 0%
      8. Home Detention (no longer used in NSW): 0%
      9. Full Time Imprisonment: 0%

      As you can see, middle range PCA offences usually result in a conviction.

      High Range Drink Driving

      What is High Range Drink Driving?

      High range drink driving is defined as driving a vehicle with a blood alcohol concentration between 0.15 and above.

      How Do You Beat a High Range Drink Driving Charge?

      Under Section 110(5) the Road Transport Act 2013 (NSW), in order for you to be found guilty of ‘High range drink driving’, the prosecution must prove:

      1. You were driving a vehicle;

      2. You had a blood alcohol concentration above 0.015

      There are also the additional defences to drink driving set out above.

      If you are convicted of a High range PCA offence, you will be subject to the mandatory interlock program unless you are granted an exemption.

      If you are not convicted of this offence, you will avoid a disqualification. However, since the Guideline Judgement on drink driving was handed down, receiving non-convictions are exceedingly rare. For serious examples of high range drink driving, a term of imprisonment can be imposed.

      What are the Penalties for High Range Drink Driving?

      The maximum penalties and disqualifications are:

      High Range Drink Driving First Offence

      The maximum penalty for High Range PCA (first offence) is 18 months imprisonment and/or a fine of $3300.

      ‘Second or subsequent Offence’

      The maximum penalty for High Range Drink Driving (Second or Subsequent offence) is 24 months imprisonment and/or a fine of $5500.

      How long will I be disqualified for High Range Drink Driving?

      Below are the various disqualifications for high range PCA offences.

      High Range PCA First Offence

      The automatic disqualification for High Range Drink Driving (first offence) is 3 years.

      The minimum disqualification for High Range Drink Driving (first offence) is 12 months.

      The automatic interlock disqualification for High Range Drink Driving (first offence) is 9 months.

      The minimum interlock disqualification for High Range Drink Driving (first offence) is 6 months.

       ‘Second or subsequent Offence’

      The automatic disqualification for High Range Drink Driving (Second or Subsequent offence) is 5 years.

      The minimum disqualification for High Range Drink Driving (Second or Subsequent offence) is 2 years.

      The automatic interlock disqualification for High Range PCA (Second or Subsequent offence) is 12 months.

      The minimum interlock disqualification for High Range PCA (Second or Subsequent offence) is 9 months.

      What are the possible sentences for high range drink driving?

      Below are possible sentences for high range PCA you can receive:

      1. Section 10 dismissal
      2. Conditional Release Order without Conviction (previously known as Section 10 good behaviour bond)
      3. Fine
      4. Conditional Release Order with Conviction (previously known as Section 9 good behaviour bond)
      5. Community Corrections Order (previously known as Community Service Order)
      6. Intensive Corrections Order
      7. Full Time Imprisonment

      See below for likely penalties.

      Will you go to jail for High Range Drink Driving?

      While it is impossible to predict the exact penalties you will receive, we can provide a range of likely sentences. Below is a list of High range drink driving cases in the Local Court from October 2011:

      1. Section 10 dismissal: 0%
      2. Section 10 bond (Conditional release order without conviction): 2%
      3. Fine: 41%
      4. Section 9 good behaviour bond (Conditional release order with conviction): 29%
      5. Community Service Order (Community Corrections Order): 11%
      6. Section 12 suspended sentence: 2% (no longer used in NSW)
      7. Intensive Corrections Order: 2%
      8. Home Detention (no longer used in NSW): 1%
      9. Full Time Imprisonment: 5%

      Referring to the statistics above, jail is a real possibility. If you are charged with high range drink driving with an accident, then there is a strong likelihood that you will receive a sentence of imprisonment.

      Refuse or Fail Breath Analysis

      What is Refuse or Fail Breath Analysis?

      Refuse or fail breath analysis is defined as a driver of a vehicle being unable or unwilling to provide a breath analysis to Police.

      How Do You Beat a Refuse or Fail Breath Analysis Charge?

      In order for you to be found guilty of ‘Refuse or Fail Breath Analysis’, the prosecution must prove:

      1. You were driving a vehicle;

      2. You were requested by a Police officer to undergo a breath test or analysis;

      3. You refused or failed to undergo the breath test or analysis

      What are the Defences to Refuse or Fail Breath Analysis?

      There are some situations where Police cannot require you to submit to a breath test or analysis. These include:

      1. If you are at home (this includes in your driveway);
      2. It has been 2 hours since you were driving or supervising a learner driver on the road.
      3. There are legitimate medical reasons that make it dangerous to conduct a breath test or analysis.

      If you are convicted, you will be subject to the mandatory interlock program unless you are granted an exemption.

      If you are not convicted of this offence, you will avoid a disqualification. However, since the Guideline Judgement on drink driving was handed down, receiving non-convictions are exceedingly rare. This is because the maximum penalties for ‘Refuse or Fail Breath Analysis’ are identical to the penalties for High Range PCA.

      What are the Penalties for Refuse or Fail Breath Analysis?

      The maximum penalty for Refuse or Fail Breath Test is $1,100. This is the same whether it is a first or second or subsequent offence.

      The maximum penalty for Refuse or Fail Breath Analysis (first offence) is 18 months imprisonment and/or a fine of $3300.

      The maximum penalty for Refuse or Fail Breath Analysis (Second or Subsequent offence) is 24 months imprisonment and/or a fine of $5500.

      How long will I be disqualified for Refuse or Fail Breath Analysis?

      You will not face any disqualification for Refuse or Fail Breath Test.

      Refuse or Fail Breath Analysis First Offence

      The automatic disqualification for Refuse or Fail Breath Analysis (first offence) is 3 years.

      The minimum disqualification for Refuse or Fail Breath Analysis (first offence) is 12 months.

      The automatic interlock disqualification for Refuse or Fail Breath Analysis (first offence) is 9 months.

      The minimum interlock disqualification for Refuse or Fail Breath Analysis (first offence) is 6 months.

       ‘Second or subsequent Offence’

      The automatic disqualification for Refuse or Fail Breath Analysis (Second or Subsequent offence) is 5 years.

      The minimum disqualification for Refuse or Fail Breath Analysis (Second or Subsequent offence) is 2 years.

      The automatic interlock disqualification for Refuse or Fail Breath Analysis (Second or Subsequent offence) is 12 months.

      The minimum interlock disqualification for Refuse or Fail Breath Analysis (Second or Subsequent offence) is 9 months.

      What are the possible sentences for Refuse or fail Breath Analysis?

      Below are possible sentences you can receive:

      1. Section 10 dismissal
      2. Conditional Release Order without Conviction (previously known as Section 10 good behaviour bond)
      3. Fine
      4. Conditional Release Order with Conviction (previously known as Section 9 good behaviour bond)
      5. Community Corrections Order (previously known as Community Service Order)
      6. Intensive Corrections Order
      7. Full Time Imprisonment

      See below for likely penalties.

      Will I go to jail for Refuse or Fail Breath Analysis?

      While it is impossible to predict the exact Refuse or fail breath analysis penalties you will receive, we can provide a range of likely sentences. Below is a list of sentencing cases in the Local Court from October 2011:

      1. Section 10 dismissal: 0%
      2. Section 10 bond (Conditional release order without conviction): 2%
      3. Fine: 22%
      4. Section 9 good behaviour bond (Conditional release order with conviction): 36%
      5. Community Service Order (Community Corrections Order): 20%
      6. Section 12 suspended sentence: 12% (no longer used in NSW)
      7. Intensive Corrections Order: 8%
      8. Home Detention (no longer used in NSW): 4%
      9. Full Time Imprisonment: 6%

      Referring to the statistics above, jail is a real possibility.

      FAQ

      What is the Guideline Judgement for High range Drink Driving

      A ‘guideline judgement’ involves the Court setting out what factors should be taken into account when sentencing an offender. It also prescribes the type of sentences that should (and should not) be imposed for certain offences.

      The Guideline Judgement for high range drink driving set out that in an ordinary case:

      1. a non-conviction order (ie. Section 10 dismissal, conditional release order, Section 32 order) will rarely be appropriate;

      2. attending a Traffic offender program (or similar program) is not enough, by itself to justify a non-conviction order;

      3. the automatic disqualification will be appropriate unless there is a good reason to reduce the period of disqualification

      A ‘good reason’ includes:

      • the nature of the offender’s employment,
      • the absence of any viable alternative transport, and
      • sickness or infirmity of the offender or another person
      • Note: the above list is non-exhaustive.

      The Guideline further set out that for an ordinary case of a second or subsequent high range drink driving offence:

      1. rarely will a good behaviour bond with conviction will be appropriate,

      2. very rarely will a non conviction order be appropriate, and

      3. where the prior offence was also high range drink driving, a community service order (now a Community Corrections Order) will generally be the least severe punishment that can be imposed

      The judgement also confirmed that the ‘moral culpability’ of a high range drink driver is increased by:

      • the degree of intoxication above 0.15,
      • erratic or aggressive driving,
      • a collision,
      • competitive driving or showing off,
      • the length of the journey,
      • the number of persons put at risk by the driving.

      And in a case where the moral culpability of a high range drink driver is increased:

      • very rarely would a conditional release order with conviction be an appropriate punishment; and
      • where more than one aggravating factor is present to a significant degree, a sentence less than imprisonment, would generally be inappropriate.

      If the moral culpability of a drink driver for a second or subsequent high range PCA is increased:

      • any sentence less than imprisonment would generally be inappropriate.

      What is an ‘Ordinary Case’?

      An ‘ordinary’ high range drink driving case is where:

      • Police stopped you by a random breath test,
      • you are a person of good character,
      • you have no (or a minor) traffic record,
      • your licence was immediately suspended,
      • you pleaded guilty,
      • there is little or no risk of re-offending,
      • you would be significantly inconvenienced by a loss of licence.

      However, leniency can be extended to an offender if:

      • you have a strong need for a licence,
      • you have completed a traffic offender program,
      • you were driving due to an emergency or safety or another unforeseen reason, rather than for convenience.

      Table of drink driving penalties and disqualifications

      ImprisonmentFineAutomatic disqualificationMinimum disqualificationAutomatic Interlock disqualificationMinimum Interlock disqualification
       Novice range ‘First Offence’N/A$2,2006 months3 monthsN/AN/A
      Novice range ‘Second or Subsequent Offence’N/A$3,30012 months6 months3 months1 month
       Special range ‘First Offence’N/A$2,2006 months3 monthsN/AN/A
      Special range ‘Second or Subsequent Offence’N/A$3,30012 months6 months3 months1 month
       Low range ‘First Offence’N/A$2,2006 months3 monthsN/AN/A
      Low range ‘Second or Subsequent Offence’N/A$3,30012 months6 months3 months1 month
       Mid range ‘First Offence’9 months$2,20012 months6 months6 months3 months
      Mid range ‘Second or Subsequent Offence’12 months$3,3003 years12 months9 months6 months
       High range ‘First Offence’18 months$3,3003 years12 months9 months6 months
      High range ‘Second or Subsequent Offence’2 years$5,5005 years24 months12 months9 months

      FAQ

      What is a “second or subsequent offence”?

      A second or subsequent offence is if you have been convicted of a “major offence” in the past 5 years. Major offences include driving while disqualified or suspended, driving under the influence of alcohol/drugs as well as a host of others.

      You will need to speak to a specialist drink driving lawyer to see if any of your previous offences are major offences.

      When does my drink driving disqualification start?

      For PCA offences, generally a person is charged by Police and has their licence immediately suspended. Their sentencing Court date may come a few months later.  A common question we are asked is whether the suspension begins on their Court date or on the date their licence was suspended.

      A specialist drink driving lawyer can apply to the Court to have your licence begin on the date your licence was suspended. This can be done through Section 206B of the Road Transport Act 2013.

      How much does a lawyer cost for drink driving?

      Astor Legal use a ‘fixed fee per Court date’ system. Generally, the fee for the first Court date will be $1,650 or $2,200 depending on the complexity of the case. Any further Mention or Sentencing Court date will be $1,100 per date. Generally, any Hearing Court dates will be $4,400.

      If you are pleading guilty, your case should be finished within one or two Court dates. If you are pleading ‘not guilty’, your case will usually take three court dates to conclude.

      Avinash Singh

      Avinash Singh

      Avinash Singh is the principal lawyer for Astor Legal and is one of Australia's most respected and highly sought-after lawyers. He has been recognised by the Law Society as an Accredited Specialist in Criminal Law, placing him in the top 6% of Australian lawyers.

      Comments are closed.