DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS
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.