Drink Driving

DRINK DRIVING (PCA) OFFENCES

Drink driving is a crime

Being arrested and charged for a drink driving offence, obviously, is a harrowing experience.
It is very important to obtain legal advice in relation to any drink driving charge, otherwise known as driving with an excess of the prescribed concentration of alcohol (PCA) in bloodstream and otherwise known as driving under the influence (DUI).

It is important to note the more serious PCA offences may attract a custodial sentence, which means the offender may be deprived of their liberty and held in a correctional centre for a period of time, unless good reason is shown as to why a custodial sentence should not be imposed.

The Local Courts frequently remind Defendants that it is a privilege rather than a right to hold a driver’s licence in NSW, and the law prescribes automatic, minimum and maximum periods of disqualification which follow any conviction.

Repeat PCA offences are, as a matter of law, dealt with more severely than first instance offences.

In some cases it is possible that a plea of guilty to a drink driving offence is dealt with in a Local Court upon the basis that the DUI offence is found to be proved but no conviction is recorded due to exceptional circumstances being demonstrated.

Obviously this outcome is far less common for High Range PCA offences and particularly for repeat offences.

It is important to realise that drink driving cases involve a mixture of criminal law, science and sociology rolled into one.

Please obtain legal advice before attempting to deal with a drink driving offence.

For advice and a consultation please call Peita Savage or Emilio Guede on (02) 4655-3100