Brander Smith McKnight Wollongong lawyers are experts in all types of traffic offences. We know that a drink driving offence can have a devastating effect on you, your family and your employment and can even result in a gaol term. We will work relentlessly to get you the best possible results. We can represent you in court and speak on your behalf.

Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.

In NSW, the law sets ranges of blood alcohol concentration, known as ranges of prescribed concentration of alcohol or PCA.

Prescribed Concentration of Alcohol (PCA)

These offences fail into 3 ranges, depending on the following blood alcohol reading: Low range (0.050 – 0.079), Mid range (0.080 – 0.149) and High range (0.150 or more).

First OffenceLow RangeMid  RangeHigh Range
Penalty$2,200 fine$2,200 fine or 9 months gaol$3,300 fine or 18 months gaol
Disqualification6 months12 months3 years
Disqualification (with interlock*)N/A3-6 months6-9 months
Second or Subsequent OffenceLow RangeMid RangeHigh Range
Penalty$3,300 fine$1,300 fine or 1 yr gaol$5,500 fine or 2yrs gaol
Disqualification6-12 months1-3 years2-5 years
Disqualification (with interlock*)1-3 months6-9 months9-12 months

*Interlock is a device fitted to the car to prevent the car from starting and being driven unless the driver records a zero blood alcohol reading. The interlock period for first offences ranges from 1-2 years.

Driving Under the Influence of Alcohol (DUI)

Unlike PCA offences, the police are not required to prove a blood alcohol content for a person to be found guilty of DUI. If they are proven beyond a reasonable doubt to have either driven a vehicle/ occupied the driver’s seat and attempted to put the vehicle in motion/occupied the passenger seat of a car while a learner is driving, while under the influence of alcohol. The penalties for a first offence can be up to 18mths imprisonment and or 30 penalty points and a $3,300 fine. The penalties for a second or subsequent offence can be up to 2 yrs imprisonment and or 50 penalty points and a $5,500 fine. The criminal lawyers at Brander Smith McKnight Wollongong have experience in advocating for and representing clients in these sometimes more complex court matters.

Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.

Why you need a lawyer

It is important that you receive legal advice. Many drink driving (PCA) offences are criminal offences which may result in a criminal record and a gaol sentence. At BSM Wollongong we have assisted many hundreds of clients with these charges. Our traffic lawyers will provide you with legal advice to ensure that you achieve the best possible outcome. This may include:

  • Preparing you for court
  • Obtaining character references
  • Obtain evidence of hardship of licence disqualification, such as caring for a sick relative or the need for a licence for employment
  • Obtaining medical or psychological reports
  • Obtaining references from employers
  • Completing traffic offender programs

Brander Smith McKnight lawyers will leave no stone unturned by preparing submissions for sentencing which address all factors to present the court with the best possible case.

Our lawyers will appear in court for you, advocate strongly for you and handle the entire court process to relieve your stress and achieve the best possible outcome.

FAQs

chevronWill I get a criminal record?

Some drink driving offences are criminal offences and a criminal record is a possible outcome.  This is why it’s important that you have expert legal representation.

chevronWhat's a Section 10 and can I get one?

A Section 10 enables the court to exercise its discretion not to record a conviction even where you plead guilty or are found guilty.  The criminal lawyers at BSM Wollongong will be able to advise you on the prospects of achieving a Section 10 for a traffic offence and work hard to get you one.

chevronDo I have to go to court?

Yes, for mid and high range offences you will be required to appear in court.  The lawyers from Brander Smith Mcknight Wollongong will advocate for you, guide you through the process and speak on your behalf.

chevronIs it possible that I will go to gaol?

Mid and high range PCA provide a range of penalties including a gaol term.  There are many factors that need to be considered by the court prior to a gaol term being imposed. These include the Guideline Judgment, any presentencing reports and Section 5 of the Crimes (Sentencing and Procedure) Act 1999. Our highly experienced traffic lawyers can provide expert advice on these factors.