In late 2018 new drink driving rules were introduced. These new rules introduce harsher penalties and are part of a broader initiative by the NSW Government to reduce drink driving.
Important changes include:
NSW Police can now issue penalty notices to low range alcohol and drug related driving offences, where that person has had a previous similar offence within five years. Non-convictions can be considered a previous similar offence. This will result in an automatic loss of license for 3 months.
The maximum penalty for novice, special and low range alcohol and drug related driving offences has increased from $1,100 to $2,200.
Police are now able to issue immediate license suspension notices to novice, special and low range drink driving offenders. This was previously reserved for mid-range offenders and above.
The maximum penalty for mid-range drink driving offences has increased from $2,200 to $3,300.
First time mid-range drink driving offenders will now be subject to a mandatory "interlock order". This will require offenders to have an interlock device fitted to any car that they drive for 12 months which tests the blood alcohol level of drivers before ignition, only allowing them to drive if they record a zero blood alcohol content reading. Mid-range offenders will also be subject to disqualification from driving for 3 to 6 months.
Anyone caught by these laws should consider obtaining legal advice as to whether they have been properly applied, and whether there are other factors mitigating in their favour.
The maximum penalty for mid-range drink driving offences has increased from $2,200 to $3,300.
First time mid-range drink driving offenders will now be subject to a mandatory "interlock order". This will require offenders to have an interlock device fitted to any car that they drive for 12 months which tests the blood alcohol level of drivers before ignition, only allowing them to drive if they record a zero blood alcohol content reading. Mid-range offenders will also be subject to disqualification from driving for 3 to 6 months.
For drug related driving offences, the definition of "drug" has been expanded to include any substance that is likely to deprive or impair a person’s normal or physical faculties.
Anyone caught by these laws should consider obtaining legal advice as to whether they have been properly applied, and whether there are other factors mitigating in their favour.