Drinking and driving is dangerous – both to the person engaged in such behaviour and for those on the roads. In recent times, NSW has taken a ‘’zero tolerance’’ stand when it comes to dealing with Drink Driving Offences. Currently, a first-time, low-range drink driver will cop a minimum fine of $561 and an immediate, three month driving suspension.
Platinum Lawyers are Experienced Drink Driving Lawyers in Sydney. We have made a compilation of frequently asked questions so you can know your rights and the law.
NSW Drink Driving Offences FAQs
With the constant changes to the laws with regards to drink driving, it can be confusing to keep track of the facts. Platinum Lawyers has compiled a list of frequently asked questions when it comes to Drink Driving Offences to help you gain a better understanding of the laws in place.
Is Drink Driving considered a criminal offence in NSW?
Yes, Drink Driving is a criminal offence in New South Wales. If found guilty of a drink driving charge, it may result in a criminal conviction, penalties, license suspension/disqualification and even imprisonment.
Is a breath test alone enough to charge for a drink driving offence?
No, since breath tests are prone to errors, breath tests alone are not enough. If the result of a breath test is positive, you will be taken to the nearest police station for a breath analysis.
Is it illegal to refuse a breath test in NSW?
Yes, it is a serious offence to refuse a breath test. Breath test laws are pretty strict in NSW. If a police officer requests, you must supply a sample of your breath. Refusal to take a breath test can lead to the same charges of those for a high range drink driving offence.
Furthermore, if a motorist provides an insufficient breath sample (such as trying to manipulate the reading by blowing very lightly), it can be considered as refusal to provide sample and they can be charged with a same penalties and punishments applicable for a high range drink driving offence.
What is the 2-hour rule?
Police are not permitted to take a breath test if it’s been more than two hours since a person last drove. If they do so, the results may not be admissible as evidence in court.
What is the ‘home-safe’ rule?
The ‘home-safe’ rule states that police cannot force you to do a breath test in your own home. Just as with the 2-hour rule, if the police breath tests you in your home, the result will not be admissible in court.