What is the legal blood alcohol concentration (BAC) limit in NSW?

In NSW, the legal BAC limit is 0.05% for fully licensed drivers. For learner and provisional (P1 and P2) drivers, the legal limit is zero. Commercial drivers, including those operating heavy vehicles and public transport, must maintain a BAC of 0.02% or lower.

What are the penalties for drink driving in NSW?

Penalties vary based on the BAC level, with categories ranging from low range (0.05–0.079%) to high range (0.15% and above). Consequences may include fines, mandatory disqualification periods, interlock device requirements, and possible imprisonment for serious or repeat offences.

What is drug driving in NSW, and how is it detected?

Drug driving occurs when a driver is found with an illicit drug in their oral fluid, blood, or urine, detected through roadside testing. NSW Police commonly test for cannabis, ecstasy, cocaine, and amphetamines. Drivers may also face charges if found driving under the influence of certain prescribed medications that impair their abilities.

What are the penalties for drug driving in NSW?

For a first-time offence, drivers may face fines, licence disqualification, and potential interlock conditions. Repeat or aggravated offences, such as driving under the influence of drugs while exceeding the BAC limit, can lead to jail time.

Will I lose my licence if I am convicted of drink or drug driving?

Licence suspension is a common penalty for both drink and drug driving convictions in NSW. The length of disqualification depends on factors like BAC level, previous offences, and specific case details.

Can I fight a drink or drug driving charge in court?

Yes, it is possible to contest drink or drug driving charges. Defences may include challenging the accuracy of BAC or drug tests, questioning police procedures, or demonstrating that you were not driving. Legal advice is important for determining the best strategy based on the specifics of your case.

What happens if I refuse a roadside drug or alcohol test?

Refusing a roadside drug or alcohol test is an offence in NSW. It can result in fines, licence suspension, and even imprisonment for serious cases. Refusal is generally treated similarly to a high-range offence in court.

How can Kells help with my drink or drug driving charge?

Kells offers comprehensive legal advice and representation for drink and drug driving cases. Our experienced drink and drug driving lawyers will assess your case details, explain potential penalties, and build a robust defence strategy. We strive to protect your rights and achieve the best possible outcome for you.

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Are you facing a drink and drug driving charge in Sydney? Are you concerned about how a conviction could affect your career and personal life? Don’t face these charges alone. Let the experienced drink and drug driving lawyers at Kells provide the expert guidance and relentless advocacy you need to fight for the most favourable resolution, whether it’s reducing charges, avoiding a conviction, or retaining your driving privileges.

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In New South Wales, being caught with a blood alcohol concentration (BAC) of 0.05% or higher, while also having illicit drugs or certain medications in your system, can lead to serious criminal charges.

This combination carries higher maximum penalties than standalone drink driving or drug driving offences and often results in mandatory licence disqualification upon conviction.

Despite the severity of these charges, you can still take steps to potentially avoid the harshest consequences. Kells’ experienced drink and drug driving lawyers in Sydney are here to help you deal with this challenge and work towards a positive outcome.

Our team, led by a former police officer and senior police prosecutor, has extensive experience in defending clients against serious criminal charges. We understand the intricacies of the law and can provide you with the expert legal advice you need to succeed.

Frequently Asked Questions

What is the legal blood alcohol concentration (BAC) limit in NSW?

In NSW, the legal BAC limit is 0.05% for fully licensed drivers. For learner and provisional (P1 and P2) drivers, the legal limit is zero. Commercial drivers, including those operating heavy vehicles and public transport, must maintain a BAC of 0.02% or lower.
What are the penalties for drink driving in NSW?

Penalties vary based on the BAC level, with categories ranging from low range (0.05–0.079%) to high range (0.15% and above). Consequences may include fines, mandatory disqualification periods, interlock device requirements, and possible imprisonment for serious or repeat offences.
What is drug driving in NSW, and how is it detected?

Drug driving occurs when a driver is found with an illicit drug in their oral fluid, blood, or urine, detected through roadside testing. NSW Police commonly test for cannabis, ecstasy, cocaine, and amphetamines. Drivers may also face charges if found driving under the influence of certain prescribed medications that impair their abilities.
What are the penalties for drug driving in NSW?

For a first-time offence, drivers may face fines, licence disqualification, and potential interlock conditions. Repeat or aggravated offences, such as driving under the influence of drugs while exceeding the BAC limit, can lead to jail time.
Will I lose my licence if I am convicted of drink or drug driving?

Licence suspension is a common penalty for both drink and drug driving convictions in NSW. The length of disqualification depends on factors like BAC level, previous offences, and specific case details.
Can I fight a drink or drug driving charge in court?

Yes, it is possible to contest drink or drug driving charges. Defences may include challenging the accuracy of BAC or drug tests, questioning police procedures, or demonstrating that you were not driving. Legal advice is important for determining the best strategy based on the specifics of your case.
What happens if I refuse a roadside drug or alcohol test?

Refusing a roadside drug or alcohol test is an offence in NSW. It can result in fines, licence suspension, and even imprisonment for serious cases. Refusal is generally treated similarly to a high-range offence in court.
How can Kells help with my drink or drug driving charge?

Kells offers comprehensive legal advice and representation for drink and drug driving cases. Our experienced drink and drug driving lawyers will assess your case details, explain potential penalties, and build a robust defence strategy. We strive to protect your rights and achieve the best possible outcome for you.

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If you would like to discuss your drink and drug driving offence with our criminal law team, please get in touch. We are available 24/7 to help you and offer a free initial consultation.

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