Dedicated Drink Driving Lawyers
based in Sydney
Have you been charged with a drink driving offence? At Leeds Lawyers we take comprehensive steps to persuade the Court not to impose a conviction and instead impose a Conditional Release Order, previously known as a Section 10 Bond. This means you will avoid a fine, criminal record and disqualification of your license, and you will not be required to participate in the Mandatory Interlock Program. Otherwise, we will go above and beyond to ensure you receive the best possible outcome.
Consequences of a Conviction
If you are convicted, it will be recorded on your criminal record and this may have a negative impact on your employment, travel, visa applications and insurance. We understand the complex court process and focus on strategies which achieve results. Contact us now for a free confidential case assessment because we understand that every case is unique and your license is a necessity.
- We ensure that we exhaust all efforts to negotiate with the prosecution to have the charge withdrawn, plead to lesser charge with reduced penalties or significantly change the Police Facts Sheet to your advantage.
- We will provide you with thorough legal advice regarding the charge, any weaknesses of the prosecution case against you and your available defence. You may choose to contest the charge by pleading not guilty. If successful at the hearing, no penalty will apply and in some circumstances the Police may be required to pay your legal costs.
- If you agree to the elements of the offence but not the alleged Police Facts Sheet, you can proceed to a disputed facts hearing. Police Facts Sheets are often inaccurate or embellished and it is crucial that the facts are accurate in order to achieve an optimal result.
- If you are guilty of the offence and the facts are accurate, you may decide to plead guilty. We will assist you in preparing a strong subjective case supported by convincing evidence and persuasive submissions as to why the Court should not impose a conviction or exercise leniency.
Drink driving offences vary in penalty and are dependent on the reading of the Prescribed Concentration of Alcohol (PCA). The higher the reading, the more severe the penalty. If you are charged with a PCA offence, it is likely your case will be before a Local Court. It is important to obtain legal advice regarding your charge before entering a plea as you may have a possible defence. If your charge is successfully dismissed, you will not be subject to any penalty whatsoever.
The following table illustrates the current penalties imposed in New South Wales. The Court has significant discretion when imposing penalties and you must persuade the Court as to why it should depart from the automatic period. A charge will be considered as a second offence when an individual has had one or more previous convictions for a serious or major traffic offence within 5 years.
If you are facing a PCA charge, we highly recommend that you seek legal advice and complete an authorised Traffic Offenders Program.
| Fine (up to) | Potential term of imprisonment | Minimum disqualification | Maximum disqualification | Interlock | |
| High range 0.15 or > | |||||
| First offence | $3300 | 18 months | 6 months | 9 months | 24 months |
| Second offence | $5500 | 2 years | 9 months | 12 months | 48 months |
| Mid range 0.08 – < 0.15 | |||||
| First offence | $2200 | 9 months | 3 months | 6 months | 12 months |
| Second offence | $3300 | 12 months | 6 months | 9 months | 24 months |
| Low range 0.05 – < 0.08 | |||||
| First offence | $2200 | Nil | 3 months | 6 months | N/A |
| Second offence | $3300 | Nil | 1 month | 3 months | 12 months |
| Special range 0.02 – 0.05 | |||||
| First offence | $2200 | Nil | 3 months | 6 months | N/A |
| Second offence | $3300 | Nil | 1 month | 3 months | 12 months |
| Novice range | |||||
| First offence | $2200 | Nil | 3 months | 6 months | N/A |
| Second offence | $3300 | Nil | 1 month | 3 months | 12 months |
| Fail or Refuse breath analysis/blood sample | |||||
| First offence | $3300 | 18 months | 6 months | 9 months | 24 months |
| Second offence | $5500 | 2 years | 9 months | 12 months | 48 months |
The Mandatory Interlock Program applies when an individual has either been convicted of two drink driving offences within 5 years or upon conviction for any offence with a blood alcohol reading in or above the mid range.
An interlock device is an electronic mechanism which is fitted to your vehicle by an authorised provider. The driver must provide a negative breath analysis into the device in order to start the vehicle. An individual subject to a Mandatory Interlock Order is only permitted to operate a vehicle which has the device fitted.
Failure to participate in the Mandatory Interlock Order will result in a further 5-year disqualification.
An exemption from the Mandatory Interlock Program requires a special application and the Court must be satisfied of either of the following points below which are set out in Section 212 of the Road Transport Act 2013:
- That the offender does not have access to a vehicle in which to install an interlock device, or
- That the offender has a medical condition diagnosed by a registered medical practitioner that prevents the offender from providing a sufficient breath sample to operate an approved interlock device and it is not reasonably practicable for an interlock device to be modified to enable the offender to operate the device, or
- If the offender is convicted of an offence against section 110(4)(a), (b) or (c) that is a first offence—
- That the making of a mandatory interlock order would cause severe hardship to the offender, and
- That the making of an interlock exemption order is more appropriate in all the circumstances than the making of a mandatory interlock order.
If you are successfully found not guilty, no penalty applies.
Upon conviction, the Court may impose the following penalties:
- Conditional Release Order (CRO) – A non-conviction without penalty which is usually accompanied with a condition to be of good behaviour for a period of time. If a CRO is breached, the offender may be resentenced on the prior offence and receive a harsher outcome.
- Fine – A criminal conviction with a monetary penalty.
- Community Corrections Order (CCO) – A criminal conviction with a bond to be of good behaviour and any other Order the Court deems fit which may including a Community Service work component.
- Intensive Corrections Order (ICO) – A custodial sentence which the offender serves in the community and is subject to the supervision of Probation & Parole. It may include a home detention or a Community Service Work component. Breaches of an ICO are dealt with very seriously and are determined by the State Parole Authority. An ICO is the penultimate step before a full time gaol sentence.
- Full Time Imprisonment – Incarceration in a prison away from the community with a set non parole period. This is the most severe penalty a court can impose.
Why Leeds Lawyers?
- You deal directly with our experienced Principal Solicitor from start to successful completion.
- We have built a reputation on achieving exceptional results.
- Each matter is our priority and we ensure that it is thoroughly prepared.
- You are kept informed every step of the way.
- We become personally invested in your case because we know how important it is to you and your loved ones.
- We offer fixed priced services for most criminal law matters.
- We have built working relationships with other solicitors and the Police which results in more effective negotiations.
Do I Need A Lawyer?
If you are concerned about the ramifications of a criminal conviction or a loss of license, we recommended that you engage an experienced lawyer. Many individuals find the criminal process foreign and overwhelming which can have a negative impact on their result. Our principal solicitor, Mark Kryakos, will personally guide you through the complex process to ensure you achieve an optimal outcome.
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