Drink Driving Incident
A spouse is currently facing charges related to a drink driving offence that took place in 2024, with a blood alcohol concentration (BAC) recorded at 0.018. Despite having a relatively low BAC, the driver’s licence has been suspended. The individual has no prior drink driving offences, but his overall driving record is not great. A court appearance is set for early 2025.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential penalties for drink driving offences in New South Wales?
For a first-time low-range drink driving offence in New South Wales, with a BAC of 0.018, penalties could include a fine of up to $2,200, a licence disqualification ranging from one to three months, and the possibility of having an interlock device fitted upon licence reinstatement. A negative driving history may be considered by the court when determining the penalty. Seeking legal advice is important to explore options for minimising penalties.
Is it possible to have the charges reduced or dismissed, and what factors could influence this?
It is possible to have drink driving charges reduced or dismissed. Factors affecting this may include the driver's BAC level, overall driving record, and the absence of previous offences. Engaging legal representation can enhance the chances of a favourable outcome. Demonstrating remorse or completing an educational program could also influence the court's decision.
How might the court view previous driving records, and will they impact the current case?
The court will consider the driver's overall driving record when evaluating the current offence. Even without prior drink driving offences, a poor driving history may affect the court's interpretation of further penalties. The driving history, BAC level, and any recent offences will be assessed to determine conviction outcomes.
What steps can the individual take to demonstrate responsibility and possibly mitigate the sentence?
To show responsibility and potentially reduce the severity of the sentence, enrolling in a Traffic Offender Intervention Program (TOIP) would be beneficial. Participation in alcohol counselling and gathering character references from community members could positively influence the court's view and demonstrate a commitment to change.
Are there any alternative sentencing options available, such as a good behaviour bond or rehabilitation program?
In New South Wales, alternatives such as good behaviour bonds or participation in a Traffic Offender Program may be available for drink driving offences. These options focus more on rehabilitation than punishment, particularly for first-time or minor offences.
