What Happens After a Drink Driving Charge in NSW? A Step-by-Step Guide

Being charged with drink driving can be a stressful experience. Whether it is your first offence or you have previously been before the courts, many people are left asking the same questions:

• Will I lose my licence immediately?

• Do I have to go to court?

• Will I receive a criminal record?

• Could I go to jail?

• Should I plead guilty?

The answers depend on a range of factors, including your blood alcohol concentration (BAC), the category of offence, your driving history and the circumstances of the incident.

Although every case is different, understanding the legal process can help you make informed decisions and avoid costly mistakes.

If you have recently been charged, obtaining advice from an experienced ⁠Drink Driving Lawyer Sydney as early as possible can help you understand your legal rights, prepare for court and achieve the best possible outcome.

Step 1 – Police Stop Your Vehicle

Most drink driving matters begin when police stop a vehicle for a roadside breath test.

Police may stop drivers:

• during random breath testing (RBT)

• after observing suspicious driving

• following a motor vehicle accident

• at a stationary police operation.

If the roadside breath test indicates alcohol above the prescribed limit, you will usually be required to accompany police for a breath analysis using an approved breath analysis instrument.

In some circumstances, police may instead require a blood sample to be taken.

The result of the breath analysis generally forms the basis of the drink driving charge.

Step 2 – Police Determine the Type of Drink Driving Offence

After obtaining your breath analysis result, police will determine which offence has allegedly been committed.

In New South Wales, drink driving offences are divided into several categories depending upon your blood alcohol concentration.

These include:

• Novice Range PCA

• Special Range PCA

• Low Range PCA

• Mid Range PCA

• High Range PCA

Different offences carry different penalties, licence disqualification periods and sentencing options.

Generally speaking, the higher the recorded blood alcohol concentration, the more serious the offence becomes.

Some offences also carry mandatory interlock requirements and significantly higher maximum penalties.

Step 3 – You May Be Suspended from Driving Immediately

Many people are surprised to discover they may lose their licence before ever attending court.

For certain drink driving offences, police have the power to issue an immediate licence suspension.

If your licence is immediately suspended, you cannot continue driving unless the suspension is lifted by law or a court orders otherwise.

Driving whilst suspended is itself a separate criminal offence and can result in significant penalties.

Whether police can suspend your licence immediately depends upon the particular offence alleged.

Step 4 – Police Issue a Court Attendance Notice

For most drink driving offences, police will issue a Court Attendance Notice (CAN).

The Court Attendance Notice tells you:

• the offence you have been charged with

• the court where your matter will be heard

• the date and time you must attend court.

It is important to carefully read the document and ensure you attend court on the nominated date.

Failing to attend court can result in your matter proceeding in your absence and a warrant may be issued for your arrest.

Step 5 – Should You Plead Guilty or Not Guilty?

One of the first decisions you will need to make is whether to plead guilty or not guilty to the drink driving charge.

A guilty plea means you accept responsibility for the offence and ask the court to sentence you. In many cases, an early guilty plea may be taken into account by the court when determining an appropriate sentence.

A not guilty plea means you dispute the allegation or believe there is a legal basis to challenge the charge. If you plead not guilty, your matter will usually be adjourned to a defended hearing where the prosecution must prove the offence beyond reasonable doubt.

Before deciding how to plead, it is important to understand the evidence against you and whether there are any legal issues affecting the prosecution’s case. Seeking legal advice before your first court date can help you make an informed decision.

Step 6 – Preparing for Court

If your matter is proceeding to court, preparation can play an important role in the outcome of your case.

Depending on your circumstances, you may wish to obtain:

• character references;

• evidence of your employment;

• medical reports where relevant;

• proof of rehabilitation or counselling;

• evidence demonstrating your need for a driver’s licence.

These documents may assist the court in understanding your personal circumstances and can be relevant during sentencing.

It is also important to comply with any directions given by the court and to attend each court date. Failing to appear may result in your matter proceeding in your absence or a warrant being issued for your arrest.

Step 7 – What Happens at Your First Court Appearance?

Most drink driving matters are heard in the Local Court of New South Wales.

At your first court appearance, several things may occur depending on the circumstances of your case.

For example, the court may:

• proceed immediately to sentence if you enter a guilty plea;

• adjourn the matter to allow you to obtain legal advice;

• adjourn the matter so further material can be prepared;

• list the matter for a defended hearing if you plead not guilty.

The magistrate will also consider any applications made during the proceedings and ensure both parties are prepared before the matter continues.

Although many first appearances are relatively brief, they are an important stage of the court process and can significantly influence how your matter progresses.

Step 8 – What Penalties Can the Court Impose?

The penalty imposed for drink driving depends upon numerous factors, including:

• the type of drink driving offence;

• your blood alcohol concentration (BAC);

• whether it is your first or subsequent offence;

• your traffic record;

• any prior criminal history;

• the circumstances surrounding the offence.

Depending on the case, the court has a range of sentencing options available.

Possible penalties may include:

• a fine;

• a licence disqualification period;

• participation in the Alcohol Interlock Program (where applicable);

• a Conditional Release Order;

• a Community Correction Order;

• an Intensive Correction Order;

• imprisonment for the most serious offending.

Not every person charged with drink driving will receive the same penalty. The court must consider the individual circumstances of each offender before determining an appropriate sentence.

Step 9 – Can You Avoid a Criminal Conviction?

Many first-time offenders ask whether it is possible to avoid a criminal conviction.

In some cases, the court may have the power to deal with an offence without recording a conviction, depending on the legislation applying to the offence and the individual circumstances of the case.

Whether this outcome is available depends upon factors such as:

• the seriousness of the offence;

• your personal circumstances;

• your driving history;

• any previous criminal record;

• your level of remorse;

• evidence of rehabilitation.

Because these matters are highly fact-specific, legal advice should be obtained before assuming a particular outcome is available.

Step 10 – Why Early Legal Advice Matters

Many people assume there is little they can do once they have been charged with drink driving. However, obtaining legal advice early can make a significant difference to how your matter is prepared and presented to the court.

A lawyer can:

• explain the allegations against you;

• review the prosecution evidence;

• advise whether there are grounds to challenge the charge;

• assist in preparing sentencing material;

• represent you in court; and

• advise you on the potential penalties and likely outcomes.

Even where a guilty plea is appropriate, careful preparation before your court date may assist in presenting your case as effectively as possible.

Conclusion

Being charged with drink driving in New South Wales does not automatically determine the outcome of your case. The penalty imposed by the court will depend on a range of factors, including the type of offence, your blood alcohol concentration (BAC), your driving history and the circumstances surrounding the incident.

Understanding what happens after a drink driving charge can help you prepare for the court process and make informed decisions about your matter. Whether you have been charged with a first offence or a more serious PCA offence, obtaining legal advice early can help you understand your rights, your obligations and the options available to you.

If you have been charged with drink driving, Michael Confos provides legal representation for clients throughout Sydney. Learn more about our Drink Driving Lawyer Sydney services or contact us to discuss your matter.

Disclaimer

The information contained in this article is provided for general informational purposes only and does not constitute legal advice. It should not be relied upon as legal advice or as a substitute for obtaining legal advice tailored to your individual circumstances. Every criminal matter depends on its own facts and the applicable law. Reading this article does not create a solicitor-client relationship. Michael Confos is not your lawyer. You should obtain independent legal advice from a qualified Australian legal practitioner regarding your specific circumstances.