The important thing is not to assume the worst before you understand exactly what you have been charged with and what happens next.
Michelle Duncan has more than 30 years of experience in criminal and traffic law. She has represented people from all walks of life who have found themselves facing a drink driving charge, often at one of the most stressful points in their lives.
Her approach is calm and practical. She will review the charge and determine if there are any defences available to you and advise you accordingly. Should there be no available defences to the Charge she will review the Police facts, your driving history and explain your options in plain language.
Charged With Drink Driving NSW? Start With What You Know
A drink driving charge can involve very different consequences depending on the reading, your licence type, your previous traffic history and whether this is a first or subsequent offence.In NSW, prescribed concentration of alcohol offences are commonly described as novice, special, low, mid or high range. For a full licence holder, low range generally means a blood alcohol concentration from 0.05 to 0.079, mid range from 0.08 to 0.149, and high range 0.15 or above.
Those categories matter because they affect what police can do immediately, whether the matter must go to court, the possible disqualification period and whether an alcohol interlock order may apply.
If the paperwork is confusing, that is normal. Michelle can review the documents and explain exactly what offence has been alleged before you make any decisions about the matter. You can also read more about traffic law representation in NSW.
Charged With Drink Driving NSW: Will I Lose My Licence Straight Away?
Possibly. NSW Police can immediately suspend a licence for drink driving offences, including low, mid and high range matters.For a first low, novice or special range offence, police may issue a penalty notice and an immediate three-month licence suspension. Mid and high range matters are more serious and an immediate suspension can remain in place until the matter is dealt with by a court.
If your licence is essential for work, caring responsibilities or your family, tell Michelle as early as possible. Needing a licence does not guarantee a particular outcome, but the practical effect on your life can be important when the matter is being assessed and prepared.
If you have received an immediate licence suspension, there can also be strict time limits for an appeal. It is sensible to obtain advice promptly rather than waiting until the suspension is already well underway.
Current NSW penalty information: Charged With Drink Driving NSW Government guidance states that a first low, novice or special range offence can attract a $722 penalty notice and a three-month immediate licence suspension. Mid and high range matters carry more serious court penalties and can involve alcohol interlock requirements. View current NSW drink driving penalties.
Charged With Drink Driving NSW: Do All Drink Driving Charges Go to Court?
No. A first low, novice or special range offence may sometimes be dealt with by a penalty notice rather than an immediate court appearance.Mid range and high range drink driving matters proceed to the Local Court. Other factors, including previous offences or a decision to elect a penalty notice to court, can also result in a court appearance.
If you are considering taking a penalty notice to court, it is worth speaking with Michelle before making that election. Going to court can open up different sentencing options, but it can also involve different risks and consequences.
If this will be your first time before a judge, our guide to your first court appearance in NSW explains what generally happens on the day and what you can expect.
What Will Michelle Look at First?
Drink driving matters are not prepared by looking at the alcohol reading alone.Michelle will want to understand the full picture. That can include your driving history, whether you have previous relevant offences, why you were driving, your employment, your family responsibilities, your need for a licence and any steps you have taken since the offence.
For some clients, the biggest concern is keeping their job. For others, it is getting children to school, caring for a family member or being able to continue running a small business.
Those circumstances do not make the charge disappear, but they matter to the person living through it. Michelle takes the time to understand that broader impact so you are not treated as just another file number.
Charged With Drink Driving NSW: What Happens If I Have to Go to Court?
If your matter goes to the Local Court, preparation is important.A judge may consider the circumstances of the offence, your traffic and criminal history, your personal circumstances, your need for a licence and the material placed before the court. Depending on the case, that may include character references, employment information, evidence of rehabilitation or other material relevant to sentencing.
Michelle has spent more than 30 years appearing in criminal and traffic matters. She understands that court can be intimidating, particularly when a person has never been before a judge.
She will explain what is likely to happen, what you need to bring, what preparation may assist and what outcomes are realistically available. There are no guarantees, but there should also be no unnecessary surprises.
Charged With Drink Driving NSW: Could I Get a Criminal Conviction?
Yes. A court conviction for drink driving can form part of your criminal record.However, NSW courts have different sentencing options available and the outcome depends on the circumstances of the offence and the person before the court.
You may have heard people talk about a Section 10 outcome, where a court deals with an offence without recording a conviction. It is not available or appropriate in every case, and no lawyer can promise that result. Our guide to Section 10 traffic offences in NSW explains the concept in more detail.
Michelle will tell you what is realistic based on your circumstances rather than giving you false confidence about an outcome that cannot be guaranteed.
Charged With Drink Driving NSW: What About an Alcohol Interlock?
For some drink driving offences, particularly mid range and high range matters, the alcohol interlock program can become part of the licence consequences after court.An interlock is an electronic breath-testing device connected to a vehicle. The driver must provide a breath sample before the vehicle can start and at other times while driving.
Whether an interlock order applies, and the length of any disqualification and interlock period, depends on the offence and your history. Michelle can explain how the program may affect you if it is relevant to your charge.
Why Speaking With Michelle Early Can Help
When people are charged with drink driving NSW, they often wait because they feel embarrassed, worried about being judged or unsure whether speaking with a lawyer will make any difference.Michelle understands that good people can make mistakes and that one incident can place enormous pressure on a person and the people around them.
Early advice gives you time to understand your licence position, prepare properly, gather relevant material and make informed decisions before court. It can also take away some of the uncertainty that makes the first few days after a charge so difficult.
Michelle is direct when she needs to be, but she is also compassionate. Her job is to protect your interests, prepare your matter carefully and make sure you understand what is happening at every stage.
Speak With Michelle Duncan About Your Drink Driving Charge
If you have been charged with drink driving NSW, you do not have to try to work out the court process, licence consequences and next steps on your own.Michelle Duncan has more than 30 years of experience in criminal and traffic law and represents clients throughout New South Wales, including Hornsby and the North Shore, Manly, Gosford, Wyong and the Central Coast.
She provides clear, realistic advice and careful representation, with an understanding that a traffic charge can affect far more than the person standing before the court.
Call Duncan Criminal Law on 0448 946 529 or contact Michelle online to discuss your matter confidentially. You can also find Duncan Criminal Law on Google Maps if you would prefer to visit the Sydney office.
Frequently Asked Questions: Charged With Drink Driving NSW
Will I automatically go to court for a first drink driving offence in NSW?
Not always. A first low, novice or special range offence may be dealt with by penalty notice. Mid and high range offences generally proceed to court. The documents issued by police will show how your matter is being dealt with.Can I appeal an immediate licence suspension?
In some circumstances, yes. Strict time limits can apply to a Local Court appeal, so obtaining advice promptly is important.Will I get a criminal record for drink driving?
A conviction recorded by the court can become part of your criminal record. The court has different sentencing options depending on the circumstances, but no particular outcome can be guaranteed.Charged With Drink Driving NSW: Should I get legal advice before my first court date?
It can be very helpful. Early advice gives you time to understand the charge, your licence position, what material may be relevant and what to expect at court. Charged With Drink Driving NSW? Contact Duncan Criminal Law.This article provides general information only and is not legal advice. NSW drink driving laws and penalties can change. Advice should be obtained about your individual circumstances.
Driving with suspended licence NSW: Penalties, court process and what to do next
Driving with suspended licence in NSW is a serious traffic offence that can result in a fine, another...
First time drink driving offence in NSW: What to expect
If you are facing a first time drink driving offence in NSW, it is normal to feel worried...
What happens after a positive roadside drug test in NSW?
A positive roadside drug test in NSW can leave you with a lot of questions very quickly. Have...