Being caught drink driving is a nightmare situation for anyone. But when you rely on your drivers licence for your work there’s an added layer of worry.
The penalties for drink driving can be tough and usually involve losing your drivers licence for a period of time. If you’re a rideshare driver caught drink driving the focus is to get you back to work as soon as possible. That’s where drink driving lawyers in Sydney become essential.
Let’s unpack what comes next.
What happens if you are caught drink driving
The steps police take will depend on your BAC reading.
If you are caught with a Mid (0.08–0.149 BAC) or High Range PCA (0.15 BAC or higher) then police will issue a Court Attendance Notice. The case will be dealt with by a Magistrate in the Local Court.
Police will also usually issue an immediate suspension notice when they charge people for Mid or High Range PCA. This means you can’t drive while waiting for your court date.
If you are caught with a Low Range PCA (0.05 – 0.079) police can choose whether to issue a Court Attendance Notice or whether to give a Penalty Notice. They can also choose to issue an immediate licence suspension, but do not have to.
Receiving a Penalty Notice gives you the option to finalise the case by paying a fine. If the police have not already issued a suspension, then after paying the fine you will receive a suspension letter from Transport for NSW. The suspension is for a period of 3 months.
Possible penalties
The penalties for drink driving depend on what level of drink driving and whether it is a first or second/subsequent offence.
Low Range PCA – First offence
- a fine of up to $2,200, and
- An automatic disqualification period of 6 months that can be reduced to 3 months.
Low Range PCA – Second or subsequent offence in 5 years
- A fine of up to $3,300,
- With a disqualification period of 1 to 3 months,
- followed by participation in the interlock program for a minimum period of 12 months that can be increased as the Court sees fit.
Mid Range PCA – First Offence
- a fine of up to $2,200,
- with a disqualification period of 3 to 6 months,
- followed by participation in the interlock program for a minimum period of 12 months that can be increased as the Court sees fit,
- with a Gaol term of up to 9 months.
Mid Range PCA – Second or subsequent offence in 5 years
- with a fine of up to $3,300,
- with a disqualification period of 6 to 9 months,
followed by participation in the interlock program for a minimum period of 24 months that can be increased as the Court sees fit, - with a Gaol term of up to 12 months.
High Range PCA – First offence
- with a fine of up to $3,300,
- with a disqualification period of 6 to 9 months,
- followed by participation in the interlock program for a minimum period of 24 months that can be increased as the Court sees fit,
- with a Gaol term of up to 18 months.
High Range PCA – Second or subsequent offence in 5 years
- with a fine of up to $5,500,
- with a disqualification period of 9 to 12 months,
- followed by participation in the interlock program for a minimum period of 4 years that can be increased as the Court sees fit,
- with a Gaol term of up to 2 years.
Getting back on the road
As a professional rideshare driver usually the main concern will be how quickly you can get your drivers licence back and get back to work.
There are several avenues for us to consider:
Appealing the immediate police suspension
If police issue an immediate suspension then you will need to stop driving straight away. This can be dire when your profession relies on it.
We can appeal against this suspension. If successful your drivers licence is returned so you can continue driving until the magistrate decides the outcome of your case.
It is unfortunately not always easy to successfully appeal against an immediate suspension issued by police. For a magistrate to consider overturning the suspension they need to be satisfied that there are ‘exceptional circumstances’, i.e. something that takes your need for a licence outside the norm.
It’s a good idea to speak with one of our experienced drink driving lawyers at Ainsley Law to find out whether your case could satisfy this test.
Minimising the disqualification period
The first thing for us to consider is whether the magistrate could be willing to waive the conviction in your case. You will often hear this called a ‘non-conviction’ order or ‘section 10’. If the magistrate makes this order then the offence is still put on your record as a finding of guilt, but there’s no further punishment. Importantly your licence is returned to you straight away.
Unfortunately it’s quite uncommon for magistrate’s to agree to a ‘non-conviction’ for Mid Range offences and even less common for High Range offences. Occasionally though there are cases where extenuating circumstances mean the magistrate is willing to offer this leniency. Our drink driving lawyers can speak with you and give an honest assessment of the chances in your case.
If a ‘non-conviction’ is not on the cards then we aim to bring the disqualification towards the minimum periods allowed under the law. Careful preparation of your case, showing what you’ve learnt and why you need your licence, can help with this. Our team has a high success rate of achieving the minimum disqualification periods for drink driving case.
Interlock
The default position for all Mid Range and High Range PCA cases, as well as second/subsequent Low Range PCA cases, is that you will need to participate in the interlock program. This is where a breathalyser is fitted to your car for a period of time after your disqualification period ends. You can only drive a car fitted with interlock during the participation period.
For rideshare drivers, interlock poses an additional issue. Unlike ordinary, personal driving where you can use the breathlyser in private, as a rideshare driver it’s often not practical to have an interlock in your work vehicle.
There is an option to apply for an exemption from interlock. If you meet the criteria then the magistrate can remove the interlock requirement. However, the downside is that it usually means a longer disqualification period.
Sometimes for professional drivers the trade off of serving a longer initial disqualification period is worth it to avoid interlock. Our experienced drunk driving lawyers can discuss these options with you an help you to make the best choice for your individual circumstances.
Suspension appeal
If your Low Range PCA is dealt with by a penalty notice and without an immediate police suspension, then once you pay the fine you will receive a suspension notice from Transport for NSW. The suspension is usually for a period of 3 months.
We have a high success rate in appealing these suspensions, either having the suspension lifted entirely or reduced considerably.
If you’ve been charged, get help fast. Visit Ainsley Law for trusted legal advice from people who know how to defend your future.
Please call us today at 0416 224 601 or leave an enquiry.
