Getting pulled over for drink driving is confronting. You’re a good person, you’ve made a mistake, you’re dealing with police and all of a sudden you have a court date and no licence.
You might be worried about the impact of this on your job, your family, your ability to pay the rent or mortgage. You might never have set foot in a courtroom before, or had to talk to a lawyer on purpose.
It’s a big thing to suddenly be facing, but it’s not the end of the world. With the right legal help, you can get through this. You can work through what happened and protect what matters most. That’s why many people turn to experienced drink driving lawyers in Sydney.
This guide explains what they do, why you need one and what to expect from here.
What a Drink Driving Charge Really Means
In New South Wales, drink driving is a criminal offence. Even for first-time drivers, the consequences can be serious. NSW law splits offences by blood alcohol concentration (BAC):
- Novice range: 0.00 to 0.049 (for learner and P-platers)
- Special range: 0.02 to 0.049 (also for professional licence holders)
- Low range: 0.05 to 0.079
- Mid range: 0.08 to 0.149
- High range: 0.15 or more
Generally when you have been charged with drink driving of any category, the police will have suspended your licence on the spot. For offences of Mid Range and High Range, as well as others in certain circumstances, you will also have to go to court.
What a Lawyer Can Do That You Can’t
You can go to court without a lawyer, and we understand that for some, retaining a private solicitor is not possible. If you can afford representation, then a good drink driving lawyer is worth the cost. They know how the law works. They know what Courts look for, and they speak the language of the legal system. Importantly: they can use all of this knowledge to help you.
Here’s what a good lawyer will handle:
- Explain what charge you face and what it means
- Review your police facts, the breath test details and your traffic record
- Advise you on any preliminary steps you could take, how you should plead, and what the possible outcomes are for your matter
- Help you prepare documents like references and reports
- Speak for you in court to argue for a reduced sentence
They’ll also look at your background. Are you a safe driver overall? Do you drive for work or care for a family member? These facts help shape the way that you will present your matter in court. Good lawyers don’t just fight the charge — they tell your story in court.
Finding the right lawyer makes a big difference. This guide to choosing a traffic lawyer in Sydney breaks down what to look for and why experience matters.
What Penalties Could You Face?
Not everyone charged with drink driving receives the same penalty, as the outcome for each matter is tailored to the specific situation. Some penalties you may receive are:
- Criminal record – Most people who are sentenced in court for Mid Range or High Range drink driving will receive a conviction, which goes on their criminal record
- Disqualification – You lose your licence for a period of time
- Fine – based on the seriousness of your offence and your financial situation
- Interlock order – A breathalyser gets installed in your car
- Community service – You are ordered to do a certain number of hours of unpaid work
- Good behaviour bond – You can get in more trouble if you break the law again
- Imprisonment – this is a last resort for serious drink driving offences
One way to soften the blow is by showing the Court that you’re doing the right things—attending alcohol counselling, staying employed, showing remorse. These can help reduce your sentence. A good lawyer can help set you up with the things you can be doing to get the lowest possible penalty for your matter.
What Happens in Court
Going to court is intimidating. That’s why Sarah and Janelle from Ainsley Law like to meet their clients outside the courtroom with plenty of time before court starts. That’s when they will sit down, draw a map of the courtroom and explain who will be where, who will say what and when their client will need to stand up. They also go through their outline of submissions with their clients at this time, so that there are no surprises in the courtroom.
Briefly, in court you will usually sit in the public gallery and your lawyer will sit at the bar table at the front of the room. When it is your turn, your lawyer will stand, and introduce you and themselves. At that point they will usually ask you to stand up, so that the magistrate can see where you are, then you will be able to sit down again.
If you are pleading guilty, your lawyer will enter the plea, and both your lawyer and the prosecutor will hand any paperwork that is relevant up to the magistrate. Once the magistrate has read the papers, they will give your lawyer a chance to make submissions. This is where your lawyer will tell your story, contextualise the offence and explain what penalty is appropriate in the circumstances and why.
There can be a bit of discussion back and forward between the magistrate and your lawyer. This is fine and quite common. Then you will be asked to stand and the magistrate will make their judgement. This can be very quick, or could be more of a lecture, depending on your matter and the magistrate who has heard the case.
Once the judgment has been delivered, your matter will be finished and your lawyer will lead you out of the courtroom.
How Lawyers Build a Strong Defence
A good lawyer won’t give you a cookie-cutter approach. They’ll take the time to properly understand you, what matters to you, what happened when you were pulled over and the implications of the matter for you moving forward. They will then suggest evidence that you can work on together so that your unique story can be properly presented in court. This ensures that you feel confident in your representation, and that you get the best outcome possible.
Impact Beyond the Courtroom
Every driver is different, and will have particular concerns about the impact that their matter could have on their life moving forward. It is important that you tell your lawyer what is worrying you the most, so that they can advise you on that and prepare your matter so that it has the lowest possible impact. Whether your concern is having a criminal record, losing your licence for a long time, how the interlock system works or the reputational impact of being charged- your lawyer can support you through it.
Making Sure It Doesn’t Happen Again
When sentencing someone for a drink driving matter, the Court is trying to balance a few goals. Courts don’t just want to punish, they want to help people learn, recover and be safer too. That’s where rehabilitative programs and steps to avoid reoffending come in.
Your lawyer may recommend:
- Alcohol counselling or rehab
- Behavioural programs
- Driving courses
- Personal support systems
Frequently Asked Questions
1) Can I get my licence back early after a drink driving suspension?
Generally not. If police have suspended your licence for drink driving, then a Court must find “exceptional circumstances” justifying the lifting of the suspension to give you your licence back early. This is a high bar to get over. It is important to get legal advice before trying to get your licence back early to understand the process, what your chances are, and if there are any risks to making the application in your situation.
2) What’s a section 10, and how do I get one?
A section 10 means the court finds you guilty, but chooses not to record a conviction. This avoids a criminal record and further penalties, like more time off the road. A section 10 is a discretionary decision, where the magistrate has the power to dismiss your matter without giving you a criminal record if they believe it suitable in your unique case. When making that decision, the Court considers your alcohol reading, driving history, personal situation and whether you’ve taken steps like doing a course or writing a letter of apology. A lawyer will be able to advise you about whether a section 10 is possible in your case, and if so, can prepare and present your matter in a way that gives you the best chance at securing that result.
3) Will this offence be on my record forever?
If the Court convicts you, the offence will go on your criminal record and if you don’t reoffend, will appear on record checks for 10 years. But if you get a non-conviction outcome (like a section 10), it won’t appear once any Conditional Release Orders made are finished (these can be up to 2 years). That’s why putting your best foot forward on sentence is important- there can be flow on effect for years to come.
4) How long does this process usually take?
Most drink driving cases move fast. Once you’re charged, you’ll get a court date within 4 to 8 weeks. Your lawyer uses this time to gather documents, prepare your submissions and speak with the prosecutor. Some cases are finalised in one court appearance. Others may need more time, especially if you plead not guilty or seek a more complex outcome.
Get Through It and Move Forward
A first offence doesn’t have to be the end of the world. A good lawyer can make all the difference to you feeling in control of your matter and getting you the best outcome.
If you or someone you know has been charged with drink driving, take action early. Ainsley Law has helped hundreds of people get fair outcomes. Visit us at Ainsley Law to get started.
Please call us today at 0416 224 601 or leave an enquiry.
