Being charged with drink driving can be overwhelming. It’s easy to feel lost and not know what to do next. Finding the right help early makes a difference to both the outcome in court and how you feel throughout the process.
That’s why we started Ainsley Law. Our principal lawyers, Janelle Whale and Sarah Marinovic, saw the difference having the right help makes. Our team practices exclusively in traffic law and have helped hundreds of people navigate their drink driving charges.
Having experienced drink driving lawyers in Sydney on your side can make all the difference.
Why Legal Help Matters
Drink driving charges can have serious consequences. Even first-time offences will usually face criminal convictions, penalties and licence disqualifications. There can also be consequences beyond what the Judge imposes, such as increased insurance costs, restrictions on overseas travel and impacts on your employment.
You want to make sure you’re getting the best outcome possible. Even when pleading guilty, there are always things you can do to improve your outcome.
Here’s where an expert drink driving lawyer can help:
- Check the police have done their job correctly: are the charges correct, have they followed the correct procedure and is their evidence reliable?
- Negotiate with police to improve their paperwork in your favour: if you are pleading guilty, the police will give the Judge a Facts Sheet that outlines the details of the offence. Often they will include information that’s unhelpful for your case. We can negotiate with police to improve the Facts Sheet.
- Build arguments and help you prepare the right evidence to reduce penalties or dismiss the charges.
- Represent you in Court and speak on your behalf.
Our drink driving lawyers are experts who deal with traffic offences every day. We know how the Courts work, what Judges want to see and what defences you can raise. We help our clients prepare and put the best case forward.
There are additional concerns for professional drivers. Not only is their licence their livelihood, they also have additional responsibilities under the law. That’s why it’s crucial to understand how drink driving laws apply to truck drivers or others with special responsibilities.
If you’re wondering why you should get a lawyer for a drink driving offence, the answer is simple: because your future is worth defending properly.
Choosing the Right Lawyer: What to Look For
You don’t want just any solicitor. You want someone who specialises in traffic law, knows the local courts and has a solid record dealing with drink driving cases. A lawyer who’s handled dozens—if not hundreds—of cases like yours will know how to approach it with clarity and strategy.
Here’s what to look for:
- Specialisation in traffic and drink driving offences
- Familiarity with your local Court
- Clear, honest communication
- Transparent fees and service scope
- A track record of positive outcomes
To choose the right DUI lawyer for your case, don’t be afraid to ask questions during your first consultation. It’s your future—be picky.
Questions to ask in your first conference
By the end of the first discussion with your lawyer you should feel that:
- Your lawyer understands your situation and what’s important to you.
- You understand your options and likely outcomes.
- There is a plan for the next steps in your case.
- You have a clear understanding of the legal fees (often with a fixed fee quote).
Your lawyer should ask lots of questions about you and what happened. They should listen to your concerns and answer any questions you might have.
Some things you might like to ask during the first call include:
- What types of penalties can the Judge impose?
- What is the realistic best case and worst case scenario?
- What are my options for pleading guilty vs not guilty?
- Am I likely to receive a criminal record and what might that mean for my employment and travel?
- When do you expect my case to be resolved?
- What can we do to improve my outcome?
- Will I have an interlock device fitted to my car? What does that involve?
What the Court Expects to See
Being prepared for your court date is important. A well prepared and professionally presented case makes a good impression on the Judge. The more clearly we put your case forward, the more reasons the Judge has to be lenient.
As a starting point, the Judge will expect you to have completed a Traffic Offenders Program. There are many providers offering this course. Our lawyers will recommend the course that best suits your situation.
It is also important to provide evidence to support your case. Giving the Judge proof to back everything up makes a much stronger case than just telling them the information. Evidence can include:
- A letter from you
- Proof of employment
- Character references
- Medical reports
- Travel documents
The right evidence varies between cases. Our lawyers will explain what evidence will help your case and then help you get everything ready.
FAQs
Can I keep my licence after a drink driving charge?
Most drink driving cases will result in some time without your licence. However, we can usually minimise this time and get you back on the road as quickly as possible.
Usually the police will suspend your drivers licence on the spot if you are found over the limit. This suspension is designed to remain in place until the Court decides the outcome of your case (or if police issue a penalty notice instead of sending the case to Court, the suspension remains for a set period of time).
You can appeal against the police issued suspension. The Judge can only lift the suspension if there are ‘exceptional circumstances’, i.e. something unusual about your case and need to drive. If the appeal is successful, then you can resume driving while awaiting the Judge’s decision for your drink driving case.
When the Judge decides the outcome of your drink driving charge there will usually be a disqualification period imposed. The law outlines a minimum and maximum disqualification period for each level of drink driving case. Presenting your case well increases your chance of achieving the minimum disqualification period.
In some cases, the Judge might consider making a ‘non-conviction’ order. This is also often called a Section 10. This is where the court finds you guilty but records no conviction. If the Judge makes this order, there is no further licence disqualification. A Section 10 is a less common outcome for drink driving cases, but Judges will consider it in some cases. The Judge will be looking at factors including the seriousness of the offence, your driving and criminal records and whether there are extenuating circumstances.
Since a Section 10 is less common for drink driving offences, it is important to get honest advice from a lawyer you can trust. Our team at Ainsley Law pride ourselves on giving realistic advice, so our clients are prepared.
What’s the difference between DUI and PCA?
In NSW, PCA (Prescribed Concentration of Alcohol) means you were caught with a set blood alcohol level. The charge is based on breath or blood test results.
DUI (Driving Under the Influence) does not rely on a set blood alcohol level. Instead, the prosecution must prove that you were impaired by alcohol. This will be based on observations of your driving, how you were acting, smelling of alcohol and if you look intoxicated.
PCA charges are more common and easier to prove because they rely on numbers. DUI charges often need witness statements or expert opinion.
Knowing which charge applies is important, as defences and outcomes vary. A lawyer will explain which one you’re facing and what it means for your case.
How does a drink driving conviction affect my job?
Drink driving convictions can impact your job, but exactly how will depend on a range of factors.
The most immediate impact will be loss of licence. For roles that rely on driving, minimising the time off the road can be the difference between keeping the job or not.
Some industries require professional accreditations, registrations or security clearances. The governing bodies may require disclosure of charges or convictions, following which they will determine whether disciplinary action is required. Preparing your case well for court can also help with these professional reviews.
Convictions for drink driving cases will also appear on your criminal record. This means they will be disclosed if a future employer requires a criminal record check.
Can I represent myself in court?
You can choose to represent yourself in court. However, things will generally run more smoothly and your chances of achieving a favourable result are better with legal representation.
When you are represented by a lawyer, they will guide the preparation of your case and speak to the Judge on your behalf.
The key to achieving your best result in Court is making sure you’ve prepared well. There is a lot of information online with general recommendations about getting ready for Court. However, every case is different. You will benefit from personalising the submissions, character references and other evidence for your case. An experienced lawyer will identify your best arguments and make sure you have the right evidence to support them.
In Court, a good lawyer understands what to say to the Judge to improve your outcome. Just as importantly, they know what not to say. Unexpected questions and issues often come up during the hearing. An experienced lawyer can respond to those on the spot.
How long will the offence stay on my record?
A drink driving offence will remain on your driving record permanently.
For a criminal record check the offence will generally show for 10 years after conviction in NSW. After that, it becomes a “spent conviction” unless you’ve reoffended during that time. A spent conviction doesn’t usually show up in standard checks, but may still appear in some specific checks, for example in certain types of employment.
Take the First Step Towards Putting It Behind You
Facing a drink driving charge is hard — but you don’t have to face it alone. Expert legal help gives you direction, support and peace of mind. If you’ve been charged with drink driving, now’s the time to act. Let Ainsley Law stand with you.
Please call us today at (02) 8294 5697 or leave an enquiry.