Drink driving is viewed as a serious offence by the police and courts. In Sydney, the law is clear that if you are caught driving over the limit you will usually receive a conviction. But there are some cases where the extenuating circumstances of the offence or your personal circumstances convince a magistrate to waive the conviction.
People are often surprised that avoiding a conviction for drink driving is not an easy task. Working with experienced drink driving lawyers in Sydney can make an enormous difference to the outcome in your case. An experienced lawyer will know whether your case meets the criteria where a non-conviction might be considered and what can be done to increase your chances.
Most importantly, our team will always give you honest advice about your chances. We are upfront and never promise outcomes that are out of range. This honesty is important, because it’s only fair that you understand the likely outcomes in your case and can prepare accordingly.
Where we identify that your case is one where a non-conviction is possible, then we strongly pursue this outcome. We will help prepare your case to give you the best chances.
What is a ‘non-conviction’
When someone pleads guilty to drink driving the magistrate then decides on the sentence.
One option available to the magistrate is a ‘non-conviction’, also often called a ‘section 10’. This is where they find you guilty and put the offence on your record, but they don’t attach the conviction.
The practical effects of a non-conviction are:
- Your drivers licence is reinstated.
- There is no fine or gaol.
- The offence will not be disclosed on many types of criminal record checks (although there are some exceptions to this)
Where the magistrate grants a non-conviction, they will often also attach a type of good behaviour bond called a Conditional Release Order. This means that if you have a new offence within a set period of time the magistrate has the option to reopen your drink driving case and impose a conviction.
Will I get a non-conviction?
Unfortunately, in most cases you will receive a conviction if you are found guilty of a PCA offence.
The level of your offence will make a difference to your chances:
- It is more common to get non-convictions for Low Range PCA than the higher level offences.
- Most Mid Range PCA cases will result in a conviction, however there are some circumstances where we have achieved non-conviction results.
- It is very rare to achieve a non-conviction for High Range PCA.
In deciding whether to grant a non-conviction some of the factors the magistrate will consider include:
- Your age, record and personal circumstances
- Any extenuating circumstances of the offence
- The seriousness or triviality of the offence
- The proportionality of the conviction to your offence
Usually drink driving offences are viewed as too serious to avoid a conviction due to the risk to public safety.
However, just because non-convictions are rare doesn’t mean you should not consider the possibility. There are cases where it is possible to achieve a non-conviction and it should be pursued.
Why an Experienced Lawyer Makes All the Difference
Working out whether a non-conviction is within range for your case involves weighing up multiple factors. These include your person circumstances, driving record, the circumstances of the offence and how long you have been suspended waiting for your case. It can also include which court your case is heard at because different magistrates will have different views.
An experienced drink driving lawyer is able to weigh up these factors and give you an honest assessment of your chances. We:
- Understands the usual trends in sentencing for drink driving cases
- Know how to present your case to different magistrates
- Can spots the strengths in your case and also problems in how the police handled your case
- Builds strong legal arguments and help you to prepare your evidence to support them
Importantly, in addition to knowing what to say, we also know what not to say. Sometimes asking for too lenient an outcome or even just wording things in a way the magistrate doesn’t like can reduce your chances of achieving a good result. This is where having an experienced lawyer who is upfront with you makes an enormous difference to your case.
Choosing a general lawyer who does not handle many drink driving case can harm your case. The right lawyer knows which defences work, when to use them and how to speak to the court in a way that matters.
Check out this detailed guide on how to choose the right DUI lawyer in Sydney if you want to take the next step with confidence.
Choosing the Right Lawyer for You
Not every lawyer fits every person. Look for someone who:
- Works exclusively in traffic law
- Knows your local court
- Has strong reviews from real clients
- Communicates clearly and quickly
- You feel confident and comfortable with
At Ainsley Law we think it’s important for prospective clients to get to know us and see if we’re the right fit for them. That’s why we always have a free initial discussion with clients about their case. You have the opportunity to speak with the lawyer who will be running your case and hear their initial views before deciding how to proceed.
Now, let’s answer some key questions.
FAQs
1) What should I do first after being charged with drink driving?
The first step is to stay calm. Then call a lawyer. If you’ve been charged, you likely received a Court Attendance Notice. This includes your hearing date and the offence details. Don’t ignore it. Getting started promptly gives us the best chance to prepare a strong case for you.
Next, write down what happened before, during and after the stop. This helps your lawyer find mistakes or gaps in the police report. Make sure you also save any letters, fines or test results given to you. Having these documents will help your lawyer.
Then talk to your lawyer about what to do before court. That may include getting references, joining a driving course or asking your doctor for a letter. The sooner you act, the more tools your lawyer has to help you.
2) Can I keep my licence after a drink driving charge?
It depends on your BAC level and whether this is your first offence.
Usually the police will issue an immediate suspension for Mid Range and High Range PCA charges. They can also issue an immediate suspension for Low Range PCA, but don’t always.
Speak with your lawyer at the outset about whether it will be possible and preferable to have the suspension lifted while you wait for your court date.
If you plead guilty, the magistrate will then decide the sentence. Normally the sentence includes a period of licence disqualification and interlock.
Sometimes though, your case might qualify for a non-conviction (section 10). If that happens then your licence will be returned to you.
Every case is different. Your lawyer will look at your record, the circumstances of your offence, and your personal situation.
3) Do I need to go to court even if I want to plead guilty?
Yes, you should still attend court. Even if you plan to plead guilty, the court will decide your penalty. This is your chance to explain your side and reduce the impact of your charge.
A lawyer can help take the pressure out of your court date by speaking on your behalf and helping you with the preparation.
4) Can I go to gaol for drink driving?
Yes, gaol is possible — but not common for typical drink driving cases. Gaol becomes more likely if:
- Your BAC is in the high range
- You caused a crash
- You have past offences
Even then, gaol isn’t always the outcome. Often we are able to present other options to the magistrate such as community service orders, treatment or intensive corrections orders.
Often our new clients are worried about the prospect of gaol. Our lawyers will always assess the case and give an honest opinion of the likelihood. Usually we’re able to put your mind at ease that gaol is unlikely. In the rare case it’s on the cards, we will be upfront about that and help you prepare your case to give you the best chance to avoid it.
Get The Right Support Now
Being charged with drink driving can be a distressing event. But it doesn’t have to be disastrous. Courts in Sydney don’t want to wreck lives over one mistake. They want to see that you understand, care and have taken steps to fix it.
That’s where strong legal help comes in. At Ainsley Law, the team cares for our clients. We take the time to understand your case, provide upfront advice and reassure you through the process.
Need help? Contact the experienced team at Ainsley Law today and protect your record before it’s too late.
Please call us today at (02) 8294 5697 or leave an enquiry.
