Drink driving lawyer in Wagga Wagga and the Riverina
Drink driving charges in NSW depend on your licence and your blood alcohol reading. The penalty can include a fine, a licence disqualification, a mandatory alcohol interlock and, for higher readings or repeat offences, imprisonment. John advises you on your plea and argues for the outcome that keeps you driving where the law allows.
Dr John Weir, Accredited Specialist in Criminal Law- What are the ranges?
- Novice range for learner and provisional drivers, special range for special category drivers, then low, mid and high range.
- Is my licence suspended now?
- Police can suspend a licence immediately for many drink driving offences. Check your notice.
- What is an interlock?
- A breath testing device fitted to your car that you must use for a period after disqualification. It is mandatory for many offences.
- Can I avoid a conviction?
- Sometimes, under section 10, depending on the reading, your record and your circumstances.
Drink driving charges John defends
Prescribed concentration of alcohol (PCA) charges are set by your reading.
- Novice range PCA (above zero for learner and provisional drivers)
- Special range PCA (0.02 to under 0.05)
- Low range PCA (0.05 to under 0.08)
- Mid range PCA (0.08 to under 0.15)
- High range PCA (0.15 and above)
- Driving under the influence of alcohol
- Refuse or fail breath analysis
- Refuse or fail blood or urine sample
- Repeat drink driving offences
After a positive breath test
- 1
Breath analysis
If the roadside test is positive, police take a second reading at a station or in a breath testing bus. That reading decides the charge.
- 2
Penalty notice or court
Since May 2019, some first offences in the novice, special and low ranges can be dealt with by a penalty notice and an immediate licence suspension instead of going to court. Other charges go to court.
- 3
Advice
John checks the timing, the procedure and the paperwork, and advises on your plea.
- 4
Sentence material
References, a driving record, evidence of what losing your licence would mean, and often a traffic offender program.
- 5
Court
John puts your case to the court and explains the disqualification and interlock that apply.
What John does on a drink driving charge
- Checks the timing and procedure of the breath analysis
- Advises whether a defence is available
- Explains the disqualification and interlock that apply to your charge
- Prepares you and your references for court
- Argues for a section 10 outcome where it is realistic
- Appeals a disqualification to the District Court where it is worth doing
Dr John Weir
Accredited Specialist in Criminal Law
Over 30 years in court, as prosecutor, Legal Aid solicitor, barrister and solicitor advocate.
Call JohnDrive for a living?
If you drive a heavy vehicle or combination over 13.9 tonnes, a bus, a taxi, a rideshare or hire vehicle, or a vehicle carrying dangerous goods, the limit is under 0.02 while you drive it. The limit depends on the vehicle, not your licence class. See heavy vehicle offences.
Heavy vehicle offencesQuestions people ask
Related
Drug driving
In NSW it is an offence to drive with any amount of cannabis (THC), methylamphetamine, MDMA or cocaine in your system, even if you were not affected by it.
Drug drivingTraffic and licence appeals
Some licence suspensions can be appealed to the Local Court, but the time limits are short.
Traffic and licence appealsAppeals and trials
If you want to appeal a Local Court decision, or you face a serious charge in the District or Supreme Court, you need someone who has stood up in those courts many times.
Appeals and trialsTalk to John about your matter.
Call now, or leave your number and the court, and John will call you back. [Call back timing]
0429 452 225jw@johnweir.com.auPO Box 469, Wagga Wagga NSW 2650