NSW Drink Driving & Traffic Offences

Hello,

Pulled over by the police last weekend and blew .156 back at the station. This is my second DUI in 11 years, and while I can't recall what the reading was from my first offence, I seem to recall it being from mid to high range. In between these offenses my driving record has been been fairly untarnished, a speeding ticket or two, and maybe a couple of parking fines.

What can I expect this time around? I understand a loss of licence and a fine is a certainty, but I'd just like to know where I stand when my day in court comes.

From what I gather, a restricted licence is out of the question. Being a husband and father, and with my child starting kindergarden only a few weeks ago now, my actions have, naturally, placed a significant strain on my marriage as I am now unable to drive my child to and from school.

Any advice would be gratefully received.

Regan

Hi Regan,

You will be dealt with as a repeat offender, despite the first offence being 11 years ago. The old rule was that after 5 years you became a first offender again, but those rules were recently changed. You are correct in your understanding that there is no way for you to obtain a restricted licence - there are two limbs of eligibility for a restricted licence. Firstly, you must not have a reading over 0.1 and secondly you must not be a repeat offender.

You will be required to do the drink driving course "Know the Risk" - so it is worthwhile looking into dates for this program now. You are also looking at a default disqualification period of 5 years or a minimum of 12 months. There is potential for further orders to be made in respect of community service and the like, but this will depend on your individual circumstances. If there was a crash, then the penalties are significantly more severe.

If you would like to speak about your matter further, feel free to ring me on (02) 9261 4555