What happens when you have been charged with driving under the influence?
For a driver with a full license, the legal limit of blood alcohol is 0.05. If you have been found driving a motor vehicle with a prescribed concentration of alcohol greater than 0.05, you will be taken to a local police station for a proper alcohol analysis. Should the analysis disclose a blood alcohol level of 0.05 or higher, you will be charged with a drink driving offence.
The Court can impose strict penalties for drink-driving offences in NSW, which can vary significantly depending on how the Court examines the facts and circumstances surrounding each individual matter to render a ruling accordingly. The factors they will judge to determine a charge include:
The gravity of the offence
The age of the alleged offender
The level of blood-alcohol concentration (BAC)
The driving history of the person concerned
Whether this is a second or subsequent offence
Any other factors that may affect the individual should the offence be proven and a punishment imposed
At this time, you should follow all conditions set out by the Police and Roads and Maritime Services in your Court Attendance Notice.
To ensure you can navigate proceedings with clarity, it is essential to engage Brydens Lawyers as early as possible — strict time limits apply to appeal drink driving convictions in NSW. Our specialised lawyers will discuss the options available and the expected outcome to ensure you can stay informed and move forward.
How our DUI lawyers in Sydney argue against drink driving charges
At Brydens Lawyers, we lead with transparency, taking a pragmatic approach to achieve more favourable outcomes for our clients.
Generally, the Courts will be more lenient in terms of the punishment prescribed if a guilty plea is entered at the earliest opportunity. In addition to a guilty plea, the Court will also take into account the level of remorse shown, the explanation provided for the offence, any engagement in a Traffic Offenders Rehabilitation program, as well as testimonial evidence that you can provide in support of your character.
The Court will consider all of the relevant matters set out above to determine and impose a sentence. Such sentences may include accepting that an offence has been proven, but providing a dismissal of the drink-driving charge. On the other hand, depending on the gravity of the offence, there may be the imposition of a fine, demerit points deducted and the suspension of the licence or imprisonment.
What are you able to appeal?
If you are convicted of a drink driving offence, you can appeal the conviction itself or the penalty imposed against you. Any appeal must be lodged within 28 days from the day you were convicted. Otherwise, you will need leave to appeal. There is no guarantee that the Court will grant you leave to appeal.
Often, drink driving offences are appealed for the reason that loss of licence will make it difficult, if not impossible, for the person in question to travel to and from work. Regrettably, there is no special provision within the legislation that enables a person to retain their licence, even on a restricted basis, to travel to or from work. Quite often, it is the case that a driver’s licence disqualification means the loss of a job for the individual involved.
However, there are arguments our DUI lawyers in NSW can make to mitigate your sentencing. These include challenging the accuracy of readings due to faulty testing equipment or medical conditions that may interfere, or, in exceptional circumstances such as a medical emergency, arguing that there was no other option.
What are the legal costs involved?
When you seek legal advice from Brydens Lawyers, we will take the time to discuss with you the likely costs to be incurred. These legal fees and other costs can vary significantly from one matter to another, depending on various factors.
Brydens Lawyers handle numerous criminal and traffic matters each year. Our Criminal lawyers are committed to getting the best result for you. Whether you are pleading guilty or not guilty, Brydens Lawyers will prepare you thoroughly for your Court hearing.
When should you consult a lawyer?
You should consult Brydens Lawyers and seek legal counsel for your drink driving matter as soon as you have been charged and provided with a Court Attendance Notice. The sooner you act, the sooner we can provide the necessary legal advice and guidance.
Once you engage the services of an expert lawyer, we will obtain your instructions and advise you of your options moving forward, considering that a plea must be entered into on the next occasion the matter is before the Court.
Why are Brydens Lawyers the right representation for you?
Brydens Lawyers are experts in criminal law. If you have been charged with a drink-driving offence or a drug-driving offence, we can provide you with professional legal advice and representation to help you. We can assist in the defence of the charge or, alternatively, the plea to the charges to ensure a satisfactory outcome for you.
Subject to your instructions, the charges can be defended entirely by entering a plea of not guilty. The matter would be listed for hearing before the Court when all evidence is called on behalf of the person charged and the prosecution. In such cases, the Court then makes a decision regarding the guilt of the person involved and, if appropriate, the imposition of a penalty.
Alternatively, Brydens Lawyers are available to assist with the entry of a plea should you choose to plead guilty. Submissions made by Brydens Lawyers on your behalf will ensure the best possible outcome so that the penalty is less severe than what otherwise may have been the case.
In all matters of traffic law and penalty notices, whichever way you choose to proceed, Brydens Lawyers can provide you with the legal advice you need to help your case. Contact us online or call 1800 848 848 today for more information on our services and how we can help you.
