From May 2019, the laws in NSW on drink driving strengthened as part of the government’s 2021 road safety plan to deter drivers from offending. This article will focus on providing information to charges under section 110 of the Road Transport Act 2013 ‘Act’ regarding section 110 presence of prescribed concentration of alcohol in person’s breath or blood.[1]

 

What are the alcohol concentrations prescribed?

Range	Description
novice range prescribed concentration of alcohol	means a concentration of more than zero grams, but less than 0.02 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.
special range prescribed concentration of alcohol	means a concentration of 0.02 grams or more, but less than 0.05 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.
low range prescribed concentration of alcohol	means a concentration of 0.05 grams or more, but less than 0.08 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.
middle range prescribed concentration of alcohol	means a concentration of 0.08 grams or more, but less than 0.15 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.
high range prescribed concentration of alcohol	means a concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.[2]

 

What is a vehicle?

The term vehicle in the Act according to section 4 includes:

1. Any vehicle on wheels but not including vehicle used on railway or tramway, or
2. Any tracked vehicle (such as bulldozer)[3]

 

To be convicted, what does the police need to show?

In order to be convicted the police beyond reasonable doubt need to show that you fulfilled the elements of driving with the presence of a prescribed concentration of alcohol offence. The elements for this offence are:

1. Presence of prescribed alcohol in oral fluid, blood or urine
2. Driving a motor vehicle.[4]

 

What happens if I fail a roadside breath test?

If you fail a roadside breath test you will be required to undergo a breath analysis. In the instance you also fail this test you will be subjected to a drink driving charge relative to the concentration present in your system and the occurrence of your offending. You will be asked to attend a court date and as a minimum penalty you may receive a fine, licence disqualification and given an interlock period. However, the court does consider drink driving charges very serious so I would highly recommend you contacting an experienced lawyer at Walker Criminal Lawyer’s to ensure the bets outcome.

What is a mandatory interlock order?

Section 211 of the Road Transport Act provides that a mandatory interlock order is an order that a court imposes on a person convicted of drink driving disqualifying them from driving for a period. Once the disqualification period is over, the person is required to obtain an interlock drivers licence and participate in the interlock program. [5]

 

What penalties may I receive?

First offence (no previous major offence in the last 5 years)
Offence	Max. Fine	Disqualification period (months)*	Minimum Interlock Period (months)
Novice range PCA	20 penalty units $2,200	Min:    1 Max: 3	12
Special range PCA	20 penalty units $2,200	Min:    1 Max: 3	12
Low range PCA	20 penalty units $2,200	Min:    1 Max: 3	12
Mid range PCA	20 penalty units $2,200	Min:    3 Max: 6	12
High Range PCA	30 penalty units $3,300	Min:    6 Max: 9	24[6]

 

[1] Road Transport Act 2013 (NSW) s 110.

[2] Road Transport Act 2013 (NSW) s 108.

[3] Road Transport Act 2013 (NSW) s 4.

[4] Road Transport Act 2013 (NSW) s 110.

[5] Road Transport Act 2013 (NSW) s 211.

[6] Road Transport Act 2013 (NSW) s 211.

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