What Are the Drink Driving Laws in Sydney That You Must Know
Drink driving implies operating a motor vehicle when you are under the influence of alcohol. Typically, your system will contain the threshold amount of BAC. However, drink driving also means the consumption of alcohol while driving, no matter how small the amount. Even when there is no specified BAC (blood alcohol concentration), you may experience the effects of alcohol, like:
- Increased risk-taking tendency
- Diminished judgement in determining speed and distance
- Reduced motor coordination and focus
- A false sense of confidence and slower reflexes
- Impaired vision and perception
Drink driving in Sydney is a serious criminal offence. If you face such a situation, seek legal help immediately. The competent lawyers at https://criminal-lawyer.com.au/ can help you avoid penalties and jail time.
How Much Can I Drink Safely Before Driving?
Drinking before you drive is separate from drinking while you drive. It is illegal in Sydney to drink and drive at the same time. There is no need for BAC or prosecution to prove driving impairment to get a DUI charge.
Also, even if you drink hours before driving, alcohol may still be present in your blood. How long it stays in the system depends on factors, such as body type, age, gender, time last consumed, food intake, type of alcohol, etc. After you stop drinking, BAC levels may rise for two hours. If you drive in that period, it can be perilous. So, it is difficult to say how many drinks you can have safely before driving.
Types of Drink Driving and BAC
From May 2019, the drink driving laws in Sydney have become stricter, with the introduction of a new “zero tolerance” policy. Even for low-range drink-drivers, a DUI offence can get an immediate 3-month driving suspension and $561 in fine.
Depending on the alcohol levels in your blood, drink driving is classified as:
- High-range drink driving
- Mid-range drink driving
- Low-range drink driving
- DUI or driving under the influence
- Special-range drink driving
- Novice-range drink driving
The penalties are driver licence disqualification, fines, imprisonment, and criminal conviction, which remain in the public record.
BAC is the threshold amount of Prescribed Concentration of Alcohol in a driver’s blood. If the BAC level crosses this limit, the driver will face a criminal conviction. Your Sydney defence lawyer can help you avoid a conviction by applying for Section 10 dismissal. They may also persuade the Magistrate to grant a Conditional Release Order without conviction.
What Are the Legal BAC Limits for Drink Driving?
The BAC level in your system is equal to the amount of alcohol measured in grams per 100 millilitres of blood.
For the drink driving types mentioned above, here are the BAC limits in Sydney:
- High-range drink driving: 0.15g or more BAC
- Mid-range drink driving: BAC levels from 0.08g to 0.149g
- DUI or driving under the influence: No specific BAC reading required
- No evidence needed to prove alcohol-impaired driving
- Driving under the influence of alcohol is enough
- Low-range drink driving: BAC between 0.05g and 0.079g
- Special-range drink driving: BAC from 0.02g to 0.049g
- Novice-range drink driving: BAC of 0 to 0.019g
The last two BAC limits apply to ‘L’ or ‘P’ platers or interlock device licence holders.
The state of New South Wales has three BAC limits: zero, 0 to 0.02, and 0.02 to 0.05. The legal limits depend on the type of vehicle you drive and the type of licence you possess.
Zero BAC applies to all provisional and learner drivers and visitors with an overseas or interstate licence, or equivalent. BAC 0.02 g applies to drivers with GMV greater than 13.9 tons. Those transporting dangerous substances and drivers of public vehicles also must not exceed BAC 0.02. For all unrestricted licence holders, a BAC reading of up to 0.05g is legal. Check https://criminal-lawyer.com.au/ for more information.
