Drink Driving Lawyer Sydney

Get Back on Track with an Expert Drink Driving Defence Lawyer

At Green & Associates, we believe all our clients deserve a second chance.

Drink driving charges can take you off the road and have long-term affects on your license. Our discrete and compassionate criminal lawyers go the extra mile to help you navigate the legal system and minimise your drink driving penalty.

Whether you’re facing a first offence or appealing the court’s decision, you need a leading drink driving lawyer on your side. Our criminal lawyers use expert strategies, proven tactics and creative thinking to deliver the best possible results for our clients.

With a killer success rate of 97% across over 1,700 cases, we’ve earned our reputation as a leading drink driving lawyer in Sydney. No matter your case, you’re in safe hands with Green & Associates.

Contact us today and choose the drink driving lawyer Sydney locals turn to for a fair result.

Green & Associates Solicitors Experience and Success 

  • In addition to the below, we have acted for multiple lawyers, real estate agents and other professionals to obtain non-convictions and deal with disclosure and regulatory discipline thereafter;
  • We have had an habitual offender declaration overturned even after several mid and high-range convictions and got the client his license back after a fresh mid-range charge;
  • We have obtained dozens of s 14 diversions for alcoholics through to temporarily depressed or impaired persons from all walks of life who needed treatment and care, and got them that treatment and care

Our Client had an accident and was unable to provide a  breath test. We obtained a Mental Health Report that demonstrated that a failure to obtain was consistent with a panic attack. Accordingly, our client was sentenced to a Conditional Release Order without conviction and allowed to drive again.

Our Client who was a chef commuting from Sydney to the bush daily was charged with mid-range drink driving and driving +30 above speed limit. We successfully obtained  a  Conditional Release Order without conviction, and reduced mandatory suspension for speeding matter to 6 weeks.

We regularly achieve either minimum disqualification for drug and drunk driving offences. 

Contact us to book an appointment with our criminal defence lawyers today. The sooner we act, the more compelling and successful our defence will be.

At Green & Associates Solicitors, we act for the full range of matters that relate to employment law. We are uniquely placed to advise and act for any person or business.

We provide in-house advice to companies on a range of matters, including:

Why choose our drink driving lawyers?

From complex trials to DUIs, PCAs and more, our criminal lawyers have delivered excellent results across a broad range of drink driving offences.

We take the stress out of navigating New South Wales drink driving laws with a compassionate approach that keeps your needs front and centre. With clear communication, expert advice and discretion, we’ve built a reputation as the drink driving lawyer Sydney locals trust for superior results.

We leverage our connections to some of Sydney’s leading judicial officers, prosecutors, criminal barristers and industry experts to give your case the best possible chance at success.

Our approachable team will be in your corner throughout the process. Choose us and get unmatched support, care and expertise for your case.

We’re transparent. We deliver honest advice and clear communication to keep you in the loop.

We’re cost-effective. We work hard to ensure you get the most efficient, cost-effective solution for your case. Plus, we offer a 10% discount on fees paid within 7 days of signing with us.

We’re easy to talk to. We understand how difficult the legal process can be, — especially when faced with a drink driving charge. No matter your circumstances, we’re here to help you.

We get results. Our 97% success rate and over 40 years of combined experience make us one of the leading drink driving lawyers in Sydney.

Take a look at our main service areas below:

Potts Point

Kings Cross

Woolloomooloo

Rushcutters Bay

Elizabeth Bay

Darlinghurst

Surry Hills

We also service a range of surrounding areas in Central Sydney. Visit our full list of service areas or get in touch for more information.

Get the best result for your case with Green & Associates. Contact us today.

When do you need a drink driving lawyer in Sydney?

Under the Road Transport Act 2013, New South Wales law defines a drink driving offence as driving while your blood alcohol level (BAC) is over the legal limit. The legal limit is determined by your licence class.

Examples of drink driving offences include:

Driving while under the influence of alcohol (DUI)

Driving with a prescribed concentration of alcohol in your system (PCA)

Driving dangerously or recklessly when alcohol is involved

Refusing to give breath or blood samples for analysis

Penalties for drink driving offences are divided into five categories based on your BAC.

Novice range — 0.00 to 0.019

Special range — 0.02 to 0.049

Low range — 0.05 to 0.079

Mid range — 0.08 to 0.149

High range — 0.15 and above

NSW police may choose to conduct a drug test when alcohol is found in your system. If drugs are found in your system at the time of the offence, you can be charged with a combined alcohol and drug offence. Combined drug and alcohol offences carry significantly larger penalties under NSW law.

If you or someone you know is facing a drink or drug driving charge, get in touch with our team today. With a 97% success rate, you can trust our team to deliver the best result for your case.

Defences for drink driving offences

There are several defences to drink driving charges in New South Wales.

Defences for drink driving offences

The Road Transport Act 2013 stipulates that breath tests, fluid samples and sobriety assessments must be undertaken under certain conditions to be valid.

Breath tests must be conducted within two hours of you driving a vehicle. If a breath test is conducted outside of this window, the result may be dismissed.

If the police choose to test you when you are already pulled over, they must provide evidence that you were driving within the prior two hours. This can be proven via CCTV or witness accounts. However, if evidence cannot be provided, your charge may be dropped.

Defences for drink driving offences

If there is a delay between the time your BAC level was tested and the time you were driving, your actual BAC level may have been lower than the reported result. Depending on how your body processes alcohol, your BAC level may have increased from the time you were driving to the time your test was administered. This can change the accuracy of your BAC level and alter the penalties applied to your reading.

This could result in a lighter penalty for your case if proven by a pharmacologist report. For example, a person charged with a high range offence could be charged with a mid range penalty if their BAC level was in the mid range at the time of driving.

Proving you were not the driver

NSW police can conduct a breath test if they have reason to believe you were the vehicle’s driver. However, it must be proven beyond a reasonable doubt that you were the driver at the time of the offence for you to be found guilty. Your case can be dismissed if prosecutors can’t prove that you were driving the vehicle at the time of the offence.

Our expert criminal lawyers know how to tackle a broad range of complex drink driving charges. Contact us today and give your case the best chance at success with Green & Associates.

Our criminal lawyers

With a 97% success rate across all our cases, you’re in good hands with our team. We’re committed to getting you back on track with dedicated support, proven strategies and fair results, no matter your case.

Get to know our criminal lawyers and discover what makes us the drink driving lawyers Sydney locals trust with their cases.

Dominic Green

Principal Solicitor

Specialising in: Litigation & Disputes, Criminal Law, Commercial Law, Property Law and Wills & Estates

Language spoken: English

William Martyr

Senior Associate

Specialising in: Criminal Law

Language spoken: English

Spyridon Augoustinos

Associate

Specialising in: Property Law and Wills & Estates

Languages spoken: English, Greek

Anthony Kuschert

Associate

Specialising in: Litigation & Disputes, Criminal Law, Commercial Law and Wills & Estates

Language spoken: English

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Pamela Katsantonis

Associate

Specialising in: Property Law and Disputes & Litigation 

Languages spoken: English, Greek

Rayna Thomas

Associate

Specialising in: Litigation & Disputes and Wills & Estates 

Languages spoken: English, Malay

READ MORE → 

Riva Thapa

Paralegal 

Languages spoken: English

Sophie Wu

Accounts Manager

Languages spoken: English

Ivy Green

Debt Collection & Security

Since joining the firm in 2021, Ivy has become an integral part of the team. She is responsible for debt collection, office security and the mental wellness of both staff and clients.

With over 40 years of combined experience and 1,700 cases to our name, we’re the drink driving lawyer you need in Sydney. Contact us today.

Drink Driving FAQs

How many drinks can I have and still stay under the legal limit?
A 2021 survey from Budget Direct found that 43% of Australians are unsure how much they can drink while staying under the legal blood alcohol limit (BAC). The exact answer depends on your age, weight and licence class.

There are three blood alcohol limits in New South Wales.

  1. 0.00 — This applies to all learner drivers, provisional drivers and drivers with overseas/interstate learner or provisional licences.
  2. 0.02 — This applies to anyone driving vehicles greater than 13.9 tonnes in gross vehicle mass, drivers carrying dangerous goods, and taxi, bus and public transport drivers.
  3. 0.05 — This applies to all other licences not subject to 0.00 or 0.02 limits.

The number of drinks it takes to exceed the legal BAC will vary from person to person depending on their height, weight, body composition and the type of alcohol consumed. Always check the label to determine the alcohol content of your drink before consuming it.

We recommend avoiding alcohol in any scenario where you may need to drive.

What are the penalties for drink driving in NSW?
Drink driving offences are split into five categories in New South Wales depending on your blood alcohol level (BAC).

  1. Novice range — 0.00 to 0.019
  2. Special range — 0.02 to 0.049
  3. Low range — 0.05 to 0.079
  4. Mid range — 0.08 to 0.149
  5. High range — 0.15 and above

Each range has its own penalties depending on your offence and any prior major offence convictions within the past five years.

Novice, special and low range drink driving penalties

For a first offence, you may receive a 3-6 month suspension on your licence and a penalty notice fine of $581. The maximum court-imposed fine is $2,200 for a first offence.

For second or subsequent offences, the minimum disqualification is 6 months and the maximum disqualification is unlimited. The maximum court-imposed fine is $3,300. Second or subsequent offences in this category are subject to an alcohol interlock order.

Mid range drink driving penalties

The maximum court-imposed fine for a first mid range drink driving offence is $2,200, with the maximum prison sentence capped at 9 months. The disqualification period ranges from 6 months to unlimited.

The maximum court imposed fine for second or subsequent offences is $3,300. The maximum prison sentence is 12 months and the disqualification period ranges from 12 months to unlimited.

All mid range drink driving penalties are subject to an alcohol interlock order.

High range drink driving penalties

High range drink driving offences carry the steepest penalties in New South Wales for first, second or subsequent offences.

For first offences, the maximum court-imposed fine for high range drink driving is $3,300. The maximum prison term is 18 months, while the disqualification period ranges from 12 months to unlimited.

Second and subsequent offences can receive a maximum fine of $5,500 and a maximum prison term of 2 years. The disqualification period ranges from 2 years to unlimited.

All high range drink driving penalties are subject to alcohol interlock orders. Get in touch with our criminal lawyers for more information on the penalties for drink driving offences.

What is an alcohol interlock order?
An alcohol interlock order requires drivers convicted of serious or subsequent drinking offences to only drive vehicles that feature interlock devices.

An interlock device is an electronic breath-testing tool attached to the vehicle’s ignition. If you have an interlock device assigned to you, you will have to do a breath test using the device before starting the vehicle. If the interlock test finds that you are above the legal limit, your vehicle will not start.

The goal of the alcohol interlock system is to reduce the risk of serious or repeat offenders drinking and driving again.

Can I be fined for interfering with an alcohol interlock device?
Yes. Examples of interfering with an alcohol interlock device include having another person complete a breath test for you or attempting to disable the interlock system.
What happens if I fail my alcohol interlock breath test?
The legal limit for alcohol interlock devices is zero. If you receive a result above zero, the interlock device will record your result. The interlock device will also stop you from starting your vehicle for a period determined by your BAC.
Can I be exempt from an alcohol interlock order?

Yes. Interlock exemptions are made on the following grounds:

  1. You do not have access to a vehicle that can have an interlock installed in it.
  2. You have a medical condition that will prevent you from using an interlock.

If your exemption is successful, you will not receive an alcohol interlock order but will receive a longer disqualification period.

What is a Traffic Offenders Intervention Program?

Traffic Offenders Intervention Programs (TOIP) are courses that aim to educate drivers on the dangers of unsafe driving. The goal is to teach offenders the seriousness of their actions and how to avoid driving recklessly in the future.

Completing a TOIP before your case is listed in court can help you receive a lower penalty. To receive a reduction on your penalty, you must complete a TOIP listed under part 9 of the Criminal Procedure Regulation 2017.

Green & Associates is the drink driving lawyer Sydney drivers turn to for a fair outcome. Get in touch today.

We’re the team you need in your corner. Our expert solicitors will give your case the best chance of success, no matter the situation. If you or someone you know needs a drink driving lawyer in Sydney, contact Green & Associates and get a superior result today.

Colan Chin