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Drink Driving Offences NSW

FAQ - Drink Driving NSW

Drink Driving (DUI Penalties) is a serious offence in NSW which carries penalties such as - Jail Term, Fine , Criminal Conviction and Disqualification period, this depends on the level of consumption by the accused.

To assist clients we present FAQ but it must be noted that this information must not be relied for legal advice purposes as each circumstances may differ:

  1. I have been charged for drink driving what will happen now ?
    • If you have been charged with drink driving you will be served with a CAN (Court Attendance Notice) by the police in this the facts surrounding the incident will be presented, you will be given an opportunity to defend your case or enter a plea.
  2. What are the penalties for drink driving ?
    • The penalties differ and several factors are taken into account including your personal circumstances before the incident, level of consumption, previously committed offences by you.
  3. Will I get a criminal conviction ?
    • Drink driving is a serious offence on entering a plea, the sentencing judge will impose a criminal conviction unless an order is made under s 10 Crime (Sentencing Procedure Act) to not record it.
  4. What will happen if a conviction is recorded ?
    • Having a conviction recorded has serious consequences, it mostly impacts an individual who are seeking for work with perspective employers, it is a common practice that large organisation carry criminal checks for future employees.
    • If an individual wishes to bring their perspective spouse from overseas then it will have a serious impact on his immigration application as he will fail the character test as a sponsor.
  5. Is it advisable to be self-represented ?
  • Since the penalties that are imposed are serious we don't recommend parties to be self-represented. A lawyer can assist you and guide you with court processes that are involved.


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