Drink Driving Lawyers

Drink Driving Lawyers: DUI and PCA Offences & Defences

Our Client Testimonials

Peter O'Brien (with his superb team) have been a phenomenal blessing to me. He believed me, supported me, and undertook extensive detective work and archive research in the preparation of my case culminating in an legal precedent that will be referred to by future court decisions. It has been a stressful 9 years from beginning to end and Peter was steadfast the entire time.

I recently had the pleasure of working with O'Brien Criminal and Civil Solicitors and cannot recommend them highly enough. Their legal expertise and dedication to their clients are unmatched. From the moment I contacted them, they provided me with outstanding support and guidance.

As a client of O'Brien Criminal & Civil Solicitors, I am extremely satisfied with the services provided by Tim Rayner and the entire team. From the initial consultation to the final resolution of my legal matter, I have been impressed with the level of professionalism, expertise, and attention to detail demonstrated by everyone involved.

I wanted to express my heartfelt gratitude to my Solicitor Elliot and Obrien legal team for providing exceptional legal representation and winning my case within a remarkably short period of time. Elliot's dedication, legal expertise, and unwavering commitment were evident from the beginning. He swiftly and skillfully navigated through the complexities of my case, leaving no stone unturned. His strategic approach and attention to detail were truly impressive.

I am so glad someone took the time to recommend Peter O'Brien and his team to me. Very professional in the way they treated my legal matter while genuinely caring about getting me the best outcome possible and how I was affected by the proceedings. Well done Peter, Brian and the rest of the team.

I found all people that worked on my case with at O'Brien's very easy to deal with, they put in the extra effort to make me feel comfortable, I can only praise the firm and people involved with O'Brien's. Not only was the outcome fantastic, my appreciation for the help and kindness from O'Brien's is a credit to all.

We had wonderful representation from Wilson Tighe at O'Brien's, who was highly professional and empathetic and brought his attention and experience to our case during a time that was stressful for us. We very much appreciated his caring approach and attention to detail and would not hesitate to work with him again. His relationships with other stakeholders during our appeal hearing was also invaluable.

Looking for Drink Driving Lawyers in Sydney?

Getting charged with a drink driving offence in Sydney has serious consequences. However, our criminal lawyers have years of experience defending drink driving charges. We know the legal system inside out. Therefore, we are able to give you expert advice and guidance if you are charged with a drink driving offence.

Do I need drink driving lawyers in Sydney?

If police charge you with drink driving, you need a criminal defence lawyer. Without one, you could end up with serious penalties. For example, you might lose your driving licence.

We are currently offering a $2,200 flat fee for all drink driving claims, subject to the availability of our lawyers and at the discretion of our Principal Lawyer*.

Reasons people plead guilty of drink driving

There are a number of reasons as to why you might consider pleading guilty of drink driving. For example;

You are unaware of your legal rights including the possible defences you might be able to take,
You wish to have the matter over as quickly as possible,
The potential legal costs are too high.

However, before you plead not guilty, consider your possible defences. See more below.

How do you get a drink driving charge?

If you are driving under the influence of too much alcohol, an officer can tell by the following methods. Basically, an officer will test your blood alcohol content via a breathalyzer test. Alternatively, they might test your blood directly.

An officer will likely charge you with drink driving if your test is over 0.05%. The range of your blood alcohol content, known as the PCA level, is used by authorities to determine if you are above the legal limit. Furthermore, the outcome of this test will determine the seriousness of the charge you might face.

What are the different PCA ranges for a drink driving charge?

It is very important to know your required alcohol limits.

Learner or provisional driver (L or P platers) licence holder: PCA level of 0.0 (no alcohol).
Full licence (car or motorcycle) licence: PCA level under 0.05 (Very small quantity of alcohol).
Public passenger vehicle drivers (bus or taxi): PCA level under 0.02 (basically no alcohol).
Coach or heavy vehicle driver: PCA under 0.02 (basically no alcohol).
Dangerous goods driver: PCA under 0.02 (basically no alcohol).

Different ranges of being over the limit

However, for full licence, regular vehicle licence holders, there are three ranges of being over the legal limit. Whatever limit you fall under will dictate how severe your punishment will be.

LOW RANGE PCA: Blood alcohol is between 0.05 and 0.08.
MID-RANGE PCA: Blood alcohol is between 0.08 and 0.15.
HIGH-RANGE PCA: Blood alcohol is over 0.15.

Losing your licence and criminal record for drink driving in Sydney

Losing your licence is a serious consequence resulting from a drink driving charge. Not only can it affect your life, you might also lose your job if your employer requires you to have a driving licence. Furthermore, your children, spouse or partner might rely on you to be able to drive. Basically, losing your licence can have devastating consequences on your life.

Similarly, having a drink driving offence on your criminal record can have devastating impacts on your life. A drink driving charge in NSW can stay on your criminal record for 10 years. As a result, someone convicted of this charge could lose their job or always have to tell a new employer. Similarly, your insurance premium could be very expensive with a drink driving record.

I want to plead guilty to drink driving

If you are planning to plead guilty to a drink driving offence, the procedure is simple. However, if you think you might be eligible for a Section 10 dismissal/ leniency, you should seek professional legal help. Our criminal lawyers can help you with this.

Our drink driving solicitors can help you get a Section 10 non-conviction order. If successful, you will likely keep your licence.

I want to plead Not Guilty to drink driving

However, if you think your drink driving charge is wrong, you need a criminal lawyer to represent you. Our firm can defend you against all traffic offences. There are a number of possible defences for drink driving.

Defences for drink driving charges

If you police charged you with drink driving, our lawyers can help defend you. There are lots of defences for drink driving. For example,

Mistaken evidence: If the evidence against you isn’t bulletproof, you might have a defence. For instance, perhaps the PCA level reading was wrong. Additionally, you could be able to prove you only consumed a certain amount of alcohol that is below the legal limit.

Police officer acted wrongfully: Similarly, if you believe the officer acted outside of their duty, you might have a case. An officer must follow strict procedures when conducting these tests. Therefore, drink driving lawyers can help in this situation as we know exactly what the correct procedures are.

Two or more hours have passed: Furthermore, a police officer cannot breathalyze you if two or more hours have passed since you drove a vehicle. Sometimes there might be a delay at the scene causing an officer to do the test late. In this case, you might have a defence.

Home Safe Rule: Also, if you make it home before they give the test, this is also a defence. Legally, you should not be breathalyzed after you make it home. This is called the “Home Safe Rule.”