Specialist Drink Driving Lawyers in Sydney & Nationwide
Your Freedom Deserves Our Expertise
Trusted & Recommended by Clients. Led by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Proven Track
Record
If you were caught drink driving over the legal limit, you need expert legal representation. Our victories representing drink driving offenders demonstrate our unwavering commitment to protecting our clients' rights.
For most drink driving cases, we offer a $2,200 flat fee. Book your free initial consultation online now
Expert Drink Driving Lawyers
Our experienced drink driving lawyers have in-depth knowledge of drink driving laws and traffic offences. Our drink lawyers work tirelessly to ensure the best possible outcome for you. So, before you consider lodging a guilty plea, speak to us.
Personalised
Approach
Our drink driving lawyers take the time to tailor a strategy to achieve the best possible outcome for all traffic offences. We have years of experience representing clients at various local magistrates courts.
Fixed Fees: Payment Options
Our traffic lawyers offer flexible legal fee payment plans to ensure you can access top-tier legal defence for your drink driving charge without financial strain. Book a free consultation with our criminal lawyers to get traffic fines advice, criminal defence, and information on fixed legal fees.
Types of Drink Driving Cases We Handle
LOW RANGE PCA
We provide robust defence strategies for clients charged with low range Prescribed Concentration of Alcohol (PCA), aiming to minimise penalties or achieve dismissals.
MID RANGE PCA
Our drink driving lawyers have extensive experience defending clients caught drunk driving whilst operating a motor vehicle, including mid range PCA. If you are facing a drink driving charge, or found guilty of a traffic offence, get in touch today.
HIGH RANGE PCA
We handle cases involving high range PCA, ensuring thorough and strategic defence to protect your driving privileges and freedom.
Meet Our Drink Driving Team
With over a decade of experience, our expert drink driving lawyers have made us one of Australia’s leading criminal defence firms. Led by firm founder and Principal Solicitor, Peter O’Brien, our team has defended clients in courts all over the country, including magistrates court and in the High Court of Australia.
If you’ve been found guilty and now face a subsequent drink driving offence, no matter how big or how small your case, we can help. We will always provide you with clear advice and a roadmap to get the best result possible in the most economical way.
Peter O'Brien
Principal Solicitor
Stewart O'Connell
Senior Solicitor
Sidnie Sarang
Criminal Solicitor
Wilson Tighe
Criminal Solicitor
Elliot Rowe
Criminal Solicitor
Bethany Burns
Criminal Solicitor
Timothy Rayner
Criminal Solicitor
Matthew Hudson
Practice Manager
Mark Barnaville
Paralegal
Jackson Phillips
Paralegal
Our team at O’Brien Criminal & Civil Solicitors are led by Law Society Accredited Specialists in Criminal Law and in Civil Law. To become an Accredited Specialist, a practitioner must undergo a structured assessment process. This process requires the individual to utilise their existing knowledge and skills to demonstrate their competency and expertise in their chosen area of law.
Drink Driving Charge: Case Process
1. Free Initial Consultation
If you are facing drink driving charges, contact O'Brien Criminal and Civil Solicitors for a free consultation. Our drink driving lawyers will assess your situation, explain your legal options, and discuss flexible payment options.
2. Investigating & Building Your Case
Your Case: Your expert drink driving lawyer will meticulously gather evidence and develop a strategic defence, which may involve negotiating with prosecutors or preparing for trial.
3. Communication & Updates
Your lawyer will keep you informed of your case's progress, explaining the legal process in clear terms. You'll collaborate with your lawyer to review documents and make key decisions on your drink driving case.
4. Pursuing a Resolution
Our lawyers will work tirelessly to achieve the best possible outcome – whether that involves negotiating a plea deal, getting charges dismissed, or representing you in court proceedings.
Remember: For drink driving charges, the law is complex. You should seek expert legal advice. Our experienced drink driving solicitors are here to guide you every step of the way and fight to protect your freedom.
What to Do if You've Been Charged with a Drink Driving Offence
Being found guilty of driving under the influence, or drug driving, can have serious consequences for your driving privileges, insurance rates, and personal freedom. Here’s what to do to protect your rights and build a strong defence:
- Stay Calm and Compliant
- Remain Polite: Be respectful and compliant with the police officer. Do not resist arrest or argue, as this can lead to additional drink driving offences or charges.
- Request Documentation: Politely request details of the drink driving offences, including the breath test results and any other evidence.
- Document Everything
- Record Details: Write down everything you remember about the incident as soon as possible, including the time, location, any conversations with the police, and whether you consumed alcohol before driving.
- Collect Evidence: Gather any evidence that may support your drink driving defence, such as photos of the scene, witness contact information, and any relevant receipts.
- Contact a Drink Driving Lawyer Immediately
- Seek Legal Advice: If you are caught drink driving, a specialist lawyer will assess your situation. We can advise you on your rights, and develop a strategy to protect your interests.
- Understand Charges: Your lawyer will explain the drink driving offences against you, potential penalties, and your options for defence.
- Bail Application: If you are taken into custody, your lawyer can assist with applying for bail to secure your release while awaiting trial for the drink driving offences.
- Avoid Discussing Your Case
- Do Not Talk About Your Case: Refrain from discussing the details of your case with anyone except your lawyer. This includes family, friends, and social media, as statements can be used against you.
- Social Media: Avoid posting anything related to your case on social media, as these posts can be monitored and used as evidence.
- Prepare for Court Date
- Legal Representation: Ensure you have a competent lawyer to represent you in court for any drink driving offences. Your lawyer will guide you through the legal process, prepare your defence, and advocate on your behalf.
- Court Appearance: Attend all scheduled court dates. Failure to appear can cause additional drink driving charges and a warrant for your arrest.
- Know Your Rights
- Right to a Fair Trial: You have the right to a fair trial, including the right to challenge evidence, call witnesses, and testify in your own defence.
- Right to Bail: You have the right to apply for bail, and your lawyer can help you present a strong case for your release.
- Act Quickly
- Timely Action: The sooner you contact a criminal lawyer, the better your chances of building a strong defence and protecting your rights for your drink driving charges.
- Evidence Preservation: Swift action helps secure evidence and witness statements that are crucial to your defence.
We are expert drink driving lawyers and drug driving solicitors. Call us for a free initial consultation with a traffic lawyer for advice on your drink driving matter.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
My family and I have been working with O'Brien Criminal and Civil Solicitors in regards to representing us for criminal defence in two cases. In both cases our solicitor, Wilson Tighe, was professional, transparent and provided us with professional advice throughout the procedures. I highly recommend their services to others.
Used O'Brien solicitors for both my criminal law case which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Easy to talk to and actually listened and took my opinion into consideration which is a first.
O'Brien Criminal and Civil Solicitors is hands down the most reliable, understanding and professional firm I have dealt with. Peter, Tim and Wilson have helped myself and my family through the roughest time and were able to provide us with an amazing outcome.
Peter O’Brien and Wilson Tighe absolute top solicitors. Handled my case really well, very professional 100% recommend. Easy to talk to, they listen, very understanding. Heaps knowledgeable and knows what they are doing.
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.
I’d like to thank O’Brien’s Solicitors for representing me over the past several years.They have gone above and beyond what I expected. I have recommended them to everyone.
O'Brien Criminal and Civil Solicitors helped my partner secure Legal Aid before the hearing. Thanks to Tim and Elliot Rowe they had his charges withdrawn at the hearing. Fantastic service, great representation.
I found myself facing the criminal justice system for the first (and hopefully only) time. Contacted O'Brien solicitors based on the number of positive reviews and was put through to Elliot. His patience with me was outstanding.
Elle and Peter were professional, prompt, compassionate, reliable, approachable and efficient in their assistance with our case. It was really nice to be able to talk to lawyers that make you feel like an equal in a conversation when they are clearly subject matter experts.
I recently had to engage the firm to represent me in a criminal matter. Elliot Rowe was assigned as my legal counsel. I highly commend Elliot for his consistently methodical and prudent handling of my case and his calm and patient demeanour.
FAQ’s on Drink Driving Lawyers
Penalties for drunk driving in Australia
Driving under the influence is a serious offence in Australia and the legal system is highly complex. The penalties vary depending on the state or territory and the level of blood alcohol concentration (BAC).
New South Wales
- Low range (0.05 to 0.079 BAC): $2,200 fine, 3 months disqualification, and 4 demerit points.
- Mid range (0.08 to 0.149 BAC): $3,300 fine, 6 months disqualification, and 5 demerit points.
- High range (0.15 BAC or higher): $3,300 fine, 12 months disqualification, and 6 demerit points.
Victoria
- Low range (0.05 to 0.069 BAC): $2,200 fine, 3 months disqualification, and 4 demerit points.
- Mid range (0.07 to 0.149 BAC): $3,300 fine, 6 months disqualification, and 5 demerit points.
- High range (0.15 BAC or higher): $3,300 fine, 12 months disqualification, and 6 demerit points.
Queensland
- Low range (0.05 to 0.099 BAC): $1,100 fine, 3 months disqualification, and 4 demerit points.
- Mid range (0.10 to 0.149 BAC): $2,200 fine, 6 months disqualification, and 5 demerit points.
- High range (0.15 BAC or higher): $3,300 fine, 12 months disqualification, and 6 demerit points.
South Australia
- Low range (0.05 to 0.079 BAC): $824 fine, 3 months disqualification, and 4 demerit points.
- Mid range (0.08 to 0.149 BAC): $1,100 fine, 6 months disqualification, and 5 demerit points.
- High range (0.15 BAC or higher): $1,100 fine, 12 months disqualification, and 6 demerit points.
Australian Capital Territory
- Low range (0.05 to 0.079 BAC): $1,100 fine, 3 months disqualification, and 4 demerit points.
- Mid range (0.08 to 0.149 BAC): $2,200 fine, 6 months disqualification, and 5 demerit points.
- High range (0.15 BAC or higher): $3,300 fine, 12 months disqualification, and 6 demerit points.
Northern Territory
- Low range (0.05 to 0.079 BAC): $1,100 fine, 3 months disqualification, and 4 demerit points.
- Mid range (0.08 to 0.149 BAC): $2,200 fine, 6 months disqualification, and 5 demerit points.
- High range (0.15 BAC or higher): $3,300 fine, 12 months disqualification, and 6 demerit points.
Western Australia
- Low range (0.05 to 0.079 BAC): $1,100 fine, 3 months disqualification, and 4 demerit points.
- Mid range (0.08 to 0.149 BAC): $2,200 fine, 6 months disqualification, and 5 demerit points.
- High range (0.15 BAC or higher): $3,300 fine, 12 months disqualification, and 6 demerit points.
Tasmania
- Low range (0.05 to 0.079 BAC): $1,100 fine, 3 months disqualification, and 4 demerit points.
- Mid range (0.08 to 0.149 BAC): $2,200 fine, 6 months disqualification, and 5 demerit points.
- High range (0.15 BAC or higher): $3,300 fine, 12 months disqualification, and 6 demerit points.
Even if it is your first drink driving offence, the penalties can be severe and can be subject to change. Penalties change on a regular basis and therefore are subject to change. It is always advisable to consult criminal defence solicitors for specific advice on drink driving issues, especially if you are charged with drink driving and are going to court.
Low range, mid Range, and high range drink driving in NSW
In New South Wales (NSW), drink driving over the legal legal limit is categorised into three ranges: low range, mid range, and high range, based on the blood alcohol concentration (BAC) of the driver. Each range carries different penalties, fines, and impacts on criminal records. You might end up going to court for drunk driving charges.
Low Range Drink Driving (0.05 to 0.079 BAC)
Low range driving under the influence is the least severe category, with a BAC between 0.05 and 0.079. Penalties for a first-time offender typically include a $644 fine and a three-month driver's licence suspension. No demerit points are applied, and the offence is not recorded as a criminal conviction. However, if you elect to take the matter to court, you may face a higher fine and demerit points.
Mid Range Drink Driving (0.08 to 0.149 BAC)
Mid range drink driving is more serious, with a BAC between 0.08 and 0.149. Penalties for a first-time offender include a fine of $2,200 and a minimum six-month driving licence disqualification. Demerit points are applied, and the offence is recorded as a criminal conviction. Maximum jail time is nine months. Additionally, mid range drink driving offenders are subject to an alcohol interlock order.
High Range Drink Driving (0.15 BAC or higher)
This level is the most severe category, with a BAC of 0.15 or higher. Penalties for a first-time offender include a fine of $3,300 and a minimum 12-month licence disqualification. Demerit points are applied, and the offence is recorded as a criminal conviction. Maximum jail time is 18 months. High range offenders are also subject to an alcohol interlock order.
Which courts typically handle drink driving cases and do I have to attend court?
In New South Wales (NSW), Victoria, and Queensland, a drink driving case is typically handled by the Local Court or Magistrates Court.
If charged with a drink driving offence, you will likely need to attend in a magistrates court unless you plead guilty and pay the fine without attending. To contest the charge or seek a more lenient penalty, attending the court hearing and presenting your case to a magistrate is necessary.
Can you refuse a breath test for drink driving?
In Australia, refusing a breath test for drink driving is considered a serious offence and can cause severe penalties. The rules and penalties for refusing a breath test vary slightly between states, but the general principle remains the same.
If you are stopped by the police and asked to provide a breath test for driving whilst intoxicated, it is crucial to do so. Refusing a test can lead to more severe consequences than if you had been found to be over the legal blood alcohol concentration limit.
However, it is always best to seek legal advice from criminal lawyers if you are charged with refusing a breath test.
- In New South Wales (NSW), if you refuse to provide a breath test, you can be charged with an offence that carries a maximum penalty of a fine of $3,300 and/or imprisonment for 18 months.
- Iin Victoria, refusing a breath test can cause a fine of up to $3,300 and/or imprisonment for 18 months.
- In Queensland, failing to provide a sample of breath is equivalent to a high-range drink driving offence, with a minimum disqualification period of 6 months and penalties up to and including a substantial fine or jail.
If you are stopped by the police and asked to provide a breath test for driving whilst intoxicated, it is crucial to do so. Refusing a test can lead to more severe consequences than if you had been found to be over the legal blood alcohol concentration limit.
However, it is always best to seek legal advice from criminal lawyers if you are charged with refusing a breath test.
Under what circumstances can breath test results be disputed?
The common reasons to dispute a breath test result include:
- Inaccurate or faulty breathalyser device: The breathalyser device used for the test may be faulty or inaccurate, which can lead to incorrect results.
- Improperly conducted test: The police officer may not have followed the proper procedure for conducting the breath test, which can affect the accuracy of the result.
- Medical conditions: Certain medical conditions, such as respiratory problems or mouth or throat injuries, can make it difficult or impossible to provide a sufficient breath sample.
- Police procedural errors: The police may have made errors in the testing process, such as not following the correct procedure or not providing adequate instructions.
- Blood test results: In some cases, a blood alcohol test may be taken to confirm the breath test result. If the blood alcohol test result is different from the breath test result, it can be used to dispute the breath test result.
- Chain of custody: The chain of custody of the breathalyser device and the testing process may be disputed if there are any irregularities or inconsistencies.
- Expert evidence: Expert evidence from a medical professional or a forensic expert may be used to challenge the breath and alcohol blood tests.
Can drink driving charges result in a criminal record?
Yes, being caught drink driving whilst operating a motor vehicle can result in a criminal record in Australia. This country has some of the strictest drink driving laws.
- In New South Wales (NSW), a drink driving conviction will appear on your criminal record and can lead to fines, imprisonment, and driver’s licence disqualification.
- Similarly, in Victoria, convictions will also appear on your criminal record and can cause fines, imprisonment, and licence disqualification.
- In Queensland, a convictions can lead to fines, imprisonment, and driver’s licence disqualification. While it may not appear on your criminal record, it will appear on your traffic history and can impact your employment and travel prospects.
It is essential to note that the severity of the penalties and fines increase along with the blood alcohol concentration (BAC) level. Additionally, under traffic alcohol law, repeat drunk driving offenders may face more severe penalties, including longer driver’s licence disqualifications and imprisonment. In some cases, a magistrate may exercise discretion and not record a conviction, but this is not guaranteed.
How can a drink driving lawyer help if charged with drink driving offences?
If you are charged with driving a motor vehicle whilst intoxicated in Australia, a qualified drunk driving lawyer can provide invaluable assistance. Firstly, they can help you understand the charges against you and the potential penalties you face. An experienced drink driving lawyer can also guide you through the legal process. Additionally, a drink driving lawyer can assess the evidence against you and identify any weaknesses or inconsistencies that can be used to your advantage.
An experienced lawyer can also help you negotiate with the prosecution to reduce the charges or penalties. In some cases, they may be able to have the charges dismissed or downgraded to a lesser offence using their in depth knowledge of drink driving law. If your case goes to court, a lawyer can represent you and present a strong defence to mitigate the penalties if found guilty of a traffic offence.
If you face a drink driving offence, it is essential to seek legal advice from an experienced lawyer as soon as possible for advice and court representation. Experienced traffic offence lawyers like O’Brien Criminal and Civil Solicitors can provide expert legal advice. For all drink driving matters, they can assist in negotiating with the prosecution, preparing for court, and presenting a strong defence.
Remember: For most drink driving cases, we offer a $2,200 flat fee. Book a free initial consultation now to understand your options.
