Drink Driving FAQs
What is a Section 10? A Section 10 is a special discretionary power that the Magistrate hearing your matter can exercise. That power is to dismiss the drink driving charges that have been laid against you. A magistrate may also attach a condition to a Section 10, such as a bond or a fine. Things you need to know about a Section 10.
What is Low Range PCA? A Low Range PCA is when you are charged with having an alcohol level between 0.05 and 0.079. *Go to Low Range PCA page:
What is Mid Range PCA? A Mid Range PCA is when you are charged with having an alcohol level between 0.08 and 0.149. *Go to Mid Range PCA page:
What is High Range PCA? A High Range PCA is when you are charged with having an alcohol level of 0.149 or over. Go to High Range PCA page:
Alcohol Interlock Program - What is it? If you are convicted of a drink driving offence, you can ask the Court to participate in this program. the Interlock an electronic device, which is wired to the ignition and prevents a vehicle from staring unless the driver passes a breath test. The Alcohol Interlock Program is designed to allow convicted drink drivers to continue to legally drive after serving a short period of disqualification. The exact period of disqualification will vary depending on the offence charged. [...]
Not Happy with your Drink Driving Sentence? It is understandable you may not be satisfied with a Magistrates decision with respect to your drink driving matter. If this is the case, you have the right to appeal to the District Court. There are some key things you need to be aware of. Is There a Time Limit to File an Appeal? Absolutely. For drink driving matters, you have 28 days from the date of the decision (or sentence) to lodge an appeal in the District [...]
Do I have to go to Court? Absolutely! All drink driving matters are serious matters which require your attendance to Court for a formal plea and then sentencing.
Refuse breath test / Fail to provide sufficient sample for breath test In NSW, you are guilty of refusing a breath analysis offence if: a. You refuse to provide a sample to the Police at a roadside test. b. You failed to provide a sample to the Police at a roadside test. c. You were the driver of a motor vehicle on a public road, you had undergone a roadside breath test which returned a positive reading and when required to submit to [...]
Repeat Offender What is a Repeat Offender? A repeat offender with respect to a driving offence, is a person whom is convicted for a second or subsequent major offence within a period of 5 years from their last offence. What is a Major Offence? A major offence, for the purposes of traffic matters, is defined in the Road Transport Act 2013 NSW. Amongst other major offences, a prior major offence includes a previous conviction of: 1. Drink driving offence; 2. Drug driving offence; 3. Refusal [...]
Things you did not know about a section 10 Section 10's are famous and popular. It is the outcome most of our client's are seeking when they contact us for assistance. Most people have heard of a Section 10. And if they haven't, they quickly learn about them when they are charged by the police. Unfortunately, due to its popularity, and the rumours about the possible meaning of a Section 10, it is the most confused area of law in the community. To [...]