Driving laws have been updated in the last year (2019), as part of the NSW roads Road Safety Plan 2021. This most specifically targets drink driving offences, which can be incredibly serious.
The updated drink driving laws aim to reduce the number of high-risk driving offences and encourage safe driving behaviour across the state.
Penalties for Refusing a Test
It is also important to know that it is an offence if you refuse to take a test. There are a number of penalties depending on the range offence, which can include loss of licence, spot fines, a requirement to install an interlock device, and even prison terms. These penalties are part of an overall regime designed to increase accountability and reduce reoffending.
Immediate Penalties for Drink and Drug Driving
If you are caught drink driving or drug driving, there will be swift and certain penalties that you will have to deal with. As of 20 May 2019, if you are caught drink driving over the legal limit with a high alcohol concentration in your blood, even if it is your first time, you may lose your licence. The idea is that drink driving does not have a place on New South Wales roads or anywhere. For this reason, there is a very serious no tolerance policy that is now being enforced.
Low Range Offences and Licence Suspension
There is a streamlined process for this drivers who commit first time low range drink driving offences, which can include low, special and novice offences and may even end up in an individual having to lose their licence. A court attendance notice is not always required. Some cases may be managed by issuing an infringement notice depending on the circumstances.
A driver caught committing these offences for the first time will end up getting their licence suspended for three months, along with a fine of $572. The penalty applies whether the driver is on a full licence or provisional licence, and reflects the seriousness of even low range drink driving behaviour.
Mid-Range Offences and Interlock Devices
Mid-range offenders will have to deal with interlock devices. These devices are electronic breath testing systems that are connected to your vehicle and will prevent the starting of the car if any alcohol is detected. In most cases, the interlock device must be fitted and active before you are permitted to drive again.
Offences that end up needing a mandatory interlock also include a period of participation in the interlock program, of which the minimum is 12 months, as well as a licence disqualification period. The length of this disqualification period depends on the type of offence, with longer periods applying for more serious offences. The Road Transport Act outlines specific provisions depending on whether this is a first or repeat offence, and whether a conviction has occurred.
High-Risk Drivers and Vehicle Sanctions
High-risk drivers will have more vehicle sanctions, including the impounding of a driver’s vehicle. This is designed to improve the safety of NSW roads by removing high-risk drivers so that they are not able to commit any other similar offences. Repeat offending may also result in a criminal record and further loss of driving privileges. These changes apply to all drivers, including learner drivers.
Driver Distraction and Other Offences
Of course, drink and drug driving are not the only offences that are being treated more harshly with the new 2019 laws. Driver distraction is another incredibly important offence that officers are cracking down on. This involves distraction from radio or other audio devices, as well as phones and mobile technology. Texting or calling while driving is being cracked down on more, and the penalties and fines for driving while distracted have greatly increased in severity over the last year. Fines for driver distraction can be higher in certain zones, such as school zones or strike zones, as have been frequently popping up due to climate strike road closures. This also applies to drivers issued an infringement notice under those conditions.
Purpose of the Law Reforms
As noted, these tougher penalties are part of the Road Safety Plan 2021 to get drink drivers, drug drivers, and distracted drivers off the road. The goal of the plan is to help encourage more safe driving and discourage those offences that can cause issues with or a loss of road safety. New legislation is continually being reviewed and updated to better respond to community expectations and reduce injury and fatality rates.
Penalties and Legal Processes
Penalties upwards of double the current fine or completely taking away a driver’s vehicle are designed to create a safer road environment for everyone, from learner drivers to even the most experienced drivers. A first offence can still result in a licence suspension, depending on the offence and the discretion of police. A court may also impose a more serious sanction depending on the driver’s history, BAC level and any other reasonable factors related to the incident.
Police will be more strict when it comes to blood alcohol levels and drink driving offences. Those caught drink driving, drug driving or distracted driving will have a number of penalties that they will have to navigate in order to get back on the road. The program is an important part of the continued safety of all drivers and will help improve the safety of everyone on the road. These provisions are contained within the Road Transport legislation and are intended to apply across New South Wales.
