As of May 20, tougher penalties apply for drink driving in NSW, including immediate licence suspension for any drink driving offence and on-the-spot fines.
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The change is part of a number of reforms in the Road Safety Plan 2021 to reduce alcohol and drug related trauma on NSW roads.
Police have the option of issuing drivers who commit a low-range, special-range or novice-range offence for the 'first time' with a penalty notice.
A penalty notice can only be issued if, in the previous five years, the offender has not been convicted of a drink or drug driving or an equivalent offence, and the offender has not been issued a penalty notice for an alcohol or drug related driving offence.
In the case of a first time, low range offence, a driver's licence may be suspended for a period of three months, coupled with an on-the-spot fine of $561.
If you receive an immediate licence suspension, you are required to hand your licence to police, and are not permitted to drive. You may need to make alternative arrangements to get home from the roadside or police station.
If you have received a penalty notice and immediate suspension for a drink driving offence, you can elect to have the matter determined in court and appeal your suspension.
Higher penalties and longer periods of licence disqualification can be applied by the court and a conviction may be recorded. If you lodge an appeal against an immediate licence suspension, you are not permitted to drive until you go to court and are successful in your appeal.
Prior to the reforms, all drivers charged with drink driving on NSW roads were required to attend court to have their penalty determined. Drivers who were charged with a low range offence did not lose their licence immediately, and were able to continue to drive until their court date.
Significant penalties apply for driving while your licence is suspended.
Second and subsequent offences must be dealt with by a court and carry not only higher possible fines but longer periods of licence disqualification and involve alcohol interlock orders if the repeat offence is alcohol related.