Mid range drink driving laws have changed recently in NSW.
In 1980, 389 people lost their lives in alcohol-related motor vehicle crashes, representing some 30% of the road toll.
In the years following, various governments have brought in stringent drink driving laws, and later, drug driving laws, to impact upon the unnecessary deaths and carnage on the roads of this State.
In 2017 that road toll had reduced to 55 deaths and represented 14% of the road toll. However, there were 81 deaths last year of persons with illicit drugs in their system which represented 19% of the road toll for 2017.
In an effort to further reduce death on our roads, the NSW Government has recently amended the Drink Driving and Drug Driving laws.
The Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018 which was assented to on 5th October 2018, introduced a number of changes to Drink Driving and other offences.
Some of those changes commenced on 3rd December 2018 and the remainder are expected to commence on 20 May 2019. See separate article in respect of proposed changes to Low Range PCA
Members of the public should be very aware of these changes.
DRUG – Expanded Meaning
The definition of “drug” for the purposes of “drug driving” offences, has been expanded to include “any other substance that, when taken by an ordinary person, is reasonably likely to deprive the person of, or impair, his or her normal mental or physical faculties (whether temporarily or permanently.
Drug Driving or Driving with Illicit drug in oral fluid, blood or urine relates to specific drugs such as Cannabis, Methyl Amphetamine (speed or ice), MDMA – Ecstasy and Cocaine. There is no testing proposed for pharmaceutical drugs, however it is not uncommon for persons to be affected by such.
The expanded definition has more in mind those offences of DUI – driving under the influence (s.112 RTA), and when blood and urine are taken after a suspected fatal crash.
When new drugs enter the market, this expanded definition avoids having to have the new drug added by way of legislation or regulation, if the effects of such drug fits within this definition. This does not change the onus on the prosecution that the driver was under the influence of such drug.
The consumption of a prescription drug, doesn’t allow a person to drive whilst under the influence of such and never has, even under previous legislation.
Mid Range Drink Driving
Middle Range Drink Driving occurs where a person drives a motor vehicle, and which at the time of such driving is found to have a concentration of 0.080 gms or more, but less than 0.150 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.
Middle Range Drink Driving penalties have been increased to 20 penalty units ($2,200) for a first offence and 30 penalty units ($3,300) for a second or subsequent offence. More importantly, such offence now includes a Mandatory Interlock Order for first offenders.
These new provisions reduce the immediate driver disqualification period to a minimum period of 3 months (previously 6 months) with a maximum period of 6 months (previously 12 months automatic).
But, combined with this disqualification period, and after completion of such, the person must then apply for an interlock licence by having an interlock device installed in the motor vehicle.
This is for a period of 12 months, although a court if it thinks fit, can increase that period. If the interlock order is not complied with, then the disqualification runs for a total period of 5 years.
If the Middle Range Drink Driving offence is a second or subsequent offence, then you are liable to a minimum disqualification of 6 months and maximum period of 9 months. Further, the interlock period is extended to 24 months.
Exemptions
A court can make an exemption to a Mandatory Interlock Order in respect of a Middle Range Drink Driving offence, if it can be shown to the court that it will cause severe hardship to the offender and that it is more appropriate in all the circumstances to make an exemption order.
DUI Offences
It is important to note that conviction for an offence of Driving Under the Influence of intoxicating liquor or a drug (s.112 RTA) also carries with it a mandatory interlock order which for a first offence, carries a minimum disqualification of 6 months and maximum period of 9 months.
The mandatory interlock order is for 24 months in this case. In the case of a second or subsequent offence, the minimum disqualification period is 9 months with a maximum period of 12 months together with a 48 month mandatory interlock order.
Sanctionable Offences
A number of Traffic offences are termed “sanctionable offences”. These offences allow police in certain circumstances to seize motor vehicles, order a motor vehicle to be moved to a particular place, remove and confiscate the number plates of the vehicle and affix a number-plate confiscation order.
A second offence involving middle range drink driving and the existence of an alcohol-related major offence within a period of 5 years, constitutes the second offence as being a sanctionable offence.
This could result in the motor vehicle or number-plates being confiscated for a period of 3 – 6 months, with all costs being borne by the offending operator of the vehicle.
Proctor & Associates will provide you with the correct advice if you are charged with Drink Driving or Drug Driving. Call us today on (02) 9687 3777 and arrange an appointment with one of our experienced lawyers who will be glad to assist you.