Sydney Office

Level 35
201 Elizabeth Street
Sydney NSW 2000

Melbourne Office

Level 4
99 William Street
Melbourne VIC 3000

Brisbane Office

Level 5
231 North Quay
Brisbane QLD 4000

Canberra Office

Level 5
1 Farrell Place
Canberra ACT 2601

Armstrong Legal Logo

Privacy Policy  |  Terms & Conditions

Copyright © 2017 Armstrong Legal. All rights reserved.

Browsing

Phone 1300 168 676

menu

Toggle Menu Menu

Heavy Vehicle Drink Driving

Print

Contact Armstrong Legal:
Sydney: (02) 9261 4555

Sarah Marinovic

Being charged with a drink driving or DUI offence can be a traumatic experience for most people. For truck drivers, a charge for a drink driving or DUI offence often means the loss of their livelihood.

This section of the site discusses the drink driving laws which apply specifically to truck drivers. For more information about drink driving generally, please visit the drink driving offences page of our website.

BAC limits applying to truck drivers

Drivers of heavy vehicles are subject to lower Blood Alcohol Concentration (BAC) limits that other drivers.

A BAC limit of 0.02 applies to drivers of the following vehicles:

  • a heavy motor vehicle (one which has a GVM or GCM exceeding 13.9 tonnes)
  • a coach
  • a public vehicle such as a taxi or bus
  • certain vehicles carrying dangerous goods or radioactive substances

Penalties for heavy vehicle drink driving

The maximum penalty that the Court can impose for a drink driving offence depends on:

  • your BAC reading; and
  • whether you have had another major traffic offence in the past 5 years.

The maximum penalties are: (Correct as at time of publication - 31/08/12)

Offence Maximum fine Maximum jail Automatic disqualification Minimum disqualification
First Offence
Special Range PCA
0.02 – 0.049
$1,100 Nil 6 months 3 months
Low Range PCA
0.05 – 0.079
$1,100 Nil 6 months 3 months
Mid Range PCA
0.08 – 0.149
$2,200 9 months 12 months 6 months
High Range PCA
0.150
$3,300 18 months 3 years 12 months
Drive under the influence (DUI)
$2,200 9 months 12 months 6 months
Refuse breath analysis
 
$3,300 18 months 3 years 12 months
Second Offence
Offence Maximum fine Maximum jail Automatic disqualification Minimum disqualification
Special Range PCA
0.02 – 0.049
$2,200 Nil 12 months 6 months
Low Range PCA
0.05 – 0.079
$2,200 Nil 12 months 6 months
Mid Range PCA
0.08 – 0.149
$3,300 12 months 3 years 12 months
High Range PCA
0.150
$5,500 2 years 5 years 2 years
Drive under the influence (DUI)
$3,300 12 months 3 years 12 months
Refuse breath analysis
 
$5,500 2 years 5 years 3 years

For further information on the penalties and likely sentences for PCA offences, please visit the drink driving section of our website.

Section 10

Regardless of how bad your traffic record is, the court has a discretion whether to record a conviction against you for the offence. If the court decides not to record a conviction, you will not be disqualified from driving. Section 10 of the Crimes (Sentencing Procedure) Act allows a court that finds a person guilty of an offence the discretion not to impose a conviction against them.



where to next?

In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.

Why Choose Armstrong Legal?

Law 9000 Legal Best Practice Accredited Specialists Criminal Law CorpINTL Hitwise Top 10 Website Sydney Business Awards Winner 2011