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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.
Drivers of heavy vehicles are subject to lower Blood Alcohol Concentration (BAC) limits than other drivers.
A BAC limit of 0.02 applies to drivers of the following vehicles:
The maximum penalty that the Court can impose for a drink driving offence depends on:
The maximum penalties are: (Correct as at time of publication - 28/02/18)
|Offence (First Offence)||Maximum Fine||Maximum Gaol||Automatic Disqualification||Minimum Disqualification|
|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|
|Presence of prescribed illicit drug in oral fluid/blood/urine||$1,100||Nil||6 months||3 months|
|Refuse breath analysis||$3,300||18 months||3 years||12 months|
|Offence (Second Offence)||Maximum Fine||Maximum Gaol||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|
|Presence of prescribed illicit drug in oral fluid/blood/urine||$2,200||Nil||12 months||6 months|
|Refuse breath analysis||$5,500||2 years||5 years||3 years|
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.
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.