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ARTICLE · 09 DECEMBER 2020

Drink driving licence suspension in NSW – is it worth challenging?

NSW drivers with a low range alcohol reading of between .05 and .08 will now have their licence suspended automatically.

AustraliaTransport

Penalties for drink driving and drug driving were fortified considerably in 2019 in an effort to reduce the road toll. Amendments to the NSW Road Transport Act 2013 mean that drivers who are now detected with a low range alcohol reading of between .05 and .08 will have their licence suspended automatically.

How do police determine if you're over the legal limit?

In NSW there are two types of drink driving charges. First, the charge of driving under the influence of alcohol (DUI) can be applied by police after assessing the physical state and mannerisms of a driver. For example, the driver is driving erratically, or has slow reaction times, slurred speech or blurred vision.

The second charge is driving with a prescribed concentration of alcohol (PCA). This charge requires evidence from a breathalyser or blood sample. It is easier for police to prove that you have exceeded the legal limit.

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