Drink and Drug Driving

Drink and Drug Driving (combined offence)

The charge for drink and drug driving is set out in Section 49(1) (bc) of the Road Safety Act 1986. If you are found guilty or plead guilty to a drink and drug driving offence, the penalties are significant. The penalties can also vary considerably depending on whether you have a prior history of similar offending. If you plead guilty (or are found guilty by a Court) for a drink and drug driving offence, mandatory licence loss provisions apply.

Drink and Drug Driving Penalties

The licence loss provisions can be found in Schedule 1AB of the Road Safety Act 1986. The minimum disqualification periods are significantly higher than for the offence of drink driving (without drugs) and much more significant than for drug driving (without alcohol). It’s important to note that you can go to jail for a second or subsequent offence of drink and drug driving. The maximum jail terms vary according to one’s history of prior offending and the alleged concentration of alcohol for the particular offence. The maximum jail terms can range between 6-18 months.

The minimum licence loss will depend on whether you have offended against Section 49(1) of the Road Safety Act in the past 10 years. The 10-year rule operates from the date that the previous offence was dealt with by the Court, to the date that the current offence took place.

Specific Offences

The law relating to drink and drug driving is very technical and can be tricky to navigate. For this reason, the right advice can save you a lot of time and worry. In my experience, most people discover that, once they have some information and knowledge about the process and the appropriate next steps, they feel less anxious and much better equipped to make an informed decision about their various options.

The most common offences charged under Section 49 (1) of the Road Safety Act 1986 are as follows:

Drink driving
Driving under the influence of alcohol
Failing to stop at a Preliminary breath testing station
Drug driving
Driving while impaired by a drug
Drink and drug driving
Refusing to undergo a preliminary breath test
Refusing to undergo a preliminary oral fluid test

It is important that your case is carefully prepared so as to minimise the potential impact on you and your livelihood. It is best to get advice early in order to maximise your chances of a positive outcome.

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