Combined Offence of Drink and Drug Driving (NSW)

In New South Wales, it is an offence to drive with a Blood Alcohol Concentration (BAC) reading above the legal limit, as well as driving with an illicit substance present in system, pursuant to section 111A of the Road Transport Act 2013 (NSW). The maximum penalties, in addition to the below disqualification and interlock penalties, are as follows:

Mid-Range Drink Driving with Illicit Substance Present System (First Offence)

A fine of $3,300 and/or 18 months imprisonment.

High-Range Drink Driving with Illicit Substance Present System (First Offence)

A fine of $5,500 and/or 2 years imprisonment.

Low-Range, Novice or Special Range Drink Driving with Illicit Substance Present System (Second or Subsequent Offence)

A fine of $5,500 and/or 18 months imprisonment.

Mid-Range Drink Driving with Illicit Substance Present System (Second or Subsequent Offence)

A fine of $6,600 and/or 2 years imprisonment.

High-Range Drink Driving with Illicit Substance Present System (Second or Subsequent Offence)

A fine of $11,000 and/or 2 years imprisonment.

Mandatory Interlock Orders for a Combined Offence of Drink and Drug Driving (NSW)

When a person is convicted of a mandatory interlock offence, an alcohol interlock order is automatically imposed unless an exception applies. The interlock order disqualifies the person from driving for a period of time and requires them to then obtain an interlock licence. An interlock device is then installed in their vehicle preventing it from starting if there is alcohol present in the driver’s system.

Unless a person qualifies for an Interlock Exemption Order, a Mandatory Interlock Order will be automatically imposed when they are convicted of this offence. If they are not convicted of the offence, the order will not be made.

If a person is convicted of the offence, they can apply for an exemption from a Mandatory Interlock Order. This should be ideally prepared prior to Court as the application should be dealt with at the same time the sentence is received.

In order for a person to obtain an exemption, they need to satisfy the Court of one of the grounds under section 212 of the Road Transport Act 2013. These are:

That they do not have access to a vehicle in which to install an interlock device; or
That they have a diagnosed medical condition that prevents them from providing sufficient breath sample and installing the device is not reasonably practical; or
If the offence involves a Mid-Range PCA reading only and the matter is the person’s first offence, where an interlock order would cause severe hardship and it is more appropriate in all circumstances not to make an interlock order.

If an exemption order is made, the disqualification periods are much longer than if you are participating in the Interlock Scheme. The information below only applies when you are participating in the Interlock Scheme.

Disqualification and Interlock Periods for a First Offence

Mid-Range Drink Driving with Illicit Substance Present System

Minimum Licence Disqualification Period: 3 months.

Maximum Licence Disqualification Period: 6 months.

Interlock Period: 12 months.

High-Range Drink Driving with Illicit Substance Present System

Minimum Licence Disqualification Period: 6 months.

Maximum Licence Disqualification Period: 9 months.

Interlock Period: 2 years.

Disqualification and Interlock Periods for a Second or Subsequent Offence

Low-Range, Novice or Special Range Drink Driving with Illicit Substance Present System

Minimum Licence Disqualification Period: 1 month.

Maximum Licence Disqualification Period: 3 months.

Interlock Period: 12 months.

Mid-Range Drink Driving with Illicit Substance Present System

Minimum Licence Disqualification Period: 6 months.

Maximum Licence Disqualification Period: 9 months.

Interlock Period: 2 years.

High-Range Drink Driving with Illicit Substance Present System

Minimum Licence Disqualification Period: 9 months.

Maximum Licence Disqualification Period: 12 months.

Interlock Period: 4 years.

What is a Combined Offence of Drink and Drug Driving (NSW)?

It is an offence that occurs when a driver of a motor vehicle is caught driving with a prescribed concentration of alcohol in their breath or blood which exceeds the legal limit, in conjunction with an illicit drug present in their oral fluid, blood or urine.

The following acts might constitute a Combined Offence of Drink and Drug Driving:

Being caught driving a motorbike after you have had 6 standard shots of alcohol and after you took MDMA.
Being caught driving a car after you had 10 beers and used cocaine.

What must be proven?

For a person to be found guilty of a Combined Offence of Drink and Drug Driving in NSW, the Prosecution must prove each of the following matters beyond a reasonable doubt:

That you were driving a vehicle; and
That you returned a positive reading to driving under the influence of alcohol; and
That you also returned a positive reading to driving with an illicit substance present in your system.

If the Prosecution do not prove every single one of the above elements, you will be found not guilty.

Which Court Will Hear the Matter?

This offence is a summary offence and will be finalised in the Local Court.

Possible Defences for a Combined Offence of Drink and Drug Driving (NSW)

The following defences may be available for a Combined Offence of Drink and Drug Driving charge:

Procedural Irregularities (e.g. the Police failed to follow legal procedures such as not conducting the relevant tests within the required timeframe).
Duress

Common Questions about a Combined Offence of Drink and Drug Driving (NSW)

Will I receive a criminal conviction?

A conviction and criminal record for this offence is likely.

A Court can impose any of the following penalties for a Combined Offence of Drink and Drug Driving in NSW charge:

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for this offence might jeopardise your job and personal relationships. Moreover, a conviction for an offence of this nature can completely rule out certain career paths such as teaching, driving jobs and a range of government employment options.

Will I go to Gaol for a Combined Drink and Driving charge?

There is a possibility you may receive a gaol sentence depending on the specifics of the charge. It is important that you get expert advice to assist you, if you are facing this charge.

Is it Possible to Avoid a Criminal Conviction for a Combined Drink and Drug Driving Offence in NSW?

It is a possibility that you may avoid a criminal conviction for this offence, however, the circumstances of that happening are limited. If the Court is convinced that it is appropriate to deal with your matter by way of a Non-Conviction, you will receive a Section 10(1)(a) or with a Conditional Release Order without conviction under Section 9(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW).

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.