Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Drunk driving is taken seriously across New South Wales, including Erina and the broader Central Coast region. If you are stopped by police and found to be driving with alcohol in your system above the legal limit, or you refuse to provide a required breath or blood sample, you can face criminal charges or traffic penalties. Police may conduct random breath testing on the roadside, and offenders can face fines, licence disqualification, mandatory programs such as an ignition interlock requirement in some cases, and in serious or repeat cases, imprisonment. Local courts on the Central Coast - for example Gosford Local Court - handle drink-driving matters.
Many people who are charged with drink-driving seek legal advice. Common reasons include:
- You have been charged with a PCA - prescribed concentration of alcohol - or driving while impaired by alcohol or drugs.
- You refused a breath or blood test and face a refusal charge.
- You were involved in an accident or there are allegations of injury or property damage.
- You face a licence suspension or immediate on-the-spot consequences that affect your work or family responsibilities.
- You are a commercial driver, heavy vehicle operator, or hold a professional licence that may be impacted.
- You believe the testing procedure was faulty, or there are medical or factual defences to challenge the evidence.
A lawyer can explain the charges and likely outcomes, identify procedural or evidentiary problems with the police case, negotiate with prosecutors, represent you at court, and advise about plea options, diversion programs, or mitigating steps to reduce penalties.
Key aspects of the law in New South Wales that apply to Erina include:
- Legal alcohol limit: Fully licensed drivers are subject to a general limit. Provisional and learner drivers are usually subject to a lower or zero tolerance limit. The police categorise alcohol offences by range - commonly referred to as low-range, mid-range, and high-range - depending on blood alcohol concentration.
- Random breath testing: Police regularly use roadside breath testing. A positive roadside breath test is often followed by an evidentiary test at a police station - either a breath analysis or a blood test.
- Refusal offences: Refusing to provide a breath or blood sample when lawfully required is itself an offence and carries serious penalties.
- Penalties: Penalties can include fines, licence disqualification, loss of driving privileges, community service, mandatory alcohol education or treatment, ignition interlock requirements for certain offences or repeat offenders, and imprisonment for high-range or aggravating circumstances.
- Immediate measures: In some circumstances police may impose immediate licence suspension or issue on-the-spot penalties. Court outcomes can impose longer disqualifications and additional orders.
- Commercial and professional drivers: Lower limits and stricter consequences usually apply to heavy vehicle drivers, commercial operators, and holders of certain professional licences.
Limits are set by New South Wales law. Fully licensed drivers are subject to a general limit, while provisional and learner drivers are usually subject to a lower or zero-tolerance limit. Police use breath and blood testing to determine compliance. Speak to a lawyer for current numerical limits and how they apply to your licence class.
A failed roadside breath test will generally lead to an evidentiary test at a police station. If the evidentiary test confirms an over-limit result, you may be arrested and charged. You may also face immediate licence consequences. It is important to get legal advice as soon as possible.
Yes. Refusing a lawfully requested breath or blood test is a separate offence and can attract significant penalties. A lawyer can assess whether the police had lawful grounds for the test and whether your rights were observed.
Jail is possible, but it depends on the level of the offence and the circumstances. High-range offences, repeat offences, or cases involving serious injury or death are more likely to attract imprisonment. First-time low-range offences are more commonly dealt with by fines, licence disqualification, or other non-custodial penalties, but outcomes vary.
A lawyer can review police procedures and evidence, such as the operation and calibration of breath-testing equipment, the timing between driving and testing, the conduct of police, and medical factors that may affect results. They can also negotiate pleas, seek diversion or treatment programs, and represent you in court.
Keep calm and collect what information you can - names of officers, incident details, and any witness contacts. Ask for the statutory notice or charge details. Do not make detailed admissions without legal advice. Contact a criminal or traffic lawyer, obtain copies of police records and testing certificates, and comply with any bail or court directions.
Convictions can lead to licence disqualification, which may affect your ability to work, especially if your job requires driving. Professional licences or employment with driving duties may face disciplinary or contractual consequences. Early legal advice can help identify options to manage these impacts.
Bail is usually available for most drink-driving arrests, subject to conditions. Police or a court may grant bail with conditions such as reporting or reporting to police. Where there are aggravating factors, bail may be more restricted. A lawyer can assist with bail applications or advise on conditions.
You can represent yourself in the Local Court, but drink-driving law and procedures can be complex. An experienced solicitor or barrister can better identify legal defences, negotiate with prosecutors, and present evidence effectively. For serious or multiple offences, legal representation is strongly recommended.
Depending on the charge and your circumstances, alternatives may include diversion programs, alcohol education courses, good-behaviour bonds, community service, or plea negotiations that reduce the seriousness of the charge. Eligibility and availability depend on the facts and local court practices.
Below are local and state resources that can help you understand the process and find assistance:
- Legal Aid New South Wales - provides information and legal assistance for those who meet eligibility criteria.
- LawAccess NSW - for legal information and referrals relevant to NSW law.
- Central Coast Community Legal Centre - local assistance for civil and some criminal law matters and referrals.
- NSW Police - conduct random breath testing and manage preliminary investigations of drink-driving incidents.
- Transport for NSW and Roads and Maritime Services - for information on licence consequences, disqualifications, and the ignition interlock program.
- Local Courts on the Central Coast - including Gosford Local Court - which hear drink-driving matters.
- NSW Health and local alcohol and drug services - for information on treatment, counselling, and rehabilitation.
- Alcoholics Anonymous and other community support groups - for long-term support and behaviour change programs.
If you are facing a drink-driving matter in Erina, consider these practical next steps:
- Seek legal advice promptly: Contact a lawyer experienced in traffic and criminal law on the Central Coast. Early advice helps preserve evidence and informs bail, plea and mitigation strategies.
- Gather documents and evidence: Request police incident reports, breath or blood analysis certificates, maintenance/calibration records for testing devices if available, witness details, and any dashcam or CCTV footage.
- Do not make admissions without advice: Be careful about what you say to police or others after the event. A lawyer can guide how statements may affect your case.
- Check eligibility for legal aid or community legal services: If you cannot afford private representation, explore Legal Aid NSW or local legal centres for assistance.
- Prepare for court: Keep records of employment impacts, family responsibilities, and any steps taken to address alcohol use - such documents can be relevant to mitigation.
- Consider treatment or education programs: Voluntary participation in alcohol counselling or education can demonstrate remediation and may be useful in mitigation.
If you need help finding a solicitor in Erina or the Central Coast area, contact local law practices that specialise in traffic and criminal law or seek a referral from Legal Aid NSW or community legal centres. Prompt and informed action gives you the best chance to protect your rights and manage legal and practical consequences.
