In NSW the legal blood alcohol concentration (BAC) limit for drivers is:

• 0.00% for novice drivers, including learner and provisional drivers (P1 and P2 licenses).
• 0.02% for drivers of heavy vehicles, buses, or taxis.
• 0.05% for standard drivers (those with a full, unrestricted license).

If a driver’s BAC exceeds these limits, they can face penalties such as fines, license suspension, and in severe cases, imprisonment.

The penalties for committing a crime in NSW vary dependent on the offence, the objective seriousness of the offence, whether the offender has prior convictions and the jurisdiction of the court.

Penalties can range from fines to imprisonment, and in some cases, alternative sanctions such as community service may be imposed.

Here is a breakdown of penalties in NSW:          

• Fines: A fine can be imposed depending on the crime, ranging from hundreds to thousands of dollars.
• Conditional Release Orders: Conditional Release Order to deal with first time and less serious offences where the offender is unlikely to present a risk to the community
• Community Corrections Orders: Courts can use the Community Correction Order to punish offenders for crimes that do not warrant imprisonment or an Intensive Corrections Order but are too serious to be dealt with by a fine or lower-level penalty.
• Intensive Corrections Order: are a custodial sentence of up two years that the court decides can be served in the community.
• Imprisonment: A custodial sentence is imposed which can include parole after serving a portion of their sentence.

Summary Offences (Less Severe Crimes)

• These are less serious crimes, often handled by local courts (the Local Court).
• Examples: Minor assaults, minor drug offences, offensive language, property damage offences and failing to quit a licenced premises.

Indictable Offences (Serious Crimes)

• These are more serious offences that are generally heard in higher courts (such as the District Court or Supreme Court).
• Examples: Murder, robbery, sexual assault, drug supply, serious violence.
• Penalties:
  
  • Murder: Life imprisonment or a set number of years (typically 25 years or more).
  • Sexual assault: Sentences can range from several years to 20 years or more depending on the severity.
  • Robbery with violence: Up to 14 years
  • Drug trafficking: Lengthy sentences, often 10+ years depending on the quantity and type of drug involved.

Traffic Offences

• Traffic crimes are also serious and can lead to penalties such as fines, license  suspension/disqualifications or imprisonment.
• Examples: Drink driving, drug driving, dangerous driving, driving without a license, or causing a fatal accident.

Drug Offences

• Drug-related crimes are treated seriously in NSW, with penalties based on the type and amount of drug involved.
• Examples: Possession, supply, trafficking, manufacturing illegal drugs.
• Penalties:
  
  • Possession of a small amount of illegal drugs: Fines or a Conditional Release Orders for first-time offenders. For repeat offenders or large quantities, the penalty can be imprisonment.
  • Drug trafficking or manufacturing: Significant prison sentences, ranging from 5 to 25 years depending on the scale of the operation and type of drug.

Corporate and White Collar Crimes

• Fraud, money laundering, tax evasion, and other corporate crimes are considered serious.
• Examples: Fraud, embezzlement, insider trading, money laundering.
• Penalties:
  • Fraud: Up to 10 years in prison, depending on the scale of the fraud.
  • Money Laundering: Can result in up to 20 years imprisonment.
     

Mitigating and Aggravating Factors

• Mitigating Factors: Factors such as the offender’s age, prior criminal record, remorse, and cooperation with authorities may reduce the severity of the penalty.
• Aggravating Factors: Previous convictions, the harm caused to victims, the level of premeditation, or a lack of remorse can lead to harsher penalties.

Overall, penalties in NSW are designed to send specific deterrence to the offenders and general deterrence to the wider community for any person considering committing an offence.

Serious offences, especially violent crimes and those involving drugs or property, tend to carry long prison sentences, while lesser offences may result in fines, community service, or short jail terms.

Contact Baybridge to obtain legal advice specific to your circumstances.

The Alcohol Interlock Program in NSW is a mandatory initiative aimed at reducing drink-driving incidents and enhancing road safety.

The court will require certain offenders to install an alcohol interlock device in their vehicles, preventing operation if alcohol is detected.

The program targets drivers convicted of serious drink-driving offences, such as:

• Mid-Range drink driving (Blood Alcohol Concentration of 0.08 or more) and;
  
• High-range drink-driving (Blood Alcohol Concentration of 0.15 or more).

The Alcohol Interlock Program also applies to those who are convicted of a second or subsequent drink driving charge and some Drug Driving offences.

Yes, in NSW, police can search you under certain circumstances, but they must follow strict legal guidelines. Here’s a breakdown of when and how police can search you:

1. When You Are Arrested
   
   • If you are under arrest, police have the right to search you, including your clothing and belongings, to ensure you are not carrying anything that could harm them, help you escape, or be used as evidence.
   • Purpose: The search is typically for weapons, drugs, stolen property, or other evidence of a crime.
2. When Police Have a Search Warrant
   
   • If the police have a search warrant, they can search you or your property, including your car, home, or other places under the terms of the warrant.
   • Warrant Conditions: The warrant must specify the location to be searched, the type of items they are searching for, and the reasons for the search.
   • Example: If police suspect you are carrying illegal drugs or stolen goods, they may obtain a warrant to search your home.
3. When Police Suspect You Are Carrying Items Related to a Crime (Reasonable Suspicion)
   
   • Police can search you without a warrant if they have reasonable grounds to believe you are carrying something related to a crime.
   • Reasonable Suspicion: For example, if police believe you are carrying drugs, weapons, or stolen goods based on your behaviour or other factors, they may search you and/or your car.
   • Example: If police stop you on the street and suspect you have illegal drugs, they can search your person and your belongings.
4. When You Are in a Public Place (Police Powers to Search for Drugs)
   
   • Police have specific powers to search you in public places for illegal drugs this includes places like streets, parks, or shopping centres.
   • Drug Dogs: Police can use drug detection dogs to conduct searches in certain areas such as pubs, clubs, and transport hubs (e.g., train stations). If the dog indicates that you may be carrying drugs, the police may search you.
5. Searches of Vehicles
   
   • Vehicles can also be searched by police without a warrant if they have reasonable suspicion that there are illegal items in the car, such as stolen goods, weapons, or drugs.
   • Consent: If you agree to the search, police can search your vehicle even without a warrant. However, you are not obligated to consent to a search, and police must have reasonable suspicion to proceed with a search if you refuse.
6. Search of Property (Possessions)
   
   • Police can search items you are carrying, such as a bag, backpack, or suitcase, if they suspect these items contain evidence of a crime or illegal items.
   • Example: If you are acting suspiciously and police suspect you might be carrying stolen property or drugs, they can search your bag or possessions without a warrant.
7. Strip Searches
   
   • Strip searches (searches where you are required to remove clothing to be searched) are more invasive and must be conducted under specific circumstances and in a manner that respects your dignity and privacy.
   • When can this happen? Police can conduct a strip search if they have reasonable grounds to believe you are concealing illegal items (e.g., drugs or weapons) that could not be discovered through a regular search.
   • Conditions for Strip Search:
     • You must be informed of the reason for the search.
     • The search should be done in a private space (e.g., a police station, not in a public place).
     • You must be given the option to have a support person present (unless there are exceptional circumstances).
   • Strip searches are subject to strict legal oversight, and police must justify the reason for conducting such a search.
8. Search of Minors
   
   • Minors (under 18 years) can be searched, but there are specific protections in place:
     • The search must be conducted in the presence of a parent or guardian (if possible).
     • If a strip search is necessary, police should ideally have a same-gender officer conduct the search.
     • Minors must be informed of their right to have a parent or guardian present before being searched.

In NSW, if you are under arrest, you do not have to speak to the police beyond providing certain basic information.

Here’s a breakdown of your rights when you’re arrested:

1. Right to Remain Silent
   
   • You do not have to answer questions that the police ask you beyond identifying yourself (such as providing your name, address, and date of birth).
   • Anything you say to police can potentially be used against you in court, so it’s generally advisable to remain silent about the alleged crime unless you want to provide a statement.
2. Caution and Your Rights
   
   • When you are arrested, the police are required to inform you of your rights through a caution. The caution typically sounds like this:
     • “You do not have to say anything. However, anything you say or do may be used as evidence.”
       After being arrested, the police may continue to ask you questions, but you are not obligated to answer them.
3. Right to Legal Representation
   You have the right to speak to a lawyer before being formally questioned by the police.
   Police must allow you to contact a lawyer or legal advice, and you should be given a reasonable amount of time to do so.
4. If You Choose to Speak
   If you choose to speak to the police, you can still stop at any time and ask for legal advice or remain silent.
5. What You Must Provide
   Basic Information: You must provide your name, address, and date of birth when asked by police. If you refuse to provide this information, the police may detain you for longer to establish your identity.
   Refusal to Identify: If you fail to provide your name and address, the police have the right to arrest you under certain circumstances, particularly if they believe you have committed a crime or if it is needed for identification purposes.
6. Can You be Forced to Answer Questions?
   
   • Police cannot force you to answer questions, except in certain situations (for example, related to terrorism-related offences, or if they suspect you are involved in a traffic accident). However, generally, you can remain silent without facing additional penalties for doing so.
7. Recording of Statements
   
   • If you do choose to make a statement to the police, they may record it. You have the right to ask for a copy of the statement or to review it before signing, particularly if you’re not fully aware of your legal rights or the potential consequences of your statements.
8. What Happens If You Don’t Answer Police Questions?
   
   • The burden of proof in a criminal case lay with the prosecution, meaning that they must prove their case beyond a reasonable doubt. Your silence cannot automatically be treated as guilt.
      

Summary:

• You have the right to remain silent when under arrest, except for providing basic identification details.
• You are entitled to legal advice before being questioned by the police.
• If arrested, anything you say can be used in evidence, so it’s generally advisable to remain silent and request a lawyer if you’re unsure.
• Police must inform you of your rights through a caution upon arrest.

If you’re ever in doubt about what to say to police or if you feel unsure of the situation, contact Baybridge to obtain legal advice specific to your circumstances.