Drink driving and drug driving now a combined offence in NSW: jail time, big fines, car seizure powers

NSW Police now have the power to issue bigger fines and get drugged and drunk drivers off the roads and before the courts, thanks to a new law that combines both driving offences which previously had to dealt with separately.

The new combined offence came into force in NSW on 28 June 2021. It has been named “Four Angels Law” in honour of the four children who were killed – while walking to get ice cream – after being struck by a speeding, drug-affected, drunk driver in western Sydney last year.

NSW Police said research shows drivers are 23 times more likely to be involved in a fatal crash if they are under the influence of both alcohol and illegal drugs.

Incredibly, police were previously not able to charge drivers for the combined offences.

According to data from NSW authorities, 98 people were killed on NSW roads from 2015 and 2019 “as a result of a driver or rider having illegal levels of alcohol and illicit drugs combined in their system”.

The new combined offence include instant licence disqualification periods. 

Police will also be able to impound vehicles and/or seize vehicle licence plates for up to three months for high range combined first offences, and for all second and subsequent offences.

“In NSW, police can confiscate number plates at the roadside or impound the vehicle if they detect a driver committing certain high-risk offences,” says a statement on the NSW Government website. “This includes ‘hoon’ offences, such as street racing, engaging in a police pursuit, or speeding by more than 45km/h over the limit.”

Such vehicle sanctions have applied to repeat, high-risk drink drivers since 2018, but from 28 June 2021 they also apply to combined drink and drugged drivers involved in high range or repeat offences.

High-range drink drivers in NSW found to also have illegal drugs in their system face a fine of $5500 and a minimum 18 months licence disqualification for a first offence. For the second and subsequent offence the fine and disqualification period double to $11,000 and three years. Offenders also risk a two-year jail term.

Mid-range drink drivers in NSW found to also have illegal drugs in their system face a fine of $3300 and a minimum 12 months licence disqualification for a first offence. For the second and subsequent offence the fine and disqualification period double to $6600 and two years. Offenders also risk an 18-month jail term.

Low-range drink drivers in NSW found to also have illegal drugs in their system face a fine of $5500 and a minimum 18 months licence disqualification for a second offence. Offenders also risk an 18-month jail term.

All of the above offences require drivers to have an alcohol interlock fitted to their vehicle once they are allowed back on the road after their suspension period.

The new law “targets those with the highest road safety risk and repeat offenders,” said NSW Police. 

The new combined offence is “designed to deter this high risk behaviour and send a clear message to drivers that they are putting themselves and others at significant risk when mixing alcohol and drugs with driving – and this behaviour will not be tolerated on NSW roads.”

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