The definition of intoxication plays a significant role in criminal, driving, and civil liability cases in New South Wales (NSW). Understanding what qualifies as “intoxicated” under the law defines the boundaries of personal responsibility and accountability in criminal charges and compensation claims. Here’s a closer look at how NSW defines intoxication, how it’s assessed, and what it means in different legal contexts.

Legal Definition of Intoxication in NSW

Section 5 of the Liquor Act 2007 defines a person being intoxicated if their physical and mental abilities—such as speech, balance, co-ordination or behaviour—are impaired. Additionally, it must be reasonably believed this impairment is due to the consumption of liquor. Section 428A of the Crimes Act 1900 expands on intoxication to be “because of the influence of alcohol, a drug or any other substance.”

Key Factors in Determining Intoxication

NSW law considers several factors when determining intoxication, including:

• Level of Impairment: This is often gauged by looking at how the individual’s behaviour differs from what’s considered normal. For instance, if someone is unable to walk steadily, slurs their words, or has delayed reactions, these may be signs of intoxication.
• Blood Alcohol Concentration (BAC): For alcohol-related cases, the Blood Alcohol Concentration (BAC) test is often used. A BAC of 0.05% or higher is considered illegal for full licence holders in NSW when driving. For provisional (P-plate) drivers and learners (L-plate drivers), a BAC above zero is illegal. Police use breathalysers and blood tests to determine intoxication levels in drivers.
• Witness Testimonies and Observations: In cases where drugs or other substances are involved, witnesses’ observations and police reports may be used to assess intoxication. Physical signs, such as dilated pupils, erratic behaviour, and unusual speech patterns, can indicate the influence of drugs or other intoxicants.

Intoxication in Different Legal Contexts

The concept of intoxication affects several areas of NSW law, each with specific standards and implications:

1. Criminal Offences

In criminal cases, intoxication can play a role in assessing intent. However, being intoxicated is not generally a defence for committing a crime in NSW. For instance, if someone commits an assault while intoxicated, they are still responsible for their actions. The court may consider intoxication when determining the level of intent or planning, particularly if the accused voluntarily consumed alcohol or drugs. This is known as “self-induced intoxication.”

2. Driving Offences

NSW has strict laws regarding intoxication while driving. For fully licensed drivers, the legal BAC limit is 0.05%, while provisional and learner drivers must maintain a BAC of zero. Police can conduct random breath tests across NSW. If a driver exceeds the legal limit, they face severe penalties, which can include fines, licence disqualification, and even imprisonment.

3. Civil Liability and Compensation

Intoxication can impact personal injury claims and compensation cases. For example, if someone is injured while intoxicated, they may be partially or fully responsible for their injuries. NSW law applies a concept known as “contributory negligence,” where compensation may be reduced if the injured person’s intoxicated state contributed to the accident or injury.

Consequences of Being Legally Intoxicated

Being found legally intoxicated in NSW can lead to a variety of consequences, depending on the situation:

1. Criminal Charges: Intoxication can lead to charges such as assault, property damage, or disorderly conduct. Even if the person is not aware of their actions due to intoxication, they may still face prosecution.
2. Licence Suspension and Fines: For driving offences, exceeding the BAC limit or testing positive for drugs can lead to immediate licence suspension, hefty fines, and possible imprisonment.
3. Reduced Compensation: If a person is injured while intoxicated, their compensation for personal injury claims may be reduced if their intoxication contributed to the incident.

When facing legal issues related to intoxication, it is always better to get advice from a qualified solicitor. At Nash Allen Williams & Wotton, our solicitors specialising in Criminal & Traffic Law can help you understand specific laws relating to intoxication and offer guidance specific to your case.