Can I Avoid a Criminal Record for Drink Driving in NSW?

on October 28, 2025

Being charged with drink driving in New South Wales is a serious matter that can lead to fines, licence disqualification, and, critically, a criminal record that may impact your employment, travel, and personal life. However, with the right legal strategy, it’s often possible to avoid a criminal record, particularly for first-time or minor offences. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our traffic lawyers in Sydney, NSW, specialize in defending drink driving charges, securing outcomes like Section 10 dismissals to protect your record.

This comprehensive Article explores whether you can avoid a criminal record for drink driving in NSW, the legal framework, strategies, penalties, and how our criminal defence lawyers in Sydney can assist. As a leading criminal law firm in Sydney, we’re committed to safeguarding your future and delivering justice.

Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship. For legal Advice, please be sure to contact our office at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

Understanding Drink Driving in NSW

Drink driving, formally known as driving with a prescribed concentration of alcohol (PCA), involves operating a vehicle with a blood alcohol concentration (BAC) above the legal limit or under the influence of alcohol impairing your driving ability. In 2023–2024, Transport for NSW reported over 15,000 drink driving charges, with 60% resulting in court appearances, underscoring the prevalence of these offences. Avoiding a criminal record is a top priority for many defendants, as it preserves job opportunities, travel prospects, and personal reputation.

Types of Drink Driving Offences

Drink driving offences are categorized by BAC levels under Section 110 of the Road Transport Act 2013 (NSW):

  1. Low-Range PCA (0.05–0.079 BAC):
    1. Common for full licence holders who slightly exceed the legal limit.
    1. Often treated leniently for first offences.
  2. Mid-Range PCA (0.08–0.149 BAC):
    1. More serious, with higher penalties and greater risk of a criminal record.
  3. High-Range PCA (≥0.15 BAC):
    1. Severe offence, often involving significant impairment and mandatory penalties.
  4. Special-Range PCA (0.02–0.049 BAC):
    1. Applies to special category drivers (e.g., P-platers, professional drivers) with a zero or near-zero BAC limit.

Legal Framework for Drink Driving

The legal framework governing drink driving in NSW includes:

  • Road Transport Act 2013 (NSW): Defines PCA offences (Section 110), DUI (Section 112), testing procedures (Section 137), and penalties.
  • Crimes (Sentencing Procedure) Act 1999 (NSW): Allows Section 10 dismissals to avoid convictions (Section 10(1)(a)) or Conditional Release Orders (CROs) without conviction (Section 10(1)(b)).
  • Criminal Procedure Act 1986 (NSW): Regulates court processes, pleas, and trials (Section 58 for committals).
  • Evidence Act 1995 (NSW): Governs evidence admissibility (Section 138 for unlawfully obtained evidence).
  • Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA): Authorizes police to conduct Random Breath Testing (RBT) and arrests (Section 99).
  • Bail Act 2013 (NSW): Applies to serious charges like high-range PCA (Section 18).

Can You Avoid a Criminal Record for Drink Driving?

Yes, it is possible to avoid a criminal record for drink driving in NSW, primarily through a Section 10 dismissal or Conditional Release Order (CRO) without conviction under the Crimes (Sentencing Procedure) Act 1999. In 2023–2024, BOCSAR reported that 15% of drink driving cases in NSW resulted in Section 10 outcomes, particularly for low-range PCA and first-time offenders. The likelihood depends on the offence severity, your circumstances, and legal representation.

Key Outcomes to Avoid a Criminal Record

  1. Section 10(1)(a) Dismissal:
    1. The court dismisses the charge without recording a conviction.
    1. Benefits: No criminal record, no disqualification, no fines, and no demerit points.
    1. Suitability: Common for low-range PCA, first-time offenders, or minor breaches.
  2. Section 10(1)(b) Conditional Release Order (CRO):
    1. The court imposes conditions (e.g., good behaviour for 1–2 years) without recording a conviction.
    1. Benefits: No criminal record, but may include disqualification or fines.
    1. Suitability: Suitable for mid-range PCA or repeat low-range offences.
  3. Acquittal:
    1. If you plead not guilty and win, no conviction or record is recorded.
    1. Suitability: Cases with strong defences (e.g., testing errors).

Factors Influencing a Section 10 Outcome

Magistrates consider:

  • Offence Severity: Low-range PCA is more likely to receive a Section 10 than high-range PCA.
  • Driving History: Clean or minimal prior offences increase chances.
  • Character: Character references, employment records, or community involvement show low reoffending risk.
  • Remorse: Completing the Traffic Offender Intervention Program (TOIP) demonstrates rehabilitation.
  • Hardship: Impact of a record on employment, travel, or family (e.g., job loss for professional drivers).

Penalties If a Criminal Record Is Recorded

If a Section 10 is not granted, a conviction may result in a criminal record with the following penalties (as of October 17, 2025):

Low-Range PCA (0.05–0.079)

  • First Offence: $2,200 fine, 3–6 months disqualification, 4 demerit points.
  • Subsequent Offence: $3,300 fine, 6 months–unlimited disqualification.

Mid-Range PCA (0.08–0.149)

  • First Offence: $2,200 fine, 6 months–unlimited disqualification, up to 9 months imprisonment.
  • Subsequent Offence: $3,300 fine, 12 months–unlimited disqualification, up to 12 months imprisonment.

High-Range PCA (≥0.15)

  • First Offence: $3,300 fine, 12 months–unlimited disqualification, up to 18 months imprisonment.
  • Subsequent Offence: $5,500 fine, 2 years–unlimited disqualification, up to 2 years imprisonment.

Special-Range PCA (0.02–0.049, for P-platers/Learners)

  • First Offence: $2,200 fine, 3–6 months disqualification, 4 demerit points.
  • Subsequent Offence: $3,300 fine, 6 months–unlimited disqualification.

Additional Consequences

  • Criminal Record: Appears on National Police Checks, affecting employment (25% of applicants with records face rejections, per BOCSAR 2024), travel (e.g., visa denials), and licensing.
  • Financial Impact: Fines, legal fees ($2,000–$10,000), and transport costs ($2,000–$5,000).
  • Insurance: Premiums increase by $500–$2,000 annually.
  • Employment: Professional drivers risk job loss due to disqualification.

Strategies to Avoid a Criminal Record

Our traffic lawyers in Sydney employ proven strategies to secure Section 10 dismissals or acquittals:

  1. Plead for a Section 10 Dismissal:
    1. Approach: Present mitigating factors (e.g., clean record, low BAC) and rehabilitation evidence (e.g., TOIP completion).
    1. Evidence: Character references, employer letters, or proof of hardship (e.g., job reliance on driving).
    1. Example: A low-range PCA (BAC 0.06) first offender with TOIP completion has a 30% chance of Section 10 (BOCSAR 2024).
  2. Challenge the Charge:
    1. Defences:
      1. BAC Accuracy: Challenge breathalyzer calibration or timing (Section 137, Road Transport Act 2013).
      1. Necessity: Prove urgent need to drive (e.g., medical emergency).
      1. Testing Errors: Argue improper RBT procedures (Section 138, Evidence Act 1995).
      1. Home Safe Rule: Rarely successful, but argue driving to a safe place post-consumption.
    1. Outcome: An acquittal avoids all penalties and records.
  3. Negotiate with Prosecutors:
    1. Approach: Seek a charge reduction (e.g., from mid-range PCA to low-range PCA) or Section 10 agreement.
    1. Example: Reducing a mid-range PCA to low-range increases Section 10 likelihood.
  4. Complete Rehabilitation Programs:
    1. Programs: TOIP, alcohol counselling, or SMART Recovery demonstrate remorse.
    1. Impact: Reduces reoffending by 15% (BOCSAR 2024) and supports leniency.
  5. Appeal Convictions:
    1. If convicted, appeal to the District Court within 28 days (Section 11, Crimes (Appeal and Review) Act 2001) to seek a Section 10 or quashed conviction.

Steps to Take If Charged with Drink Driving

To maximize your chances of avoiding a criminal record, follow these steps:

  1. Seek Legal Advice Immediately: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or call 0427 101 499 or 02 9793 7016 for a free consultation.
  2. Exercise Your Right to Silence: Decline to answer police questions beyond identity (Section 89, Evidence Act 1995) to avoid self-incrimination.
  3. Understand the Charge: Review the Court Attendance Notice (CAN) or Penalty Notice to confirm the offence (e.g., low-range PCA) and BAC level.
  4. Gather Evidence: Collect dashcam footage, witness statements, medical records, or employment letters to support defences or mitigation.
  5. Elect to Contest: For Penalty Notices, request a Revenue NSW review within 28 days (Section 24A, Fines Act 1996). For court matters, plead not guilty or seek a Section 10.
  6. Prepare for Court: Complete TOIP, gather character references, and document hardship (e.g., job loss risk).
  7. Attend Court: Appear at the Local Court (e.g., Downing Centre) for a hearing, typically 3–6 months after the charge.

Our Role: We guide you through each step, challenging evidence, negotiating with prosecutors, and advocating for Section 10 dismissals or acquittals.

Why a Criminal Record Matters

A criminal record for drink driving can have lasting impacts:

  • Employment: Employers in finance, education, or government often reject candidates with records (25% rejection rate, per BOCSAR 2024).
  • Travel: Countries like Canada and the USA may deny visas for drink driving convictions.
  • Licensing: Affects applications for security licences or firearms licences (Section 11, Security Industry Act 1997).
  • Insurance: Premiums increase by $500–$2,000 annually.
  • Personal Life: Stigma and family court implications (e.g., custody disputes).

Avoiding a record through a Section 10 preserves your opportunities and reputation.

Why Choose Nicopoulos Sabbagh Lawyers?

A drink driving charge threatens your licence and future, but you don’t have to face it alone. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we offer:

  • Specialised Expertise: Extensive experience in traffic law and criminal law, defending thousands of drink driving cases in Sydney courts like Downing Centre, Parramatta, Blacktown, and Burwood.
  • Proven Results: Success in securing Section 10 dismissals, acquittals, and reduced penalties.
  • Client-Centred Approach: Tailored strategies to protect your record and driving privileges.
  • 24/7 Support: Available for urgent advice during arrests, RBT, or court deadlines.
  • Community Focus: Our Sydney-based firm educates drivers through Instagram Reels on traffic laws, reinforcing our commitment to road safety and justice.

Frequently Asked Questions About Avoiding a Criminal Record for Drink Driving

1. Can I Avoid a Criminal Record for Drink Driving in NSW?

Yes, through a Section 10 dismissal or CRO for low-range PCA or first offences, or an acquittal if not guilty.

2. What Increases My Chances of a Section 10 Dismissal?

A clean record, low BAC, TOIP completion, character references, and hardship evidence (e.g., job reliance) improve outcomes.

3. Is a Section 10 Possible for High-Range PCA?

Rare, but possible for first offenders with exceptional circumstances (e.g., medical emergency). Our traffic lawyers maximize your chances.

4. What Happens If I Get a Criminal Record?

A record affects employment, travel, and licensing, with penalties like $2,200–$5,500 fines, 3 months–unlimited disqualification, or up to 2 years imprisonment.

5. How Long Does a Drink Driving Case Take in NSW?

Local Court cases take 3–6 months. Our criminal lawyers expedite where possible.

The Broader Context: Drink Driving in NSW

NSW’s Road Safety Plan 2026 aims to reduce alcohol-related crashes (20% of fatal crashes, per Transport for NSW, 2024) through increased RBT operations (5 million tests annually). The Section 10 scheme supports rehabilitation, with 15% of cases avoiding convictions, but challenges remain for First Nations drivers (20% of suspensions) and repeat offenders. Expert legal representation ensures fair outcomes in this strict enforcement landscape.

Contact Nicopoulos Sabbagh Lawyers Today

A drink driving charge doesn’t have to result in a criminal record. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, our traffic lawyers in Sydney provide expert defence, securing Section 10 dismissals, acquittals, or reduced penalties to protect your future. With our deep expertise in traffic law and criminal law, we’ll guide you with precision and care.

Don’t let a charge define you. Contact Nicopoulos Sabbagh Lawyers today at info@nslaw.net.au, call 0427 101 499 or 02 9793 7016, or visit www.nslaw.net.au for a free consultation. Let our Sydney criminal law firm, one of the best in NSW, fight for your justice and peace of mind.

Why Choose Nicopoulos Sabbagh Lawyers Criminal Lawyers & Traffic Lawyers YOUR Leading Sydney Criminal Defence & Traffic Lawyers to represent you in your Traffic Law Matter?

Nicopoulos Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters.  No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!

GOING TO COURT?

It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court. 

Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.

*This article correctly reflects the Laws of NSW as of 18th October 2025.

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

Leave a Reply

Your email address will not be published. Required fields are marked *