Drink driving offences in New South Wales (NSW) remain a leading cause of road accidents, injuries, and fatalities, prompting the state government to enforce strict laws and penalties to promote safer roads. For many individuals convicted of drink driving, the loss of a driver’s licence can severely impact their ability to work, commute, and maintain family responsibilities. A common question is whether you can obtain a work licence or special licence to continue driving for employment purposes during a disqualification period. Understanding the options available under NSW law is essential for navigating these charges and minimising disruptions to your life. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, offering expert legal representation to defend clients against drink driving charges and explore alternatives to licence disqualification. As leading Sydney criminal lawyers and traffic law specialists, we are dedicated to protecting your rights and achieving the best possible outcome in NSW courts.
In this comprehensive article, we explore drink driving and work licences in NSW, including whether you can get a special licence, the legal framework, penalties, defences, and how a lawyer can help avoid or reduce disqualification.
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.
The Legal Framework for Drink Driving and Licence Disqualification in NSW
Drink driving offences in NSW are governed by the Road Transport Act 2013, which sets prescribed concentration of alcohol (PCA) limits for different driver categories and imposes mandatory disqualification periods for convictions. Under section 205, courts must disqualify a driver’s licence upon conviction for PCA offences, with minimum and automatic periods based on the BAC level and whether it’s a first or subsequent offence within five years. As of August 20, 2025, the Act includes updates from the Road Safety Plan 2021, emphasising mandatory interlock programs and stricter enforcement for repeat offenders.
Work licences, also known as restricted or conditional licences, allow disqualified drivers in some jurisdictions to drive for specific purposes like work. However, NSW does not offer a formal work licence system for drink driving convictions. This means that once disqualified, you cannot apply for a special licence to drive for employment or other essential purposes. Instead, the focus is on avoiding disqualification through non-conviction outcomes or appealing suspensions before they take effect.
Why No Work Licences in NSW?
Unlike states like Queensland or Victoria, where work licences are available for certain drink driving offences, NSW prioritises deterrence and road safety by enforcing full disqualification periods. The government believes partial licences undermine the penalty’s effectiveness. However, alternatives like section 10 dismissals under the Crimes (Sentencing Procedure) Act 1999 can prevent disqualification altogether, or appeals can reduce suspension periods under section 267 of the Road Transport Act 2013.
PCA Categories and Disqualification Periods
PCA offences are categorised by BAC levels:
- Low-Range (0.05–0.079): Automatic 6 months disqualification (minimum 3 months) for first offence.
- Mid-Range (0.08–0.149): Automatic 12 months (minimum 6 months) for first offence.
- High-Range (0.15 or above): Automatic 3 years (minimum 12 months) for first offence.
- DUI (Impairment without BAC): Automatic 3 years (minimum 12 months) for first offence (section 112).
For special categories (e.g., bus/truck drivers), any BAC above 0.00 results in similar disqualification periods.
Without work licences, drivers must serve the full disqualification or appeal for reductions.
Can You Get a Special Licence for Work in NSW?
The short answer is no – NSW does not provide special or work licences for drink driving convictions. Once a court imposes a disqualification under section 205, you are prohibited from driving for any purpose, including work, during the disqualification period. This policy is rooted in the state’s zero-tolerance approach to impaired driving, as partial licences could encourage risky behaviour.
However, there are alternatives to avoid or reduce disqualification:
- Section 10 Dismissal or CRO: If a court grants a section 10(1)(a) dismissal or Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999, no conviction is recorded, and disqualification is avoided. This is possible for first-time or low-range offenders with strong mitigating factors, such as completing the Traffic Offender Intervention Program (TOIP).
- Appeal Police or TfNSW Suspensions: For immediate police suspensions (section 224) or demerit point suspensions (section 33), you can appeal to the Local Court within 28 days (section 267 or section 266), arguing hardship or procedural errors.
- Interlock Exemption Applications: For mandatory interlock disqualifications, you can apply for an exemption if the device is impractical (e.g., medical reasons), but this doesn’t allow driving for work – it simply removes the interlock requirement.
- Hardship Appeals: While no work licence exists, demonstrating extreme hardship in appeals can lead to reduced disqualification periods.
Example: A first-time low-range PCA offender might secure a section 10 dismissal through a Sydney traffic lawyer, avoiding disqualification and keeping their work commute intact.
If you’re a professional driver (e.g., truck or bus), a conviction can lead to licence cancellation, requiring reapplication after the disqualification period.
Penalties for Drink Driving in NSW
Drink driving penalties escalate with BAC levels and offence history, as per section 110. As of August 20, 2025, penalties include:
- Low-Range PCA (0.05–0.079):
- First: Up to $2,200 fine, 6 months disqualification (min. 3 months).
- Subsequent: Up to $3,300 fine, 9 months imprisonment, 12 months disqualification (min. 1 month with interlock).
- Mid-Range PCA (0.08–0.149):
- First: Up to $2,200 fine, 9 months imprisonment, 12 months disqualification (min. 6 months or 3 months with interlock).
- Subsequent: Up to $3,300 fine, 12 months imprisonment, 3 years disqualification (min. 12 months or 6 months with interlock).
- High-Range PCA (0.15 or above):
- First: Up to $3,300 fine, 18 months imprisonment, 3 years disqualification (min. 12 months or 6 months with interlock).
- Subsequent: Up to $5,500 fine, 2 years imprisonment, 5 years disqualification (min. 2 years or 9 months with interlock).
- DUI (Impairment without BAC):
- First: Up to $3,300 fine, 18 months imprisonment, 3 years disqualification (min. 12 months).
- Subsequent: Up to $5,500 fine, 2 years imprisonment, 5 years disqualification (min. 2 years).
Interlock programs cost $2,200–$2,500 annually and require a device that prevents the vehicle from starting if alcohol is detected (section 211).
Additional Consequences
- Criminal Record: Impacts employment and travel.
- Demerit Points: 3–5 points, potentially leading to suspension.
- Insurance: Increased premiums.
- Driver Knowledge Test: Required for repeat offenders.
Defences to Drink Driving Charges
A Sydney criminal defence lawyer can raise defences like:
- Unlawful testing (section 36, LEPRA).
- Testing errors or two-hour rule violations (section 14, Road Transport Act 2013).
- Medical conditions causing false positives.
- Necessity (e.g., emergency driving).
- Mental health diversions (section 14, Mental Health and Cognitive Impairment Forensic Provisions Act 2020).
These can lead to dismissals or reduced charges.
How a Sydney Criminal Lawyer Helps Secure Alternatives to Disqualification
While no work licence exists, a lawyer can:
- Secure Non-Conviction Outcomes: Argue for section 10 dismissals or CROs to avoid disqualification.
- Appeal Suspensions: Challenge police (section 267) or TfNSW (section 266) suspensions within 28 days.
- Present Mitigating Factors: Highlight remorse or TOIP completion.
- Apply for Interlock Exemptions: For medical or practical reasons.
- Appeal Convictions: File appeals in the District Court within 28 days (Crimes (Appeal and Review) Act 2001).
At Nicopoulos Sabbagh Lawyers, we secure section 10 dismissals for clients, preserving licences and records.
The Court Process for Drink Driving Charges
- Arrest/CAN: Immediate suspension for high-range.
- Bail: Lawyer applies for bail (Bail Act 2013).
- Court Mention: Enter plea in Local Court.
- Hearing/Sentencing: Defend or sentence.
- Appeals: Appeal to District Court.
Steps to Take if Facing Drink Driving Charges
- Engage a lawyer immediately.
- Exercise right to silence.
- Gather evidence (e.g., medical records).
- Complete TOIP.
- Prepare for court.
- Appeal if convicted.
Why Choose Nicopoulos Sabbagh Lawyers?
We offer specialised expertise, proven results, ethical representation, and accessible support.
Conclusion
While NSW does not offer work or special licences for drink driving convictions, alternatives like section 10 dismissals or appeals can avoid or reduce disqualification. Drink driving penalties are severe, but a Sydney traffic lawyer can defend your case. At Nicopoulos Sabbagh Lawyers, we fight to protect your licence and future. Contact us today at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for expert assistance.
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*This article correctly reflects the Laws of NSW as of 20th August 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