Drink driving remains a significant concern in New South Wales (NSW), contributing to countless road accidents and fatalities each year. The NSW government enforces strict penalties to deter this dangerous behaviour, ensuring safer roads for all. If you’re facing a drink driving charge, understanding the updated penalties for 2025 is crucial to navigating the legal consequences and protecting your future. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, offering expert representation to defend clients against drink driving charges across Sydney. As leading Sydney criminal lawyers and traffic law specialists, we are dedicated to securing the best outcomes, whether it’s reducing penalties or avoiding a conviction altogether.
This comprehensive article details the drink driving penalties in NSW for 2025, including updated fines, driver licence disqualification periods, imprisonment, and mandatory interlock programs. We also explore defences and how a lawyer can help.
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 in NSW
Drink driving offences in NSW are governed by the Road Transport Act 2013, specifically section 110, which outlines offences based on the prescribed concentration of alcohol (PCA) in a driver’s blood or breath, measured as grams of alcohol per 100 millilitres of blood (BAC). Offences are categorised into novice-range, special-range, low-range, mid-range, and high-range PCA, each with distinct penalties based on the driver’s BAC level and whether it’s a first or subsequent offence within five years. Additional offences, such as driving under the influence (DUI) of alcohol (section 112) or refusing a breath test (section 15, Road Transport Act 2013), carry their own penalties.
NSW Police enforce these laws through random breath testing (RBT), using breathalysers to detect alcohol levels. A positive roadside test leads to a more accurate breath analysis or blood test at a police station, typically within two hours of driving (section 14). As of August 20, 2025, penalties have been updated to reflect inflation adjustments to penalty units and stricter enforcement measures introduced under the Road Safety Plan 2021, including mandatory interlock programs and increased RBT operations.
Why Penalties Are Severe
Drink driving penalties are stringent due to the significant risk to public safety. In 2022, 21% of Australian road fatalities involved drivers with an illegal BAC, highlighting the need for deterrence. Penalties escalate with BAC levels and repeat offences to protect the community and discourage recidivism.
Drink Driving Offence Categories and BAC Limits
Penalties vary by BAC level and driver category, reflecting the severity of impairment and responsibility. Below are the key PCA offence categories and their respective BAC limits:
- Novice-Range PCA: BAC above 0.00 but below 0.02 for learner or provisional (P1, P2) drivers. Applies to drivers under 25 or those with less than three years of driving experience.
- Special-Range PCA: BAC above 0.00 but below 0.02 for special category drivers, including bus, taxi, rideshare, or heavy vehicle drivers (over 4.5 tonnes GVM).
- Low-Range PCA: BAC of 0.05 to 0.079 for full licence holders.
- Mid-Range PCA: BAC of 0.08 to 0.149 for any driver.
- High-Range PCA: BAC of 0.15 or above for any driver.
- Driving Under the Influence (DUI): Driving while impaired by alcohol, regardless of BAC, based on police observations (section 112).
- Refusing a Breath Test: Failing to provide a breath sample when requested (section 15).
Each category carries specific penalties, which we detail below based on the latest 2025 updates.
Updated Drink Driving Penalties in NSW 2025
Penalties for drink driving in NSW depend on the PCA range, whether it’s a first or subsequent offence (within five years), and the driver’s licence type. As of August 20, 2025, one penalty unit equals $110 in NSW, though this may adjust with inflation. Below are the updated penalties, including fines, licence disqualification, imprisonment, and interlock requirements, based on section 110 and section 205 of the Road Transport Act 2013 and related regulations.
1. Novice-Range PCA (BAC 0.00–0.019)
Applies to: Learner and provisional (P1, P2) drivers with a zero BAC limit.
- First Offence:
- Fine: Up to $2,200 (20 penalty units).
- Disqualification: Automatic 6 months, reducible to 3 months.
- Imprisonment: Not typically imposed.
- On-the-Spot Penalty: Police may issue a $561 fine and 3-month suspension without court for first offences (section 110(1)).
- Subsequent Offence (within 5 years):
- Fine: Up to $3,300 (30 penalty units).
- Disqualification: Automatic 12 months, reducible to 6 months, plus 12-month interlock order.
- Imprisonment: Rare, but possible up to 9 months.
2. Special-Range PCA (BAC 0.00–0.019)
Applies to: Bus, taxi, rideshare, heavy vehicle, or dangerous goods vehicle drivers with a zero or under 0.02 BAC limit.
- First Offence:
- Fine: Up to $2,200 (20 penalty units).
- Disqualification: Automatic 6 months, reducible to 3 months.
- Imprisonment: Not typically imposed.
- On-the-Spot Penalty: $561 fine and 3-month suspension for first offences.
- Subsequent Offence:
- Fine: Up to $3,300 (30 penalty units).
- Disqualification: Automatic 12 months, reducible to 6 months, plus 12-month interlock order.
- Imprisonment: Up to 9 months possible.
3. Low-Range PCA (BAC 0.05–0.079)
Applies to: Full licence holders.
- First Offence:
- Fine: Up to $2,200 (20 penalty units).
- Disqualification: Automatic 6 months, reducible to 3 months.
- Imprisonment: Not typically imposed.
- On-the-Spot Penalty: $561 fine and 3-month suspension for first offences since May 2019.
- Subsequent Offence:
- Fine: Up to $3,300 (30 penalty units).
- Disqualification: Automatic 12 months, reducible to 1 month with a 12-month interlock order.
- Imprisonment: Up to 9 months.
4. Mid-Range PCA (BAC 0.08–0.149)
Applies to: All drivers; requires court appearance.
- First Offence:
- Fine: Up to $2,200 (20 penalty units).
- Disqualification: Automatic 12 months, reducible to 6 months, or 3–6 months with a 12-month interlock order.
- Imprisonment: Up to 9 months.
- Subsequent Offence:
- Fine: Up to $3,300 (30 penalty units).
- Disqualification: Automatic 3 years, reducible to 12 months, or 6–12 months with a 24-month interlock order.
- Imprisonment: Up to 12 months.
5. High-Range PCA (BAC 0.15 or above)
Applies to: All drivers; carries immediate licence suspension and mandatory court appearance.
- First Offence:
- Fine: Up to $3,300 (30 penalty units).
- Disqualification: Automatic 3 years, reducible to 12 months, or 6–9 months with a 24-month interlock order.
- Imprisonment: Up to 18 months.
- Subsequent Offence:
- Fine: Up to $5,500 (50 penalty units).
- Disqualification: Automatic 5 years, reducible to 2 years, or 9–12 months with a 48-month interlock order.
- Imprisonment: Up to 2 years.
6. Driving Under the Influence (DUI) of Alcohol
Applies to: Drivers impaired by alcohol, regardless of BAC, based on police observations (section 112).
- First Offence:
- Fine: Up to $3,300.
- Disqualification: Automatic 3 years, reducible to 12 months, or 6–9 months with a 24-month interlock order.
- Imprisonment: Up to 18 months.
- Subsequent Offence:
- Fine: Up to $5,500.
- Disqualification: Automatic 5 years, reducible to 2 years, or 9–12 months with a 48-month interlock order.
- Imprisonment: Up to 2 years.
7. Refusing a Breath Test
Applies to: Failing to provide a breath sample (section 15).
- First Offence:
- Fine: Up to $3,300.
- Disqualification: Automatic 3 years, reducible to 12 months.
- Imprisonment: Up to 18 months.
- Subsequent Offence:
- Fine: Up to $5,500.
- Disqualification: Automatic 5 years, reducible to 2 years.
- Imprisonment: Up to 2 years.
Additional Penalties and Requirements
- Mandatory Interlock Program: Required for high-range PCA, mid-range PCA (subsequent offences), and certain DUI/refusal offences (section 211, Road Transport Act 2013). Drivers must install an interlock device costing $2,200–$2,500 annually, which prevents the vehicle from starting if alcohol is detected. Refusal results in a 5-year disqualification.
- Driver Knowledge Test: Drivers with two drink driving offences within five years must pass this test to regain their licence.
- Demerit Points: 3–5 points for low-range, escalating for higher ranges, potentially leading to suspension.
- Criminal Record: Convictions remain on your record for 10 years (3 years for juveniles) unless spent under the Criminal Records Act 1991.
- Insurance and Employment: Convictions increase insurance premiums and may impact jobs requiring clean records (e.g., transport or security).
Additional Consequences of Drink Driving Convictions
Beyond fines and disqualification, drink driving convictions have far-reaching impacts:
- Employment: A criminal record can hinder careers, especially in law enforcement, education, or transport.
- Travel: Countries like the USA and Canada may deny entry for traffic-related convictions.
- Reputation: Convictions can strain personal and professional relationships.
- Financial Costs: Interlock devices, legal fees, and increased insurance premiums add up.
- Licence Restrictions: Repeat offenders face extended zero BAC requirements.
Defences to Drink Driving Charges
A Sydney criminal defence lawyer can raise several defences to challenge drink driving charges:
- Unlawful Testing: Police lacked reasonable grounds for the test (section 36, Law Enforcement (Powers and Responsibilities) Act 2002).
- Testing Errors: Breathalyser malfunction or improper calibration.
- Two-Hour Rule: Breath analysis conducted more than two hours after driving (section 14, Road Transport Act 2013).
- Honest and Reasonable Mistake: The driver believed they were under the limit.
- Medical Conditions: Conditions like diabetes causing false positives.
- Necessity: Driving to avoid immediate harm (e.g., medical emergency).
- Mental Health Diversion: Treatment under section 14, Mental Health and Cognitive Impairment Forensic Provisions Act 2020 for mental health-related cases.
A lawyer can also negotiate for a section 10(1)(a) dismissal or Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999, avoiding a conviction.
How a Sydney Criminal Lawyer Fights a Drink Driving Charge
At Nicopoulos Sabbagh Lawyers, we employ tailored strategies to defend drink driving charges:
- Challenging Evidence: Scrutinising breath test accuracy or police procedures.
- Raising Defences: Arguing unlawful testing, medical conditions, or necessity.
- Negotiating Plea Deals: Reducing high-range to mid-range PCA or securing charge withdrawals with NSW Police Prosecutors or the Office of the Director of Public Prosecutions (ODPP).
- Securing Favourable Outcomes: Advocating for section 10 dismissals or CROs to avoid a criminal record.
- Presenting Mitigating Factors: Highlighting remorse, clean record, or completion of the Traffic Offenders Intervention Program (TOIP).
- Appealing Convictions: Filing appeals in the District Court within 28 days under the Crimes (Appeal and Review) Act 2001 if the sentence is harsh or new evidence emerges.
The Court Process for a Drink Driving Charge
The court process typically involves:
- Investigation: Police conduct RBT and breath analysis.
- Arrest or Court Attendance Notice (CAN): Immediate suspension for high-range PCA or CAN for court.
- Bail Application: A lawyer applies for bail under the Bail Act 2013.
- Court Mention: Enter a plea (guilty or not guilty) in the Local Court (e.g., Parramatta, Liverpool).
- Hearing or Sentencing: Defend at a hearing or proceed to sentencing.
- Possible Outcomes: Non-conviction orders, fines, disqualification, or imprisonment.
- Appeals: Appeal to the District Court if needed.
Steps to Take When Facing a Drink Driving Charge
- Engage a Sydney Traffic Lawyer Immediately: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation.
- Exercise Your Right to Silence: Avoid statements to police without legal advice (section 89, Evidence Act 1995).
- Gather Evidence: Collect medical records or witness statements to support defences.
- Complete TOIP: Enrol in the Traffic Offenders Intervention Program to show reform.
- Prepare for Court: Work with your lawyer to build a defence or negotiate a plea.
- Appeal if Necessary: Appeal convictions or apply for spent convictions.
Why Choose Nicopoulos Sabbagh Lawyers?
At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we offer:
- Specialised Expertise: Deep knowledge of the Road Transport Act 2013 and Crimes (Sentencing Procedure) Act 1999.
- Proven Results: Securing section 10 dismissals, reduced disqualifications, and charge withdrawals across Sydney courts.
- Court Navigation: Expertise in handling cases amidst disruptions, such as the Downing Centre Local Court closure until late 2025.
- Ethical Representation: Adhering to the Legal Profession Uniform Law (NSW) and Solicitors’ Conduct Rules.
- Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.
Conclusion
Drink driving penalties in NSW for 2025 are severe, with fines up to $5,500, disqualifications up to 5 years, and imprisonment up to 2 years, depending on the offence. The Road Transport Act 2013 enforces strict BAC limits, and mandatory interlock programs add financial burdens. A Sydney traffic lawyer can challenge charges, secure non-conviction outcomes, or reduce penalties. At Nicopoulos Sabbagh Lawyers, we fight to protect your licence, record, 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 representation.
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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