HOW LONG DOES A DRINK DRIVING CHARGE STAY ON YOUR RECORD IN NSW?

on October 8, 2025

A drink driving charge in New South Wales (NSW) can have significant consequences, including fines, licence disqualification, imprisonment, and a criminal record that may impact employment, travel, and insurance premiums. For many drivers, one of the most pressing concerns is how long a drink driving charge remains on their record, as this affects future opportunities and legal obligations. Understanding the duration of a criminal record, as well as options to mitigate or remove it, is crucial for those facing such charges. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to defend clients against drink driving charges and minimise their impact in Sydney. As leading Sydney criminal lawyers and traffic law specialists, we are dedicated to achieving the best possible outcome in NSW courts, whether through securing non-conviction outcomes or navigating record management.

In this comprehensive guide, we explore how long a drink driving charge stays on your record in NSW, detailing the legal framework, criminal and traffic record durations, penalties, options for removal, and practical steps to take.

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.

Legal Framework for Drink Driving in NSW

Drink driving, formally known as driving with a prescribed concentration of alcohol (PCA), is governed by the Road Transport Act 2013 (NSW), specifically section 110, which prohibits driving with a blood alcohol concentration (BAC) above the legal limit. The offence is categorised as follows:

  • Novice Range: BAC > 0.00 for learner, provisional (P1/P2), or special category drivers (e.g., taxi, bus).
  • Special Range: BAC > 0.00 but ≤ 0.02 for specific drivers (e.g., heavy vehicle operators).
  • Low Range: BAC 0.05–0.079 for full licence holders.
  • Mid Range: BAC 0.08–0.149.
  • High Range: BAC ≥ 0.15.

Additionally, section 112 addresses driving under the influence (DUI) of alcohol without a specific BAC, based on observed impairment (e.g., erratic driving). Refusing a breath test carries penalties similar to high-range PCA. These offences are enforced through random breath testing (RBT), with increased testing under the Road Safety Plan 2021.

Drink driving convictions result in two types of records:

  1. Criminal Record: Managed under the Criminal Records Act 1991 (NSW), affecting background checks for employment or travel.
  2. Traffic Record: Maintained by Transport for NSW (TfNSW), impacting demerit points and licence status under section 33, Road Transport Act 2013.

A criminal record is only avoided if the court grants a section 10 dismissal or Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999, dismissing the charge without a conviction.

How Long Does a Drink Driving Charge Stay on Your Record?

The duration a drink driving charge remains on your record depends on whether it results in a conviction, the type of record, and your age.

Criminal Record Duration

Under the Criminal Records Act 1991, a criminal record for a drink driving conviction is governed by the “spent conviction” scheme:

  • Adults (18+): A conviction remains on your criminal record for 10 years from the date of conviction, provided you commit no further offences requiring a conviction during this period. After 10 years, the conviction is considered “spent” and generally does not appear on standard background checks (e.g., for employment), unless specific exemptions apply (e.g., jobs involving children, section 15).
  • Juveniles (Under 18): The conviction is spent after 3 years without further convictions, reflecting the shorter rehabilitation period for minors (section 10, Criminal Records Act 1991).
  • Section 10 Dismissal/CRO: If the court grants a section 10 dismissal (no conviction) or a CRO without a conviction, no criminal record is recorded, meaning there’s no entry to “spend.”

Exemptions: Spent convictions may still appear for certain roles (e.g., police, teaching, Working With Children Checks) or international travel (e.g., USA visa applications).

Traffic Record Duration

TfNSW maintains a traffic record separate from the criminal record, tracking demerit points and offences:

  • Demerit Points: Points for drink driving (e.g., 3 for low/novice-range PCA) remain active for 40 months from the offence date (section 33, Road Transport (Driver Licensing) Regulation 2017). Accumulating 13 points (unrestricted), 7 (P2), or 4 (P1/learner) triggers a suspension.
  • Offence Record: Drink driving offences stay on your TfNSW traffic record for licensing purposes. This record may be accessed by insurers or employers requiring driving history.
  • Section 10 Dismissal: If granted, no demerit points are recorded, and the offence may not appear on the traffic record, depending on court orders.

Example: A low-range PCA offender with 3 points has them active until 2028, but a section 10 dismissal avoids points entirely.

Impact of a Record

  • Employment: A criminal record can bar roles requiring background checks (e.g., government, security). A traffic record with points risks suspension, affecting professional drivers.
  • Travel: Countries like the USA or Canada may deny entry for drink driving convictions, even if spent.
  • Insurance: Convictions or points increase premiums or lead to policy denials.

Example: A driver’s 2025 high-range PCA conviction prevents a US visa application until 2035, unless spent earlier through good behaviour.

Penalties for Drink Driving in NSW

Penalties vary by BAC level and offence history, as of August 22, 2025 (one penalty unit = $110):

Low-Range PCA (BAC 0.05–0.079)

  • First Offence: $2,200 fine, 6-month disqualification (minimum 3 months), 3 demerit points.
  • Subsequent Offence: $3,300 fine, 12-month disqualification (minimum 6 months), 3 points.

Mid-Range PCA (BAC 0.08–0.149)

  • First Offence: $3,300 fine, 9 months imprisonment, 12-month disqualification (minimum 6 months), mandatory interlock (12–24 months, ~$2,200–$2,500/year).
  • Subsequent Offence: $5,500 fine, 12 months imprisonment, 3-year disqualification (minimum 12 months), interlock (24–48 months).

High-Range PCA (BAC ≥ 0.15)

  • First Offence: $3,300 fine, 18 months imprisonment, 3-year disqualification (minimum 12 months), interlock (24–48 months).
  • Subsequent Offence: $5,500 fine, 2 years imprisonment, 5-year disqualification (minimum 2 years), interlock (48–60 months).

Novice/Special Range PCA

  • First Offence: $2,200 fine, 6-month disqualification (minimum 3 months), 3 points.
  • Subsequent Offence: $3,300 fine, 12-month disqualification (minimum 6 months), 3 points.

DUI (Alcohol, No BAC)

  • First Offence: $3,300 fine, 18 months imprisonment, 3-year disqualification (minimum 12 months).
  • Subsequent Offence: $5,500 fine, 2 years imprisonment, 5-year disqualification (minimum 2 years).

Additional Consequences:

  • Immediate Suspension: Police may suspend your licence on the spot for high-range PCA or DUI (section 224).
  • Vehicle Impoundment: Seizure under section 239.
  • Civil Liability: Accidents caused by drink driving risk lawsuits (Civil Liability Act 2002).

Avoiding a Criminal Record: Section 10 Dismissal

A section 10 dismissal or CRO under the Crimes (Sentencing Procedure) Act 1999 allows the court to dismiss a drink driving charge without recording a conviction, avoiding a criminal record entirely. Courts consider:

  • Offence Severity: Low/novice-range PCA is more likely to qualify than mid/high-range.
  • Character: Clean or minimal criminal/traffic record.
  • Extenuating Circumstances: Emergency or misjudgment of alcohol intake.
  • Mitigation: Remorse, Traffic Offender Intervention Program (TOIP) completion ($150–$200), or hardship (e.g., job loss).

Process:

  • Plead guilty, present mitigation (e.g., TOIP certificate, references).
  • The court may grant a section 10(1)(a) dismissal (no conditions) or section 10(1)(b) CRO (good behaviour bond up to 2 years).

Challenges: High-range PCA, repeat offences, or accidents reduce section 10 chances due to public safety concerns (Road Safety Plan 2021).

Example: A first-time low-range PCA offender secures a section 10 dismissal with TOIP and references, avoiding a criminal record.

Removing or Spending a Conviction

If convicted, you can take steps to manage or shorten the record’s impact:

  1. Spent Conviction Scheme: Under section 8, Criminal Records Act 1991, convictions are automatically spent after 10 years (adults) or 3 years (juveniles) if no further convictions occur. Apply to the NSW Police Commissioner for confirmation if needed.
  2. Appeal Conviction: Challenge the conviction in the District Court within 28 days (Crimes (Appeal and Review) Act 2001), seeking a section 10 or dismissal.
  3. Correct Errors: If the record contains errors, request amendments via TfNSW (traffic record) or NSW Police (criminal record).

Defences to Drink Driving Charges

A Sydney criminal defence lawyer can raise defences to avoid a conviction:

  1. Unlawful Testing: Breath test conducted outside the 2-hour window (section 14) or without reasonable suspicion (section 36, LEPRA).
  2. Testing Errors: Faulty breathalyser or lab inaccuracies.
  3. Medical Conditions: False positives from conditions like diabetes.
  4. Necessity/Duress: Driving to avoid harm or under coercion.
  5. Mental Health Diversion: Treatment under section 14, Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
  6. Section 10 Dismissal: Non-conviction outcome for minor offences.

Example: A driver proves a breathalyser error, securing a charge dismissal and no record.

Steps to Manage a Drink Driving Charge

  1. Review the Charge: Check the Court Attendance Notice (CAN) for accuracy.
  2. Engage a Lawyer: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499.
  3. Gather Evidence: Collect references, TOIP certificates, and hardship proof (e.g., employer letters).
  4. Complete TOIP: Enrol before sentencing to show rehabilitation.
  5. Decide on Plea: Plead guilty for mitigation or not guilty to contest.
  6. Attend Court: Present your case in the Local Court (e.g., Parramatta, Liverpool).
  7. Appeal if Necessary: Challenge convictions in the District Court within 28 days.
  8. Monitor Records: Ensure convictions are spent after the crime-free period.

Example: A driver secures a section 10 dismissal for low-range PCA, avoiding a criminal record with TOIP evidence.

Court Process for Drink Driving Charges

Cases are handled as summary matters in the Local Court:

  1. Arrest or CAN: Police issue a CAN or arrest you (section 99, LEPRA).
  2. Bail Application: If arrested, a lawyer applies for bail (Bail Act 2013).
  3. Court Mention: Enter a plea. Guilty pleas proceed to sentencing; not guilty pleas schedule a hearing.
  4. Hearing or Sentencing:
    1. Not Guilty: The court reviews evidence (e.g., breath analysis).
    1. Guilty/Convicted: The magistrate considers section 10 or imposes penalties.
  5. Appeals: Challenge in the District Court within 28 days.

Note: The Downing Centre Local Court closure until late 2025 redirects cases.

Example: A driver pleads guilty to novice-range PCA, secures a section 10 with TOIP, avoiding a record.

How a Sydney Traffic Lawyer Helps

At Nicopoulos Sabbagh Lawyers, we:

  • Assess Defences: Evaluate testing errors or section 10 eligibility.
  • Gather Evidence: Compile TOIP certificates, references, and medical reports.
  • Secure Non-Convictions: Advocate for section 10 dismissals or CROs.
  • Navigate Courts: Manage cases amidst the Downing Centre closure.
  • Appeal Outcomes: Challenge convictions in the District Court.

Example: We secured a section 10 dismissal for a low-range PCA offender, avoiding a 10-year criminal record.

Why Choose Nicopoulos Sabbagh Lawyers?

We offer:

  • Specialised Expertise: In-depth knowledge of the Road Transport Act 2013 and Criminal Records Act 1991.
  • Proven Results: Securing dismissals and non-conviction outcomes.
  • Ethical Representation: Adhering to Legal Profession Uniform Law (NSW).
  • Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or www.nslaw.net.au.

Conclusion

A drink driving charge in NSW remains on your criminal record for 10 years (adults) or 3 years (juveniles) unless spent, and on your traffic record for 5 years or 40 months for points. Securing a section 10 dismissal can avoid a criminal record entirely, preserving your future opportunities. At Nicopoulos Sabbagh Lawyers, our Sydney criminal lawyers and traffic law specialists provide expert representation to minimise the impact of a drink driving charge. Contact us today at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for assistance.

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!

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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 25th 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.

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