LOW RANGE DRINK DRIVING IN NSW: Penalties, Defences, and Appeals

on October 13, 2025

Low-range drink driving or driving with a prescribed concentration of alcohol (PCA) in New South Wales (NSW), is a serious traffic offence that can lead to fines, licence disqualification, demerit points, and a criminal record, impacting your employment, travel, and insurance premiums. Defined as driving with a blood alcohol concentration (BAC) between 0.05 and 0.079, low-range PCA is the least severe drink driving category but still carries significant consequences. However, with the right legal strategy, you may avoid harsh penalties through defences, non-conviction outcomes like a section 10 dismissal, or appeals. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to defend clients against low-range drink driving charges in Sydney. As leading Sydney criminal lawyers and traffic law specialists, we are committed to securing the best possible outcome in NSW courts.

In this comprehensive guide, we explore low-range drink driving in NSW, detailing the legal framework, penalties, defences, appeal options, court processes, and practical steps to take if charged.

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 Low-Range Drink Driving in NSW

Low-range drink driving is governed by section 110 of the Road Transport Act 2013 (NSW), which prohibits driving with a BAC of 0.05 to 0.079 for full licence holders. This is a strict liability offence, meaning the prosecution only needs to prove you were driving with a BAC above the legal limit, not that you were impaired. Enforcement is stringent under the Road Safety Plan 2021, with NSW Police conducting over 5 million random breath tests (RBT) annually, supported by mobile testing units and automated number plate recognition (ANPR) cameras.

To secure a conviction, the prosecution must prove beyond a reasonable doubt:

  1. You were driving or attempting to drive a vehicle on a road or road-related area.
  2. Your BAC was between 0.05 and 0.079, confirmed by a breath or blood analysis within two hours.
  3. The test was conducted lawfully. (RBT provisions).

Low-range PCA is typically prosecuted as a summary offence in the Local Court (e.g., the Downing Centre Local Court , Parramatta, Liverpool, Campbelltown, Bankstown Local Court). Unlike mid- or high-range PCA, low-range offences do not require mandatory alcohol interlock programs, making them more likely to qualify for non-conviction outcomes like a section 10 dismissal under the Crimes (Sentencing Procedure) Act 1999.

Example: A full licence holder with a BAC of 0.06 is stopped at an RBT, charged with low-range PCA, and faces a fine and disqualification unless a defence or section 10 is secured.

Penalties for Low-Range Drink Driving in NSW

Penalties for low-range PCA are outlined under section 110 of the Road Transport Act 2013 and vary based on whether it’s a first or subsequent offence within five years, as of August 22, 2025 (one penalty unit = $110).

First Offence

  • Maximum Fine: $2,200 (20 penalty units).
  • Licence Disqualification: Automatic 6 months (minimum 3 months).
  • Demerit Points: 3 points.
  • Criminal Record: Conviction remains for 10 years (3 for juveniles) unless spent (Criminal Records Act 1991).
  • Penalty Notice Option: $561 fine and 3 demerit points (no court, no disqualification, but a traffic record entry).

Subsequent Offence (Within 5 Years)

  • Maximum Fine: $3,300 (30 penalty units).
  • Licence Disqualification: Automatic 12 months (minimum 6 months).
  • Demerit Points: 3 points.
  • Criminal Record: As above, with increased scrutiny for future offences.

Additional Consequences

  • Immediate Suspension: Police may suspend your licence on the spot for low-range PCA if aggravating factors exist (e.g., erratic driving, section 224).
  • Employment Impact: Disqualification or a criminal record can affect jobs requiring driving (e.g., taxi, delivery) or background checks (Passenger Transport Act 1990).
  • Insurance Issues: Increased premiums or policy denials.
  • Travel Restrictions: Countries like the USA may deny entry for criminal convictions, even if spent.
  • Civil Liability: Causing an accident risks lawsuits under the Civil Liability Act 2002.

Sentencing Considerations: Courts apply section 21A, Crimes (Sentencing Procedure) Act 1999, weighing aggravating factors (e.g., school zone, accident) and mitigating factors (e.g., remorse, completion of the Traffic Offender Intervention Program (TOIP), costing $150–$200).

Example: A first-time offender with a BAC of 0.07 faces a $1,500 fine, 3-month disqualification, and a criminal record unless a section 10 dismissal is granted.

Defences to Low-Range Drink Driving Charges

A Sydney criminal defence lawyer can raise several defences to challenge a low-range PCA charge, potentially leading to a dismissal:

  1. Unlawful Testing: The breath test was conducted outside the 2-hour window (section 14) or without reasonable suspicion (section 36, Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)).
  2. Testing Errors: Faulty breathalyser or lab inaccuracies, such as calibration issues.
  3. Medical Conditions: False positives from conditions like diabetes or acid reflux affecting BAC readings.
  4. Necessity/Duress: Driving to avoid immediate harm or under coercion.
  5. Unlawful Evidence: Exclude evidence obtained illegally (section 138, Evidence Act 1995).

Appealing a Low-Range Drink Driving Penalty

You can appeal a low-range PCA penalty through several avenues, depending on the penalty type and circumstances.

1. Revenue NSW Review

Under section 24, Fines Act 1996, you can request a review of a penalty notice within 60 days. Grounds include:

  • Incorrect Details: Errors in the notice (e.g., wrong BAC, date, or vehicle).
  • Testing Error: Evidence of breathalyser malfunction.
  • Extenuating Circumstances: Emergency (e.g., medical necessity).
  • Clean Record: Request leniency for a good driving history.

Process:

  • Submit a review via myPenalty on the Revenue NSW website or by mail.
  • Provide evidence (e.g., traffic record, medical reports).
  • Outcomes: Fine upheld, reduced, cautioned, or cancelled.

2. Court Election

If the review is unsuccessful or you face a court charge (e.g., electing court over a penalty notice), contest the matter in the Local Court within 28 days of the review decision. Grounds include:

  • Not Guilty: Dispute the BAC or testing process.
  • Guilty: Seek a non-conviction outcome with mitigation (e.g., TOIP, hardship).
  • Procedural Errors: Unlawful police action or evidence issues.

Risks: Courts may impose higher fines (up to $2,200–$3,300) or a conviction if unsuccessful.

3. Demerit Point Suspension Appeal

If a low-range PCA penalty (3 points) triggers a suspension due to exceeding 13 points (unrestricted), 7 (P2), or 4 (P1/learner) within 40 months, appeal to the Local Court within 28 days (section 267, Road Transport Act 2013). Grounds include:

  • Hardship: Suspension impacts employment or family duties.
  • Good Character: Clean record supports leniency.

Process:

  • File an Application Notice via the NSW Online Registry (~$100 fee, waivable).
  • Suspension is stayed pending the hearing.
  • Outcomes: Suspension lifted, reduced, or replaced with a good behaviour period (section 36).

4. District Court Appeal

If convicted in the Local Court, appeal to the District Court within 28 days (Crimes (Appeal and Review) Act 2001), arguing errors in law, fact, or sentencing (e.g., section 10 denial).

Example: A driver appeals a low-range PCA conviction, secures a section 10 dismissal, and avoids a criminal record.

Court Process for Low-Range Drink Driving Charges

Low-range PCA cases are typically summary matters in the Local Court:

  1. Penalty Notice or Court Attendance Notice (CAN): Receive a $561 fine or CAN for court.
  2. Bail Application: If arrested (rare for low-range), a lawyer applies for bail (Bail Act 2013).
  3. Court Mention: Enter a plea (guilty/not guilty). Guilty pleas may proceed to sentencing; not guilty pleas schedule a hearing.
  4. Hearing or Sentencing:
    1. Not Guilty: The court reviews evidence (e.g., breath analysis, police statements).
    1. Guilty/Convicted: The magistrate considers section 10 or imposes penalties.
  5. Appeals: Challenge in the District Court within 28 days.

Example: A driver pleads guilty to low-range PCA, presents TOIP and references, and secures a section 10 dismissal.

Steps to Take if Charged with Low-Range Drink Driving

  1. Review the Charge: Check the CAN or penalty notice for accuracy (e.g., BAC, date).
  2. Cease Driving if Suspended: Avoid further charges (section 224).
  3. Engage a Lawyer: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation.
  4. Gather Evidence: Collect:
    1. Character references (2–3 signed letters).
    1. Apology letter expressing remorse.
    1. TOIP certificate ($150–$200).
    1. Hardship evidence (e.g., employer letter proving job loss risk).
    1. Medical reports (if applicable, e.g., diabetes affecting BAC).
    1. Traffic record from Service NSW.
  5. Request a Review: Submit to Revenue NSW within 60 days if disputing a fine.
  6. Elect Court (if needed): Contest in the Local Court within 28 days.
  7. Complete TOIP: Enrol before sentencing to show rehabilitation.
  8. Attend Court: Present your case with lawyer support.
  9. Appeal if Necessary: Challenge convictions or suspensions within 28 days.
  10. Prevent Recurrence: Avoid alcohol before driving, use personal breathalysers, or enrol in alcohol education programs.

Example: A driver follows these steps, secures a section 10 dismissal for low-range PCA, and avoids a criminal record with TOIP evidence.

Evidence for Defences and Appeals

  • Character References: Letters from employers or community members attesting to your good character.
  • Apology Letter: Sincere letter outlining remorse and prevention steps.
  • TOIP Certificate: Proof of rehabilitation.
  • Hardship Evidence: Documents showing impact of disqualification (e.g., no public transport).
  • Medical Evidence: Reports explaining false BAC readings.
  • Technical Evidence: Breathalyser calibration records or expert reports.

Presentation: Provide originals and three copies for court.

Example: A driver presents TOIP, references, and a job loss letter, securing a section 10 dismissal.

How a Sydney Traffic Lawyer Helps

At Nicopoulos Sabbagh Lawyers, we:

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

Example: We secured a section 10 dismissal for a low-range PCA offender, avoiding a 3-month disqualification and criminal record.

Why Choose Nicopoulos Sabbagh Lawyers?

We offer:

  • Specialised Expertise: In-depth knowledge of the Road Transport Act 2013 and Crimes (Sentencing Procedure) Act 1999.
  • 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

Low-range drink driving in NSW carries penalties like fines up to $2,200, 6-month disqualification, and 3 demerit points, but defences and appeals can reduce or eliminate these consequences. By engaging expert legal representation and presenting strong mitigation, you can secure a section 10 dismissal or appeal a penalty. At Nicopoulos Sabbagh Lawyers, our Sydney criminal lawyers and traffic law specialists provide dedicated support to protect your driving privileges and record. 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!

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 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.

Leave a Reply

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