Drink driving is a major road safety issue in New South Wales (NSW), contributing to numerous accidents, injuries, and fatalities each year. The NSW legal system categorises drink driving offences based on blood alcohol concentration (BAC) levels into low-range, mid-range, and high-range prescribed concentration of alcohol (PCA) offences. Each category carries distinct penalties and consequences, reflecting the severity of impairment and risk to public safety. Understanding these differences is critical for drivers facing charges, as penalties can include hefty fines, licence disqualification, imprisonment, and mandatory interlock programs. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert representation to defend clients against drink driving charges in Sydney. As leading Sydney criminal lawyers and traffic law specialists, we are committed to protecting your rights and securing the best possible outcome in NSW courts.
In this comprehensive article, we explore the differences between low-range, mid-range, and high-range drink driving offences in NSW, including their legal definitions, penalties, defences, and how a lawyer can help mitigate consequences.
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, primarily section 110, which defines 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). The Act categorises offences into low-range (0.05–0.079), mid-range (0.08–0.149), and high-range (0.15 or above) PCA, with escalating penalties based on 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), may also apply.
NSW Police enforce these laws through random breath testing (RBT), using breathalysers to measure BAC. 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 reflect inflation adjustments (one penalty unit = $110) and stricter measures under the Road Safety Plan 2021, including mandatory interlock programs for serious offences and increased RBT operations.
Why BAC Categories Matter
The low-range, mid-range, and high-range classifications reflect the degree of impairment:
- Low-Range: Minor impairment, but still dangerous.
- Mid-Range: Significant impairment, increasing accident risk.
- High-Range: Severe intoxication, posing a substantial threat to road safety.
Understanding these categories helps drivers assess the severity of their situation and seek appropriate legal representation from a Sydney traffic lawyer.
Low-Range PCA Drink Driving (BAC 0.05–0.079)
Definition
Low-range PCA applies to drivers with a BAC of 0.05 to 0.079, typically full licence holders, as learner, provisional, and special category drivers (e.g., bus or truck drivers) have a zero BAC limit. This range indicates mild impairment, often from one or two standard drinks, depending on body weight, gender, and food intake.
Who It Applies To
- Full licence holders (unrestricted).
- Does not apply to learner (L), provisional (P1, P2), or special category drivers, who face novice-range or special-range charges for any BAC above 0.00.
Penalties for Low-Range PCA
Penalties depend on whether it’s a first or subsequent offence within five years, as outlined in section 110(3):
- 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: Since May 2019, police may issue a $561 fine and 3-month immediate suspension for first offences, avoiding court (section 110(3)(b)).
- Subsequent Offence (within 5 years):
- 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, though rare for low-range.
Additional Consequences
- Demerit Points: 3 points, potentially leading to suspension for unrestricted licences.
- Criminal Record: A court conviction remains on your National Police Certificate for 10 years (3 years for juveniles) unless spent under the Criminal Records Act 1991.
- Employment/Travel: A conviction can impact jobs requiring background checks or international travel.
Example
A full licence holder with a BAC of 0.06 after two beers at a social event may receive an on-the-spot fine and suspension or face court with a potential section 10 dismissal if represented by a Sydney criminal defence lawyer.
Mid-Range PCA Drink Driving (BAC 0.08–0.149)
Definition
Mid-range PCA applies to drivers with a BAC of 0.08 to 0.149, indicating significant impairment that substantially increases accident risk. This range often involves moderate to heavy drinking.
Who It Applies To
- All drivers, including full licence holders, learner, provisional, and special category drivers, though the latter face additional novice/special-range charges for lower BACs.
Penalties for Mid-Range PCA
Penalties are harsher than low-range, requiring a court appearance (section 110(4)):
- 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, though uncommon for first offences.
- 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.
Additional Consequences
- Mandatory Interlock: Required for subsequent offences or if the court orders it for first offences (section 211). Costs $2,200–$2,500 annually.
- Demerit Points: 4 points.
- Criminal Record: Impacts employment, travel, and insurance premiums.
- Immediate Suspension: Police may suspend your licence on the spot (section 224).
Example
A driver with a BAC of 0.10 after a night out faces court, risking a 12-month disqualification. A Sydney traffic lawyer may negotiate a reduced disqualification or non-conviction outcome.
High-Range PCA Drink Driving (BAC 0.15 or Above)
Definition
High-range PCA applies to drivers with a BAC of 0.15 or above, indicating severe intoxication and a high risk of accidents. This level often involves heavy drinking and significant impairment.
Who It Applies To
- All drivers, with immediate licence suspension and mandatory court appearance.
Penalties for High-Range PCA
Penalties are the most severe, reflecting the danger posed (section 110(5)):
- 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.
Additional Consequences
- Mandatory Interlock: Required for all high-range offences (section 211).
- Demerit Points: 5 points.
- Criminal Record: Significant impact on employment, travel, and reputation.
- Immediate Suspension: Police suspend your licence on the spot (section 224).
Example
A driver with a BAC of 0.16 after a party faces immediate suspension and court. A Sydney criminal lawyer may argue for a reduced disqualification or explore defences like testing errors.
Key Differences Between Low, Mid, and High-Range PCA
| Aspect | Low-Range (0.05–0.079) | Mid-Range (0.08–0.149) | High-Range (0.15+) |
| BAC Level | 0.05–0.079 | 0.08–0.149 | 0.15 or above |
| Impairment | Mild | Significant | Severe |
| Court Appearance | Optional (on-the-spot fine for first offence) | Mandatory | Mandatory |
| First Offence Fine | Up to $2,200 | Up to $2,200 | Up to $3,300 |
| First Offence Disqualification | 6 months (min. 3) | 12 months (min. 6) | 3 years (min. 12) |
| First Offence Imprisonment | Rare | Up to 9 months | Up to 18 months |
| Subsequent Offence Fine | Up to $3,300 | Up to $3,300 | Up to $5,500 |
| Subsequent Offence Disqualification | 12 months (min. 1) | 3 years (min. 12) | 5 years (min. 2) |
| Subsequent Offence Imprisonment | Up to 9 months | Up to 12 months | Up to 2 years |
| Interlock | Optional (subsequent) | Mandatory (subsequent) | Mandatory |
| Demerit Points | 3 | 4 | 5 |
Additional Notes
- Interlock Costs: $2,200–$2,500 annually for device installation and monitoring.
- Driver Knowledge Test: Required for drivers with two offences within five years.
- Zero BAC Requirement: Post-offence, drivers may face a zero BAC limit for three years.
Defences to Drink Driving Charges
A Sydney criminal defence lawyer can raise several defences to challenge PCA charges:
- Unlawful Testing: Police lacked reasonable grounds (section 36, Law Enforcement (Powers and Responsibilities) Act 2002).
- Testing Errors: Breathalyser malfunction or improper calibration.
- Two-Hour Rule: Test conducted more than two hours after driving (section 14, Road Transport Act 2013).
- Honest and Reasonable Mistake: Belief of being under the limit.
- Medical Conditions: False positives from conditions like diabetes.
- Necessity: Driving to avoid immediate harm.
- Mental Health Diversion: Treatment under section 14, Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
A lawyer may also secure a section 10(1)(a) dismissal or Conditional Release Order (CRO) to avoid a conviction.
How a Sydney Criminal Lawyer Fights a Drink Driving Charge
At Nicopoulos Sabbagh Lawyers, we employ strategies to defend PCA charges:
- Challenging Evidence: Scrutinising breath test accuracy or police procedures.
- Raising Defences: Arguing unlawful testing or medical conditions.
- Negotiating Plea Deals: Reducing high-range to mid-range or securing charge withdrawals.
- Securing Non-Conviction Outcomes: Advocating for section 10 dismissals or CROs.
- 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 (Crimes (Appeal and Review) Act 2001).
Example: For a low-range PCA, we might secure a section 10 dismissal, preserving your licence and record.
The Court Process for a Drink Driving Charge
- Investigation: Police conduct RBT and breath analysis.
- Arrest or CAN: Immediate suspension for high-range or Court Attendance Notice (CAN).
- Bail Application: Lawyer applies for bail (Bail Act 2013).
- Court Mention: Enter plea in Local Court (e.g., Parramatta, Liverpool).
- Hearing or Sentencing: Defend or proceed to sentencing.
- Appeals: Appeal to District Court if needed.
Steps to Take When Facing a Drink Driving Charge
- Engage a Sydney Traffic Lawyer: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499.
- Exercise Right to Silence: Avoid statements without legal advice (section 89, Evidence Act 1995).
- Gather Evidence: Collect medical records or witness statements.
- Complete TOIP: Show reform through the Traffic Offenders Intervention Program.
- Prepare for Court: Build a defence or negotiate a plea.
- Appeal if Necessary: Appeal convictions or apply for spent convictions.
Why Choose Nicopoulos Sabbagh Lawyers?
We offer:
- Specialised Expertise: Deep knowledge of the Road Transport Act 2013.
- Proven Results: Securing section 10 dismissals and reduced penalties.
- Court Navigation: Expertise in Sydney courts, including amidst Downing Centre Local Court closure.
- 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, mid-range, and high-range PCA offences in NSW carry escalating penalties, from fines and short disqualifications to imprisonment and mandatory interlock orders. Understanding these differences is key to navigating charges. At Nicopoulos Sabbagh Lawyers, our Sydney criminal lawyers and traffic law specialists fight for the best outcomes, protecting 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 representation.
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 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