UNDERSTANDING THE OFFENCE OF DRINK DRIVING IN NSW

on July 28, 2025

Drink driving, also known as driving under the influence (DUI) or prescribed concentration of alcohol (PCA) offences, is a serious traffic violation in New South Wales (NSW) that can result in significant penalties, including fines, licence disqualification, and imprisonment. These charges can profoundly impact your personal and professional life, making it essential to understand the legal framework and available defences. 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. As leading Sydney criminal Defence lawyers and traffic law specialists, we are committed to protecting your rights and achieving the best possible outcome in NSW courts.

In this comprehensive guide, we explore everything you need to know about the offence of drink driving in NSW, including its legal definition, penalties, defences, and how a lawyer can help mitigate or dismiss charges. For legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

What Is Drink Driving in NSW?

Drink driving in NSW is primarily governed by the Road Transport Act 2013, which prohibits driving or attempting to drive a vehicle with a blood alcohol concentration (BAC) above the legal limit. The offence is categorised as a Prescribed Concentration of Alcohol (PCA) offence, with different limits based on the driver’s licence type and the severity of the BAC reading. The key PCA offences are outlined under section 110 of the Road Transport Act 2013:

  1. Low-Range PCA (BAC 0.05 to <0.08):
    1. Applies to full licence holders with a BAC slightly above the legal limit of 0.05.
  2. Mid-Range PCA (BAC 0.08 to <0.15):
    1. Involves a higher BAC, indicating significant impairment.
  3. High-Range PCA (BAC ≥0.15):
    1. The most serious PCA offence, reflecting severe intoxication.
  4. Special-Range PCA (BAC >0.00 to <0.02):
    1. Applies to learner, provisional (P1/P2), or special category drivers (e.g., bus or taxi drivers) who must maintain a zero BAC.
  5. Novice-Range PCA (BAC >0.00 to <0.02):
    1. Applies to learner or provisional drivers under 25 years old.

Additionally, section 112 of the Road Transport Act 2013 covers Driving Under the Influence (DUI), where a driver is impaired by alcohol or drugs, regardless of BAC. DUI charges often rely on police observations of erratic driving or sobriety tests.

To secure a PCA conviction, the prosecution must prove:

  • You were driving or attempting to drive a vehicle.
  • Your BAC exceeded the legal limit for your licence category, confirmed by a breath or blood test.
  • The test was conducted lawfully under the Road Transport Act 2013.

Drink driving cases are typically heard in the Local Court (e.g., Parramatta, Liverpool, or Campbelltown), with more serious or repeat offences potentially escalating to the District Court for appeals.

Penalties for Drink Driving in NSW

The penalties for drink driving in NSW vary based on the PCA range, whether it’s a first or subsequent offence, and the court’s discretion. Below are the key penalties under section 110 and section 112 of the Road Transport Act 2013:

Low-Range PCA (BAC 0.05 to <0.08)

  • First Offence:
    • Fine: Up to $2,200 (20 penalty units).
    • Imprisonment: Not applicable.
    • Licence Disqualification: Automatic 6 months (minimum 3 months).
    • Demerit Points: 4 points (8 during double demerit periods).
  • Subsequent Offence:
    • Fine: Up to $3,300 (30 penalty units).
    • Imprisonment: Up to 3 months.
    • Licence Disqualification: Automatic 12 months (minimum 6 months).
    • Demerit Points: 4 points.

Mid-Range PCA (BAC 0.08 to <0.15)

  • First Offence:
    • Fine: Up to $3,300 (30 penalty units).
    • Imprisonment: Up to 9 months.
    • Licence Disqualification: Automatic 12 months (minimum 6 months).
    • Interlock Order: Optional, reducing disqualification to 3 months followed by 12 months with an interlock device.
  • Subsequent Offence:
    • Fine: Up to $5,500 (50 penalty units).
    • Imprisonment: Up to 12 months.
    • Licence Disqualification: Automatic 3 years (minimum 12 months).
    • Interlock Order: Mandatory, reducing disqualification to 9 months followed by 24 months with an interlock.

High-Range PCA (BAC ≥0.15)

  • First Offence:
    • Fine: Up to $3,300 (30 penalty units).
    • Imprisonment: Up to 18 months.
    • Licence Disqualification: Automatic 3 years (minimum 12 months).
    • Interlock Order: Mandatory, reducing disqualification to 6 months followed by 24 months with an interlock.
  • Subsequent Offence:
    • Fine: Up to $5,500 (50 penalty units).
    • Imprisonment: Up to 2 years.
    • Licence Disqualification: Automatic 5 years (minimum 2 years).
    • Interlock Order: Mandatory, reducing disqualification to 12 months followed by 48 months with an interlock.

Special-Range and Novice-Range PCA (BAC >0.00 to <0.02)

  • First Offence:
    • Fine: Up to $2,200 (20 penalty units).
    • Licence Disqualification: Automatic 3 months (minimum 3 months).
  • Subsequent Offence:
    • Fine: Up to $3,300 (30 penalty units).
    • Licence Disqualification: Automatic 6 months (minimum 6 months).

DUI (Section 112)

  • First Offence:
    • Fine: Up to $3,300 (30 penalty units).
    • Imprisonment: Up to 18 months.
    • Licence Disqualification: Automatic 3 years (minimum 12 months).
  • Subsequent Offence:
    • Fine: Up to $5,500 (50 penalty units).
    • Imprisonment: Up to 2 years.
    • Licence Disqualification: Automatic 5 years (minimum 2 years).

Additional Consequences

A drink driving conviction can lead to:

  • Criminal Record: Remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.
  • Employment: Impacts jobs requiring a clean driving record (e.g., delivery, transport).
  • Insurance: Higher premiums due to a poor driving record.
  • Interlock Costs: Mandatory interlock programs cost approximately $2,200–$3,000 for installation and maintenance.
  • Demerit Points: Accumulating 13 points (or 4 for learner/provisional drivers) within 40 months can lead to a licence suspension (section 33, Road Transport Act 2013).

How a Sydney Traffic Lawyer Fights a Drink Driving Charge

A Sydney traffic lawyer employs a range of strategies to defend against drink driving charges, from challenging evidence to negotiating outcomes. Below are the key approaches used by Nicopoulos Sabbagh Lawyers:

1. Analysing the Prosecution’s Evidence

The prosecution must prove the BAC reading and lawful testing procedures. A lawyer will scrutinise:

  • Breath Test Accuracy: Ensure the breathalyser was calibrated and operated correctly under section 14, Road Transport Act 2013.
  • Police Conduct: Verify that police had reasonable suspicion to conduct a roadside test (section 36, Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)).
  • Timing of Tests: Confirm the breath or blood test was conducted within 2 hours of driving, as required by law.
  • Chain of Custody: Check for errors in handling blood samples for laboratory testing.

2. Raising Legal Defences

Several defences can be raised to challenge the charge:

  • Unlawful Testing: If police lacked reasonable suspicion or failed to follow procedures, evidence may be excluded (section 138, Evidence Act 1995).
  • Honest and Reasonable Mistake: You genuinely believed your BAC was below the limit (e.g., due to low alcohol consumption).
  • Duress or Necessity: You drove to avoid immediate harm (e.g., escaping an emergency).
  • Home Safe Defence: For low-range PCA, you were driving a short distance to a safe location (e.g., pulling over to sleep).
  • Medical Condition: A condition like acid reflux or diabetes falsely elevated the BAC reading, requiring expert testimony.
  • Mental Health Diversion: If mental health issues contributed, a section 14 application under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 may seek treatment over penalties.

3. Challenging Police Conduct

A lawyer can challenge:

  • Unlawful Stop: If police lacked grounds to stop you, the breath test may be inadmissible.
  • Procedural Errors: Failure to provide a caution or follow testing protocols (section 122, LEPRA).
  • Example: If police conducted a test without reasonable suspicion, a lawyer can seek to exclude the BAC evidence.

4. Negotiating Plea Deals

A lawyer can negotiate with NSW Police or the Office of Public Prosecutions to:

  • Amend Facts: Modify the police fact sheet to remove aggravating factors, like speeding or erratic driving.
  • Dismiss Additional Charges: Secure withdrawal of related charges, such as negligent driving (section 117, Road Transport Act 2013).

A guilty plea can secure a sentencing discount of up to 25% under section 22, Crimes (Sentencing Procedure) Act 1999.

5. Securing Non-Conviction Outcomes

A lawyer can advocate for:

  • Section 10(1)(a) Dismissal: No conviction, fine, or disqualification, ideal for first-time offenders.
  • Section 10(1)(b) Conditional Release Order (CRO): No conviction, with conditions like good behaviour for up to 2 years.
  • Community Correction Order (CCO): Community service or supervision instead of harsher penalties.

6. Completing a Traffic Offender Intervention Program (TOIP)

Enrolling in a TOIP demonstrates remorse and commitment to road safety, increasing the likelihood of leniency, such as a section 10 dismissal.

7. Appealing a Conviction or Sentence

If convicted, a lawyer can appeal to the District Court within 28 days under the Crimes (Appeal and Review) Act 2001 if the sentence is harsh or new evidence emerges. A lawyer can also appeal a licence suspension under section 267, Road Transport Act 2013.

The Court Process for a Drink Driving Charge

The court process typically involves:

  1. Arrest or Penalty Notice:
    1. Police may arrest you or issue a Court Attendance Notice (CAN) for a Local Court appearance.
    1. For minor PCA offences, a Penalty Notice with a fine may be issued.
  2. Court Mention:
    1. You enter a plea (guilty or not guilty) in the Local Court. If not guilty, a hearing is scheduled.
  3. Hearing or Sentencing:
    1. If pleading not guilty, a hearing examines evidence to determine guilt.
    1. If pleading guilty or found guilty, a sentencing hearing determines penalties.
  4. Possible Outcomes:
    1. Non-conviction orders (section 10 dismissal or CRO).
    1. Conviction with fines, disqualification, or imprisonment.
    1. Mental health diversion under section 14.
  5. Appeals:
    1. Appeal to the District Court if the outcome is unfair.

Steps to Take When Facing a Drink Driving Charge

To protect your rights and improve your case outcome, follow these steps:

  1. Engage a Sydney Traffic Lawyer Immediately:
    1. Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation to assess your case.
  2. Exercise Your Right to Silence:
    1. Avoid making statements to police without legal advice (section 89, Evidence Act 1995).
  3. Gather Evidence:
    1. Collect receipts, witness statements, or medical records to support your defence.
    1. Provide character references or proof of hardship (e.g., employment contracts).
  4. Request a Penalty Notice Review:
    1. For a Penalty Notice, request a review from Revenue NSW within 28 days.
  5. Complete a TOIP:
    1. Enrol in a TOIP to demonstrate remorse and improve leniency chances.
  6. Prepare for Court:
    1. Work with your lawyer to present a robust defence or negotiate a plea deal.
  7. Appeal if Necessary:
    1. If convicted, appeal to the District Court or challenge a licence suspension.

Why Choose Nicopoulos Sabbagh Lawyers?

At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are dedicated to delivering exceptional representation for drink driving, criminal, and traffic law matters in Sydney, NSW. Our team offers:

  • Specialised Expertise: In-depth knowledge of the Road Transport Act 2013, Crimes (Sentencing Procedure) Act 1999, and Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
  • Proven Results: Securing section 10 dismissals, CROs, and reduced penalties across Sydney courts, including Parramatta, Liverpool, and Campbelltown.
  • Ethical Representation: Adhering to the Legal Profession Uniform Law (NSW) and Solicitors’ Conduct Rules for transparent, reliable advice.
  • Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for a free initial consultation.

Don’t let a drink driving charge jeopardise your future. Our Sydney traffic lawyers and criminal defence specialists will fight tirelessly to protect your driving privileges and achieve the best possible outcome.

Conclusion

Drink driving is a serious offence in NSW, with penalties ranging from fines and licence disqualification to imprisonment and a criminal record. A Sydney traffic lawyer can fight a PCA or DUI charge by challenging evidence, raising defences like unlawful testing or necessity, and securing non-conviction outcomes like section 10 dismissals. At Nicopoulos Sabbagh Lawyers, we leverage our expertise to deliver tailored strategies, ensuring your record, career, and driving privileges are protected. Whether facing low-range PCA, high-range PCA, or DUI charges, our team is here to guide you through the legal process.

Take control of your case today. Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to schedule a free consultation. Let us help you fight your drink driving charge and achieve the best possible result.

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 27th July 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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