WHAT ARE THE PENALTIES FOR A FIRST-TIME DUI IN NSW?

on June 30, 2025

Being charged with Driving Under the Influence (DUI) in New South Wales (NSW) can be a daunting experience, particularly for first-time offenders who may be unaware of the legal consequences and their options. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialize in criminal law and traffic law, offering expert guidance to protect your rights and minimize the impact of a DUI charge. As leading Sydney DUI lawyers and criminal defence specialists, we are committed to helping clients navigate the complexities of NSW traffic law to achieve the best possible outcome.

In this comprehensive guide, we explore the penalties for a first-time DUI in NSW, including the legal framework, potential consequences, and strategies to mitigate penalties. For legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

Understanding DUI in NSW

In NSW, a DUI offence is governed by section 112 of the Road Transport Act 2013. Unlike Prescribed Concentration of Alcohol (PCA) offences, which are based on specific blood alcohol concentration (BAC) levels, a DUI charge applies when you drive or attempt to drive a vehicle while under the influence of alcohol or drugs to the extent that your ability to control the vehicle is impaired. This can be determined through police observations, such as erratic driving, slurred speech, or impaired coordination, without requiring a BAC reading.

DUI vs. PCA Offences

While DUI and PCA offences are related, they differ in key ways:

  • DUI: Focuses on impaired driving ability due to alcohol or drugs, based on police evidence like field sobriety tests or driving behavior.
  • PCA: Involves driving with a BAC above the legal limit (0.05 for full licence holders, 0.00 for learners or provisional drivers). PCA offences are categorized as:
    • Low-range PCA: 0.05–0.079.
    • Mid-range PCA: 0.08–0.149.
    • High-range PCA: 0.15 or above.

A first-time DUI charge is treated seriously due to its potential to endanger public safety, but penalties can vary depending on the circumstances and the strength of your legal defence.

Penalties for a First-Time DUI in NSW

The penalties for a first-time DUI conviction under section 112 of the Road Transport Act 2013 are significant, reflecting the NSW government’s commitment to road safety. Below, we outline the legal consequences and their broader impacts.

Legal Penalties

For a first-time DUI offence, the maximum penalties include:

  • Fine: Up to $3,300 (30 penalty units).
  • Imprisonment: Up to 18 months.
  • Licence Disqualification:
    • Automatic disqualification: 3 years.
    • Minimum disqualification: 12 months (reducible at the court’s discretion).
  • Mandatory Interlock Order: For alcohol-related DUI convictions, you may be required to install an interlock device, which prevents your vehicle from starting unless a zero BAC is recorded. The interlock period is typically 24 months, with costs for installation and maintenance (approximately $2,200–$2,500 per year).

Additional Consequences

Beyond legal penalties, a first-time DUI conviction can have far-reaching impacts:

  • Criminal Record: A conviction remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.
  • Employment: A criminal record or licence disqualification can affect jobs requiring a clean driving history or police check, such as transport, security, or professional roles.
  • Travel: Countries like the United States and Canada may deny entry to individuals with criminal convictions.
  • Insurance: Convictions often lead to higher premiums or difficulty obtaining coverage.
  • Financial Burden: Fines, legal fees, and interlock costs can create significant financial strain.

Factors Influencing Penalties

Courts consider several factors when determining penalties, as outlined in section 21A of the Crimes (Sentencing Procedure) Act 1999:

  • Aggravating Factors: Increase penalty severity, e.g., causing an accident, high level of intoxication, or endangering others.
  • Mitigating Factors: Reduce penalty severity, e.g., good character, remorse, or a clean driving record.
  • Circumstances of the Offence: The degree of impairment, time of day, and road conditions.
  • Personal Circumstances: Employment, family responsibilities, or health conditions.

A skilled Sydney criminal defence lawyer can leverage these factors to advocate for leniency, potentially securing a non-conviction outcome like a section 10 dismissal or Conditional Release Order (CRO).

Can Penalties Be Reduced or Avoided?

While the penalties for a first-time DUI are severe, a Sydney DUI lawyer can employ several strategies to reduce or avoid them. At Nicopoulos Sabbagh Lawyers, we use our expertise to explore every avenue for a favorable outcome. Key strategies include:

1. Negotiating with Prosecutors

Before your case reaches court, a lawyer can negotiate with police prosecutors to:

  • Amend the Police Fact Sheet: Correct inaccuracies in the prosecution’s account to present a less aggravating version of events.
  • Secure a Guilty Plea Discount: Under section 22 of the Crimes (Sentencing Procedure) Act 1999, an early guilty plea can reduce your sentence by up to 25%.

2. Seeking Non-Conviction Outcomes

For first-time offenders, a lawyer can advocate for:

  • Section 10(1)(a) Dismissal: The charge is dismissed without a conviction or penalty, preserving your clean record.
  • Section 10(1)(b) CRO: A Conditional Release Order without a conviction, requiring you to comply with conditions like good behaviour for up to 2 years.

These outcomes are more likely if you have a clean driving record, demonstrate remorse, or complete a Traffic Offender Intervention Program (TOIP).

3. Legal Defences

If you plead not guilty, a lawyer can challenge the prosecution’s case by raising common defences such as:

  • Procedural Errors: Police failed to follow proper protocols, e.g., improper sobriety testing or breaching the two-hour rule for breath analysis (Schedule 3, Road Transport Act 2013).
  • Factual Dispute: Challenging police observations of impairment, such as erratic driving or slurred speech.
  • Honest and Reasonable Mistake: You genuinely believed you were not impaired or under the legal BAC limit.
  • Necessity: You drove under the influence to avoid immediate harm, such as a medical emergency.
  • Medical Incapacity: A condition, like asthma, prevented you from providing a breath sample.

Our Sydney traffic lawyers will review evidence, such as CCTV footage or police bodycam recordings, to identify weaknesses in the prosecution’s case.

4. Presenting Mitigating Factors

A lawyer can present compelling evidence to highlight mitigating factors, such as:

  • Good Character: Character references from employers, family, or community members.
  • Remorse: Demonstrated through an early guilty plea, apologies, or TOIP completion.
  • Hardship: Evidence of the impact of a conviction or disqualification, such as loss of employment or family responsibilities.
  • Rehabilitation: Completion of alcohol/drug counselling or other programs.

These factors can persuade the court to impose a lighter penalty or a non-conviction outcome.

5. Applying for Mental Health Diversions

If a mental health condition or cognitive impairment contributed to the offence, a lawyer can apply for a diversion under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020. If approved, you may receive treatment instead of a criminal penalty.

6. Appealing a Police-Issued Licence Suspension

If your licence was suspended by police pending your court date (e.g., for suspected high-range PCA), you can appeal to the Local Court within 28 days under section 267 of the Road Transport Act 2013. A lawyer can argue hardship or procedural errors to have the suspension lifted.

The Court Process for a First-Time DUI

Understanding the court process helps you prepare for your case and work effectively with your Sydney DUI lawyer. The process typically involves:

  1. Arrest or Court Attendance Notice (CAN):
    1. Police may arrest you or issue a CAN, requiring you to appear in the Local Court (e.g., Parramatta, Liverpool, or Campbelltown).
  2. Bail Application:
    1. If arrested, a lawyer can apply for bail under the Bail Act 2013 to secure your release with reasonable conditions.
  3. First Court Appearance (Mention):
    1. You enter a plea (guilty or not guilty). Your lawyer may request an adjournment to prepare your case.
  4. Hearing or Sentencing:
    1. If pleading not guilty, a hearing is scheduled to examine evidence and determine guilt.
    1. If pleading guilty or found guilty, a sentencing hearing follows, where your lawyer presents mitigating factors.
  5. Possible Outcomes:
    1. Non-conviction orders (section 10 dismissal or CRO).
    1. Conviction with penalties (fines, imprisonment, disqualification).
    1. Mental health diversion or community-based orders.
  6. Appeals:
    1. If the sentence is unfair, you can appeal to the District Court within 28 days under the Crimes (Appeal and Review) Act 2001.

Steps to Take After a First-Time DUI Charge

To maximize your chances of reducing penalties, take these proactive steps:

  1. Engage a Sydney DUI Lawyer Immediately:
    1. Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation to assess your case and develop a defence strategy.
  2. Exercise Your Right to Silence:
    1. Avoid making statements to police without legal advice, as they may be used against you.
  3. Gather Evidence:
    1. Collect documents like the CAN, police fact sheet, medical records, character references, or proof of hardship.
    1. Provide dashcam footage or witness statements to support your defence.
  4. Complete a TOIP:
    1. Enrol in the Traffic Offenders Rehabilitation Program (TORP) ($150–$200) to demonstrate remorse and improve leniency chances.
  5. Prepare for Court:
    1. Work with your lawyer to present a professional case, including compelling submissions and evidence.
  6. Consider Plea Options:
    1. Discuss with your lawyer whether a guilty plea (for a sentence discount) or not guilty plea (to challenge the charge) is best.
  7. Appeal a Licence Suspension:
    1. If your licence is suspended by police, file an appeal within 28 days with the help of your lawyer.

Why Choose Nicopoulos Sabbagh Lawyers?

At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are dedicated to delivering exceptional representation for first-time DUI and other 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 related regulations.
  • 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 first-time DUI charge derail your future. Our Sydney criminal lawyers and traffic law specialists will fight tirelessly to reduce your penalties and protect your rights.

Conclusion

A first-time DUI charge in NSW carries serious penalties, including fines up to $3,300, imprisonment up to 18 months, and licence disqualification for up to 3 years. However, with the right legal strategy, a Sydney DUI lawyer can reduce or avoid these penalties by negotiating with prosecutors, raising defences, or securing non-conviction outcomes like a section 10 dismissal. At Nicopoulos Sabbagh Lawyers, we leverage our expertise to minimize the impact of a DUI charge on your life, ensuring your case is handled with care and professionalism.

Take control of your DUI 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 navigate the NSW legal system and secure the best possible outcome.

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 28th June 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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