Drink
driving remains one of the most heavily penalised offences in New South Wales,
reflecting the state’s commitment to road safety and reducing alcohol-related
crashes. With strict laws and severe consequences, a drink driving charge can
impact your driving privileges, finances, and even your freedom. At Nicopoulos Sabbagh Lawyers Criminal Defence &
Traffic Lawyers, our traffic lawyers in Sydney, NSW, specialise in
defending clients against drink driving charges, helping them navigate
the complex legal system to achieve the best possible outcomes.
This
comprehensive guide explores the penalties for drink driving in NSW, the
legal framework, potential defences, and how our criminal defence lawyers in
Sydney can assist. As a leading criminal law firm in Sydney,
we’re dedicated to protecting your rights and minimising the impact of a charge
on your life.
Understanding Drink Driving in NSW
Drink
driving, legally termed driving with a prescribed concentration of alcohol
(PCA), is an offence under Section 110 of the Road Transport Act 2013
(NSW). It occurs when a driver operates a vehicle with a blood alcohol
concentration (BAC) above the legal limit. NSW enforces a zero-tolerance
policy for certain drivers and strict BAC limits for others, with
penalties escalating based on the BAC level and whether it’s a first or
subsequent offence.
Blood Alcohol Concentration (BAC) Limits
• Zero BAC (0.00): Applies to learner (L-plate),
provisional (P-plate), and professional drivers (e.g., taxi, bus, or heavy
vehicle operators).
• Low-Range PCA (0.05–0.079): Applies to full licence
holders not subject to zero BAC.
• Mid-Range PCA (0.08–0.149): Indicates moderate
intoxication, with harsher penalties.
• High-Range PCA (0.15 and above): Reflects severe
intoxication, carrying the most severe consequences.
• Special-Range PCA (0.02–0.049): Applies to specific
drivers, such as those under interlock orders or with prior convictions.
Related Offences
In
addition to PCA offences, related charges under the Road Transport Act 2013 include:
• Driving under the influence (DUI) (Section
112): Driving while impaired by alcohol or drugs, even without a specific
BAC reading, based on police observations or sobriety tests.
• Refusing a Breath Test (Section 116):
Failing to provide a breath, blood, or urine sample when requested, treated as
seriously as high-range PCA.
• Wilfully Altering BAC (Section 116(15)):
Attempting to manipulate test results, such as consuming alcohol after driving
but before testing.
Legal Framework for Drink Driving Penalties
Drink
driving penalties in NSW are governed by the Road Transport Act 2013, Road
Rules 2014, and sentencing provisions under the Crimes (Sentencing
Procedure) Act 1999. The NSW Police Force conducts over 5
million roadside breath tests annually, with BOCSAR (2024) reporting
approximately 17,000 PCA convictions in 2023–2024. Penalties vary by BAC range,
offence type, and whether it’s a first offence (no prior PCA/DUI
conviction in the past 5 years) or subsequent offence (prior
conviction within 5 years).
Penalties for Drink Driving in NSW
Penalties
include fines, licence disqualifications, imprisonment, interlock orders, and
other sanctions, with courts applying discretion based on circumstances. Below
is a detailed breakdown as of May 22, 2025:
1. Low-Range PCA (0.05–0.079)
• First Offence:
•
Fine: Up to $2,200 (20 penalty units).
•
Licence Disqualification: 3–6 months (automatic: 6 months;
reducible to 3 months).
•
Imprisonment: Not applicable.
•
Other: Possible Section 10 dismissal (no conviction, fine,
or disqualification) or Conditional Release Order (CRO) under Section
9 of the Crimes (Sentencing Procedure) Act 1999.
• Subsequent Offence:
•
Fine: Up to $3,300 (30 penalty units).
•
Licence Disqualification: 6–12 months (automatic: 12 months;
reducible to 6 months).
•
Imprisonment: Not applicable.
•
Other: Section 10 dismissal less likely but possible with
strong mitigation.
Note: For
low-range PCA, police may issue an infringement notice with a $604
fine and 10 demerit points instead of court proceedings.
You can elect to have the matter heard in court, where our traffic lawyers
in Sydney can pursue a Section 10 dismissal to avoid
penalties.
2. Mid-Range PCA (0.08–0.149)
• First Offence:
•
Fine: Up to $3,300 (30 penalty units).
•
Licence Disqualification: 6–12 months (automatic: 12 months;
reducible to 6 months).
•
Imprisonment: Up to 9 months (rare for first offences).
•
Interlock Order: Minimum 12 months (mandatory for full
licence holders unless exempted, e.g., medical reasons or no access to
interlock device).
•
Other: Possible Community Correction Order (CCO) or Intensive
Correction Order (ICO).
• Subsequent Offence:
•
Fine: Up to $5,500 (50 penalty units).
•
Licence Disqualification: 1–3 years (automatic: 3 years;
reducible to 1 year).
•
Imprisonment: Up to 12 months.
•
Interlock Order: Minimum 24 months.
•
Other: Higher likelihood of custodial sentence or ICO.
3. High-Range PCA (0.15 and above)
• First Offence:
•
Fine: Up to $3,300 (30 penalty units).
•
Licence Disqualification: 1–3 years (automatic: 3 years;
reducible to 1 year).
•
Imprisonment: Up to 18 months.
•
Interlock Order: Minimum 24 months (mandatory unless
exempted).
•
Other: Likely ICO or CCO; Section 10 dismissal rare
but possible with exceptional circumstances.
• Subsequent Offence:
•
Fine: Up to $5,500 (50 penalty units).
•
Licence Disqualification: 2–5 years (automatic: 5 years;
reducible to 2 years).
•
Imprisonment: Up to 2 years.
•
Interlock Order: Minimum 48 months.
•
Other: High risk of imprisonment or ICO.
4. Special-Range PCA (0.02–0.049)
• First Offence:
•
Fine: Up to $2,200 (20 penalty units).
•
Licence Disqualification: 3–6 months (automatic: 6 months;
reducible to 3 months).
•
Imprisonment: Not applicable.
• Subsequent Offence:
•
Fine: Up to $3,300 (30 penalty units).
•
Licence Disqualification: 6–12 months (automatic: 12 months;
reducible to 6 months).
•
Imprisonment: Not applicable.
5. DUI and Refusing a Breath Test
• First Offence:
•
Fine: Up to $3,300 (30 penalty units).
•
Licence Disqualification: 1–3 years (automatic: 3 years;
reducible to 1 year).
•
Imprisonment: Up to 18 months.
•
Interlock Order: Minimum 24 months (for DUI).
• Subsequent Offence:
•
Fine: Up to $5,500 (50 penalty units).
•
Licence Disqualification: 2–5 years (automatic: 5 years;
reducible to 2 years).
•
Imprisonment: Up to 2 years.
•
Interlock Order: Minimum 48 months (for DUI).
Additional Penalties
• Demerit Points: 10 points for low-range PCA
infringement notices; no points for court convictions.
• Vehicle Sanctions: Possible vehicle impoundment or
number plate confiscation for repeat offenders under Section 239.
• Criminal Record: Convictions may result in a
record, affecting employment or travel, unless a Section 10 dismissal is
granted.
• Mandatory Alcohol Interlock Program: Under Section
211, full licence holders convicted of mid-range, high-range, or DUI
offences must install an interlock device post-disqualification, costing
approximately $2,200 annually.
• Traffic Offender Intervention Program (TOIP):
Courts may require completion of this rehabilitation program to reduce
disqualification periods or secure leniency.
Defences to Drink Driving Charges
Facing
a drink driving charge doesn’t mean automatic conviction. Several
defences can lead to a dismissal or reduced penalties:
1. Honest and Reasonable Mistake:
•
This is when a defendant argues that they genuinely believed they were under
the BAC limit, supported by evidence like limited alcohol consumption or timing
of drinks. Effective for low-range PCA.
2. Challenging the Evidence:
•
This is when a defendant Contests the accuracy of breath or blood tests, citing
improper calibration, operator error, or failure to follow Section 116 procedures
(e.g., 2-hour rule for post-driving consumption).
3. Identity of the Driver:
•
This is when a defendant Proves they were not driving the vehicle, using
witness testimony, CCTV, or GPS data.
4. Necessity or Duress:
•
This is when the defendant Demonstrates they drove to avoid serious harm, such
as escaping danger, though this is rare and requires compelling evidence.
5. Home Safe Defence:
•
This is when a defendant argues for charges based on BAC readings at home
(e.g., after police visit), argue the alcohol was consumed post-driving,
supported by receipts or witnesses.
6. Procedural Errors:
•
This is when a defendant seeks the exclusion of evidence under Section 138
of the Evidence Act 1995 (NSW) if police failed to provide a caution
or conducted an unlawful test.
Our traffic
lawyers in Sydney meticulously analyse evidence, such as breathalyser
logs, police statements, or forensic reports, to build a robust defence, aiming
for a Section 10 dismissal or acquittal.
Mitigating Penalties and Sentencing Options
If
pleading guilty or convicted, our criminal defence lawyers in Sydney work
to minimise penalties:
• Section 10 Dismissal: Under Section 10(1)(a),
the court may dismiss the charge without a conviction, fine, or
disqualification, ideal for first-time offenders with strong character
evidence.
• Conditional Release Order (CRO): A non-conviction
order with conditions like no further offences for up to 2 years.
• Community Correction Order (CCO): A community-based
sentence with conditions like supervision or alcohol treatment, avoiding jail.
• Character References: Letters from employers,
family, or community members highlighting your good character.
• Rehabilitation Evidence: Completion of the TOIP,
counselling, or alcohol programs like SMART Recovery to demonstrate
remorse.
• Hardship Documentation: Evidence of employment or
family reliance on your licence to reduce disqualification periods.
Impact of a Drink Driving Conviction
A drink
driving conviction can have far-reaching consequences:
• Driving Privileges: Disqualification periods
disrupt work, family, and personal commitments, especially for professional
drivers.
• Employment: A criminal record may affect jobs
requiring police checks, such as teaching or government roles.
• Financial Costs: Fines, interlock costs, legal
fees, and increased insurance premiums can total thousands of dollars.
• Travel: Convictions may complicate visa
applications for countries like Canada or the USA.
• Reputation: A recorded conviction can impact
personal and professional relationships.
Our traffic
lawyers in Sydney prioritise Section 10 dismissals to
avoid these consequences, preserving your record and licence.
How to Respond to a Drink Driving Charge
If
you’ve been charged with drink driving:
1. Seek Legal Advice Immediately: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or
call 0427 101 499 or 02 9793 7016 for a free initial
consultation to assess your case.
2. Preserve Evidence: Collect receipts, witness
contacts, or dashcam footage to support defences like post-driving consumption
or mistaken identity.
3. Exercise Your Rights: Remain silent during police
questioning.
4. Prepare for Court: Gather character references,
complete the TOIP, or document hardship.
5. Act Promptly: Meet court deadlines (e.g., 28 days
to elect court for infringement notices) to avoid default convictions.
Why Choose Nicopoulos Sabbagh Lawyers?
A drink
driving charge requires expert legal support to minimise its impact.
At Nicopoulos Sabbagh Lawyers Criminal
Defence & Traffic Lawyers, we offer:
• Specialised Expertise: Extensive experience in traffic
law and criminal law, defending thousands of drink
driving cases across Sydney courts like Downing Centre, Parramatta,
Blacktown, and Burwood.
• Proven Results: Success in securing Section 10
dismissals, acquittals, and reduced disqualifications for clients.
• Client-Centred Approach: Tailored strategies to
avoid convictions, preserve licences, or mitigate penalties.
• 24/7 Support: Available around the clock for urgent
advice during arrests or court deadlines.
• Community Focus: Our Sydney-based firm educates
and protects the community, as seen in our engaging Instagram Reels on
drink driving laws.
Frequently Asked Questions About Drink Driving Penalties in NSW
1.
What is the Penalty for Low-Range Drink Driving in NSW?
For a
first offence, penalties include a $2,200 fine, 3–6 months
disqualification, or a $604 infringement notice with 10
demerit points. A Section 10 dismissal or a Conditional Release Order
without recording of a conviction can avoid penalties.
2. Can I Avoid a Licence Disqualification for Drink Driving?
Yes, a
Section 10 dismissal or a Conditional Release Order without
recording of a conviction prevents disqualification, especially for
low-range PCA with strong mitigation. Our traffic lawyers advocate
for this outcome.
3. What is the Alcohol Interlock Program?
Mandatory
for mid-range, high-range, or DUI convictions, it requires an interlock device
for 12–48 months post-disqualification, costing around $2,200
annually.
4. Can I Defend a Drink Driving Charge?
Yes,
defences like honest and reasonable mistake, challenging evidence,
or home safe can lead to dismissals. Your lawyer will analyse
evidence to assess whether a defence exists in your case.
5. How Long Does a Drink Driving Case Take?
Court
matters typically resolve in 2–6 months in the Local Court,
depending on complexity. Our traffic lawyers expedite cases where
possible.
The Broader Context: Road Safety in NSW
Drink
driving remains a critical issue, with NSW Police reporting 1,200
alcohol-related crashes in 2023–2024, causing over 100 fatalities. The NSW
Government’s Road Safety Plan 2026 aims to reduce these incidents
through increased roadside testing, harsher penalties, and rehabilitation
programs like the TOIP, which BOCSAR found reduces
reoffending by 15%. However, the strict laws also raise concerns about
fairness, particularly for first-time offenders facing significant penalties.
Skilled legal representation is essential to balance road safety with
individual rights.
Contact Nicopoulos Sabbagh Lawyers Today
A drink
driving charge can disrupt your life, but you don’t have to face it
alone. At Nicopoulos Sabbagh Lawyers
Criminal Defence & Traffic Lawyers, our traffic lawyers in Sydney provide
expert defence, securing Section 10 dismissals, acquittals, or reduced
penalties to protect your licence and future. With our deep expertise in traffic
law and criminal law, we’ll guide you through every step with
precision and care.
Don’t
let a charge define you. Contact Nicopoulos
Sabbagh Lawyers today at info@nslaw.net.au, call 0427 101
499 or 02 9793 7016, or visit www.nslaw.net.au for
a free consultation. Let our Sydney criminal law firm, one of the
best in NSW, fight for your justice and peace of mind.
Why
Choose Nicopoulos Sabbagh 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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questions, so be sure to contact your
Sydney Lawyers, Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 25th May 2025.
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