Being caught drink driving twice in New South Wales (NSW) within a five-year period classifies you as a repeat offender, triggering significantly harsher penalties under the state’s stringent road safety laws. The consequences of a second drink driving offence, also known as a prescribed concentration of alcohol (PCA) offence, can include substantial fines, extended licence disqualification, mandatory interlock programs, and even imprisonment. These penalties reflect NSW’s zero-tolerance approach to repeat drink driving, which contributes to 21% of road fatalities in Australia (2022 data). For repeat offenders, the stakes are high, affecting employment, personal responsibilities, and future opportunities. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to defend repeat drink driving charges in Sydney. As leading Sydney criminal lawyers and traffic law specialists, we are dedicated to protecting your rights and securing the best possible outcome in NSW courts.
In this comprehensive guide, we explore what happens if you’re caught drink driving twice in NSW, detailing the legal framework, penalties for repeat offenders, potential defences, and how a lawyer can help mitigate or avoid severe 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 Repeat Drink Driving Offences in NSW.
Drink driving offences in NSW are governed by the Road Transport Act 2013, primarily section 110, which categorises PCA offences based on blood alcohol concentration (BAC) levels. Additional offences include driving under the influence (DUI) without a specific BAC (section 112) and refusing a breath test (section 15). A repeat offence occurs when a driver is convicted of a second PCA, DUI, or related offence within five years, as defined in the Act. NSW Police enforce these laws through random breath testing (RBT) under section 13, with breath analysis conducted within two hours (section 14).
As of August 20, 2025, updates from the Road Safety Plan 2021 have strengthened penalties, introducing mandatory interlock programs for most repeat offenders and increasing RBT operations. Cases are heard in the Local Court e.g., Parramatta Local Court, Liverpool Local Court, Campbelltown Local Court & the Downing Centre Local Court.
Why Repeat Offenders Face Harsher Penalties
Repeat drink driving offences indicate a pattern of risky behaviour, justifying stricter consequences to protect public safety. The law assumes repeat offenders pose a greater risk, with mandatory interlock orders and longer disqualifications aimed at preventing further incidents. Courts also consider aggravating factors, such as high BAC levels or endangering others, under section 21A of the Crimes (Sentencing Procedure) Act 1999.
Penalties for Repeat Drink Driving Offences in NSW
Penalties for a second drink driving offence within five years are significantly harsher than for a first offence, reflecting the seriousness of recidivism. Penalties depend on the offence category, BAC level, and court discretion. Below are the penalties under the Road Transport Act 2013 as of August 20, 2025 (one penalty unit = $110).
1. Low-Range PCA (BAC 0.05–0.079)
- Fine: Up to $3,300 (30 penalty units).
- Licence Disqualification:
- Automatic: 12 months.
- Minimum: 1 month (with a 12-month mandatory interlock order).
- Imprisonment: Up to 9 months.
- Mandatory Interlock: Required unless exempted (section 211).
- Demerit Points: 3–5 points.
2. Mid-Range PCA (BAC 0.08–0.149)
- Fine: Up to $3,300.
- Licence Disqualification:
- Automatic: 3 years.
- Minimum: 12 months (or 6 months with a 24-month interlock order).
- Imprisonment: Up to 12 months.
- Mandatory Interlock: Required.
- Demerit Points: 3–5 points.
3. High-Range PCA (BAC ≥ 0.15)
- Fine: Up to $5,500 (50 penalty units).
- Licence Disqualification:
- Automatic: 5 years.
- Minimum: 2 years (or 9 months with a 48-month interlock order).
- Imprisonment: Up to 2 years.
- Mandatory Interlock: Required, with no exemption option.
- Demerit Points: 5 points.
4. Novice-Range PCA (BAC > 0.00 for Learners/P1/P2)
- Fine: Up to $3,300.
- Licence Disqualification:
- Automatic: 12 months.
- Minimum: 1 month (with a 12-month interlock order).
- Imprisonment: Up to 9 months.
- Mandatory Interlock: Required.
- Demerit Points: 3–5 points.
5. Special-Range PCA (BAC > 0.00 for Professional Drivers)
- Fine: Up to $3,300.
- Licence Disqualification:
- Automatic: 12 months.
- Minimum: 1 month (with a 12-month interlock order).
- Imprisonment: Up to 9 months.
- Mandatory Interlock: Required.
- Demerit Points: 3–5 points.
6. Driving Under the Influence (DUI) – Alcohol-Related
- Fine: Up to $5,500.
- Licence Disqualification:
- Automatic: 5 years.
- Minimum: 2 years (or 9 months with a 48-month interlock order).
- Imprisonment: Up to 2 years.
- Mandatory Interlock: Required for alcohol-related DUI.
7. Refusing a Breath Test
Treated as equivalent to high-range PCA (section 15):
- Fine: Up to $5,500.
- Licence Disqualification:
- Automatic: 5 years.
- Minimum: 2 years (or 9 months with a 48-month interlock order).
- Imprisonment: Up to 2 years.
- Mandatory Interlock: Required.
Interlock Program Details
- Cost: $2,200–$2,500 annually (installation, maintenance, monitoring).
- Operation: An interlock device requires a breath test (BAC 0.00) to start the vehicle and periodic rolling tests, with data reported to TfNSW.
- Violations: Failed tests or tampering can extend the interlock period or trigger further disqualification (section 215).
Example: A repeat mid-range PCA offender faces a 3-year automatic disqualification, reducible to 6 months with a 24-month interlock order, plus a $3,300 fine and up to 12 months’ imprisonment.
Additional Consequences
- Criminal Record: Remains for 10 years (3 for juveniles) unless spent under the Criminal Records Act 1991, impacting employment and travel.
- Demerit Points: Can trigger suspensions for unrestricted (13 points), P2 (7 points), or P1/learner (4 points) drivers.
- Insurance Premiums: Significant increases post-conviction.
- Licence Progression: Delays P1/P2 drivers’ progression to unrestricted licences.
- Employment: Loss of jobs requiring driving or background checks.
- Driver Knowledge Test: Required for repeat offenders to regain a licence.
The Court Process for Repeat Drink Driving Offences
Repeat drink driving offences require a mandatory Local Court appearance:
- Arrest or Court Attendance Notice (CAN): Issued for PCA, DUI, or breath test refusal. High-range PCA or refusal triggers immediate suspension (section 224).
- Bail Application: A lawyer applies for bail if arrested (Bail Act 2013).
- Court Mention: Enter a guilty or not guilty plea. Guilty pleas may proceed to sentencing; not guilty pleas schedule a hearing.
- Hearing or Sentencing:
- Not Guilty: The court examines evidence (e.g., breath test results, police statements).
- Guilty/Convicted: The magistrate imposes penalties, considering aggravating factors (e.g., repeat offence) and mitigating factors (e.g., Traffic Offender Intervention Program (TOIP) completion, $150–$200).
- Appeals: Challenge convictions or penalties in the District Court within 28 days (Crimes (Appeal and Review) Act 2001).
Note: The Downing Centre Local Court closure until late 2025 redirects cases to nearby courts.
Defences to Repeat Drink Driving Charges
A Sydney criminal defence lawyer can raise defences to avoid conviction or reduce penalties:
- Unlawful Testing: Lack of reasonable grounds for RBT (section 36, Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)).
- Testing Errors: Breathalyser malfunction or violation of the two-hour rule (section 14).
- Medical Conditions: False positives from diabetes or medication.
- Necessity: Driving to avoid immediate harm.
- Mental Health Diversion: Treatment under section 14, Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
These defences can lead to charge dismissals or reduced charges (e.g., high-range to mid-range PCA).
Avoiding or Reducing Penalties for Repeat Offenders
While penalties for repeat offenders are severe, options to mitigate consequences include:
- Section 10 Dismissal or CRO:
- A section 10(1)(a) dismissal or Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999 avoids conviction, disqualification, and interlock requirements. Less likely for repeat offenders but possible with strong mitigation (e.g., TOIP completion, rehabilitation evidence).
- Appeal Police Suspensions:
- Challenge immediate suspensions in the Local Court within 28 days (section 267), arguing procedural errors or hardship.
- Interlock Exemption:
- Apply for exemptions due to medical (e.g., respiratory issues) or practical reasons (e.g., no vehicle access), though this extends disqualification (section 212).
- Appeal Convictions:
- Appeal to the District Court within 28 days to challenge the conviction or penalty severity.
- Mitigating Factors:
- Present remorse, TOIP completion, or rehabilitation (e.g., counselling) to reduce penalties.
How a Sydney Criminal Lawyer Helps Repeat Offenders
At Nicopoulos Sabbagh Lawyers, we:
- Assess Defences: Identify grounds to dismiss or reduce charges.
- Negotiate Plea Deals: Secure lesser charges or charge withdrawals.
- Secure Favourable Outcomes: Advocate for section 10 dismissals or CROs.
- Apply for Exemptions: Argue for interlock exemptions.
- Appeal Suspensions/Convictions: Challenge police or court decisions.
- Navigate Courts: Manage cases amidst disruptions like the Downing Centre closure.
Example: We reduced a repeat Drink Driving offender’s disqualification, avoiding imprisonment.
Steps to Take if Charged as a Repeat Offender
- Engage a Lawyer: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au.
- Exercise Right to Silence: Avoid statements to police without legal advice (section 89, Evidence Act 1995).
- Gather Evidence: Collect medical records, character references, or TOIP certificates.
- Prepare for Court: Build a defence or mitigation case with your lawyer.
- Complete TOIP: Show reform through the program.
- Appeal if Necessary: Challenge suspensions or convictions within 28 days.
Why Choose Nicopoulos Sabbagh Lawyers?
We offer:
- Specialised Expertise: Deep knowledge of the Road Transport Act 2013.
- Proven Results: Securing reduced penalties 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
Being caught drink driving twice in NSW within five years leads to severe penalties, including fines up to $5,500, disqualifications up to 5 years, mandatory interlock orders, and potential imprisonment. Defences, non-conviction outcomes, or appeals can mitigate these consequences. At Nicopoulos Sabbagh Lawyers, our Sydney criminal lawyers and traffic law specialists provide expert representation to protect 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 assistance.
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*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