What Happens if You Get Caught Drink Driving on a Work Visa in Australia?

Drink driving, formally known as driving with a prescribed concentration of alcohol (PCA) in New South Wales (NSW), is a serious traffic offence that can have far-reaching consequences, especially for individuals on a work visa in Australia. If you’re caught drink driving while holding a work visa, the repercussions extend beyond fines and licence suspension—they can jeopardise your visa status, potentially leading to cancellation or deportation. As international workers contribute significantly to Australia’s economy, understanding the legal implications of drink driving is crucial to safeguarding your stay and career. 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 and navigate immigration-related issues in Sydney. As leading Sydney based criminal lawyers and traffic law specialists, we are committed to protecting your rights and achieving the best possible outcome in NSW courts.

In this comprehensive article, we explore what happens if you get caught drink driving on a work visa in Australia, detailing the legal framework, penalties, visa implications, defences, and how a lawyer can help mitigate or dismiss charges.

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 primarily regulated by the Road Transport Act 2013, which prohibits driving or attempting to drive a vehicle with a BAC above the legal limit (section 110). The legal BAC limits vary by driver type:

• Full licence holders: Under 0.05.
• Learner, provisional (P1/P2), and special category drivers (e.g., bus/truck drivers): 0.00 (zero tolerance).

Offences are categorised as novice-range (BAC > 0.00 for learners/P1/P2), special-range (BAC > 0.00 for professionals), low-range (0.05–0.079), mid-range (0.08–0.149), and high-range (0.15 or above). Related offences include driving under the influence (DUI) without a specific BAC (section 112) and refusing a breath test (section 15).

NSW Police enforce these laws through random breath testing (RBT), with breath analysis conducted within two hours. As of August 21, 2025, updates from the Road Safety Plan 2021 have increased RBT operations and mandatory interlock programs for serious offences. Cases are heard in the Local Court (e.g., Downing Centre Local Court, Parramatta Local Court, Liverpool Local Court, or Bankstown Local Court),

Immigration Laws & Work Visas

Work visas in Australia, such as the Temporary Skill Shortage visa (subclass 482) or Employer Sponsored visa (subclass 494), are governed by the Migration Act 1958 (Cth). Under section 501, visas can be cancelled if the holder fails the character test, which includes having a “substantial criminal record.” A substantial criminal record is defined as:

• A sentence of 12 months or more imprisonment.
• Multiple sentences totalling 12 months or more.
• Convictions for offences involving violence or drugs.

Drink driving convictions can constitute a substantial criminal record if penalties include imprisonment or multiple fines. The Department of Home Affairs assesses visa holders’ conduct, and a conviction can lead to visa cancellation or refusal of renewal.

Criminal Penalties for Drink Driving in NSW

Drink driving penalties in NSW are based on BAC level and whether it’s a first or subsequent offence within five years. As of August 21, 2025, penalties include fines (one penalty unit = $110), licence disqualification, imprisonment, and mandatory interlock programs (section 211).

Low-Range PCA (BAC 0.05–0.079)

• First Offence: Up to $2,200 fine, 6-month disqualification (min. 3 months).
• Subsequent Offence: Up to $3,300 fine, 9 months imprisonment, 12-month disqualification (min. 1 month with interlock).

Mid-Range PCA (BAC 0.08–0.149)

• First Offence: Up to $2,200 fine, 9 months imprisonment, 12-month disqualification (min. 6 months or 3 months with interlock).
• Subsequent Offence: Up to $3,300 fine, 12 months imprisonment, 3-year disqualification (min. 12 months or 6 months with interlock).

High-Range PCA (BAC ≥ 0.15)

• First Offence: Up to $3,300 fine, 18 months imprisonment, 3-year disqualification (min. 12 months or 6 months with 24-month interlock).
• Subsequent Offence: Up to $5,500 fine, 2 years imprisonment, 5-year disqualification (min. 2 years or 9 months with 48-month interlock).

DUI (Impairment without BAC)

• First Offence: Up to $3,300 fine, 18 months imprisonment, 3-year disqualification (min. 12 months).
• Subsequent Offence: Up to $5,500 fine, 2 years imprisonment, 5-year disqualification (min. 2 years).

Refusing a Breath Test

• Treated as high-range PCA (section 15), with penalties matching high-range offences.

Interlock devices cost $2,200–$2,500 annually and prevent the vehicle from starting if BAC > 0.00.

Criminal Record: Convictions remain for 10 years (3 for juveniles) unless spent (Criminal Records Act 1991).

Immigration Consequences for Work Visa Holders

For work visa holders, a drink driving conviction can trigger immigration issues under the Migration Act 1958 (Cth):

1. Character Test Failure (section 501): A “substantial criminal record” (e.g., imprisonment of 12 months or more, or cumulative sentences of 12 months) can lead to visa cancellation.
2. Visa Cancellation: The Department of Home Affairs may cancel your visa if you fail the character test, even for non-violent offences like drink driving if penalties are severe.
3. Deportation: Cancellation can result in deportation, especially if you’re on a temporary work visa like subclass 482 or 494.
4. Visa Renewal or Permanent Residency: Convictions can prevent renewal or permanent residency applications, as they affect the character requirement.
5. Reporting Obligations: Visa holders must report criminal convictions to the Department of Home Affairs within 28 days (section 501).

Reporting & Mitigation

• Notify the Department of Home Affairs immediately upon conviction.
• A Sydney criminal lawyer can argue for a section 10 dismissal or Conditional Release Order (CRO) to avoid a conviction, preserving your visa status.

Civil Liability for Drink Driving Accidents

If drink driving leads to an accident, civil liability may arise under the Civil Liability Act 2002:

• Personal Injury Claims: Victims can sue for damages, including medical costs, lost income, and pain/suffering.
• Property Damage: Liability for vehicle repairs or property damage.
• Insurance: Policies often exclude coverage for drink driving, leaving you personally liable (Motor Accidents Compensation Act 1999).

Defences to Drink Driving Charges

A Sydney criminal defence lawyer can raise defences (only if applicable) to avoid conviction:

• Unlawful Testing: Lack of reasonable grounds (section 36, LEPRA).
• Testing Errors: Breathalyser malfunction or two-hour rule violation (section 14).
• Medical Conditions: False positives from diabetes or medication.
• Necessity: Driving to avoid harm.
• Mental Health Diversion: Treatment under section 14, Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

These can lead to dismissals or non-conviction outcomes like section 10(1)(a) dismissal or CRO under the Crimes (Sentencing Procedure) Act 1999.

How a Sydney Criminal Lawyer Helps Work Visa Holders

At Nicopoulos Sabbagh Lawyers, we:

• Assess Defences: Identify grounds to dismiss charges (e.g., testing errors).
• Secure Favourable Outcomes: Advocate for section 10 dismissals or CROs to avoid records affecting visas.
• Negotiate Plea Deals: Reduce charges or secure withdrawals.
• Present Mitigating Factors: Highlight remorse, TOIP completion ($150–$200), or hardship.
• Handle Immigration Issues: Liaise with immigration lawyers to address visa risks.
• Appeal Suspensions/Convictions: Challenge police suspensions (section 267) or court penalties (Crimes (Appeal and Review) Act 2001).
• Navigate Courts: Manage cases amidst disruptions like the Downing Centre closure.

Example: We secured a section 10 dismissal for a work visa holder charged with low-range PCA, preventing a conviction and visa cancellation.

The Court Process for Drink Driving Charges

The process typically involves:

1. Arrest or Court Attendance Notice (CAN): Immediate suspension for high-range PCA (section 224).
2. Bail Application: A lawyer applies for bail (Bail Act 2013).
3. Court Mention: Enter a plea in the Local Court.
4. Hearing or Sentencing:
   1. Not Guilty: The court examines evidence to determine guilt.
   1. Guilty/Convicted: The magistrate imposes penalties, considering mitigating factors like TOIP completion.
5. Appeals: Challenge outcomes in the District Court within 28 days (Crimes (Appeal and Review) Act 2001).

Steps to Take if Caught Drink Driving on a Work Visa

1. Engage a Lawyer: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au for immediate advice.
2. Exercise Right to Silence: Avoid statements to police without legal advice (section 89, Evidence Act 1995).
3. Gather Evidence: Collect medical records or witness statements to support defences.
4. Notify Immigration: Report the charge to the Department of Home Affairs within 28 days.
5. Complete TOIP: Enrol in the Traffic Offender Intervention Program to show reform.
6. Prepare for Court: Work with your lawyer to build a defence or mitigation case.
7. Appeal if Necessary: Challenge convictions or suspensions within 28 days.

Why Choose Nicopoulos Sabbagh Lawyers?

We offer:

• Specialised Expertise: Deep knowledge of the Road Transport Act 2013 and Migration Act 1958 (Cth).
• Proven Results: Securing dismissals and non-conviction outcomes for work visa holders.
• 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

Getting caught drink driving on a work visa in Australia can lead to criminal penalties like fines up to $5,500, disqualification up to 5 years, and imprisonment up to 2 years, plus immigration risks like visa cancellation under section 501. Defences and non-conviction outcomes can mitigate these consequences. At Nicopoulos Sabbagh Lawyers, our Sydney criminal lawyers and traffic law specialists provide expert representation to protect your visa 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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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 21^st 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}