As experienced legal professionals at Nicopoulos Sabbagh Lawyers, we understand the importance of staying informed about the legal nuances that affect our clients. In NSW, understanding the distinctions between drink driving and DUI (driving under the influence) is crucial, as the consequences and legal processes for each can vary significantly. In this blog post, we aim to shed light on the differences between these two terms and provide clarity for those navigating the complex landscape of criminal law & traffic law in NSW.


Drink Driving in NSW?


In NSW, the term "drink driving" typically refers to the offence of operating a motor vehicle while under the influence of alcohol. This offence is commonly associated with exceeding the legal blood alcohol concentration (BAC) limit while driving. The legal BAC limit for most drivers in NSW is 0.05%.


If a driver is found to have a BAC in excess of the legal limit, they can be charged with a drink driving offence. The penalties for drink driving can range from fines, licence suspension, licence disqualification to imprisonment, depending on the severity of the offence and whether the driver has prior convictions for similar offences and many other factors.


‘DUI’ in NSW


On the other hand, "DUI" in NSW generally refers to driving under the influence of drugs, whether illicit substances or prescription medication. It’s important to note that the term "driving under the influence" is not limited to alcohol and encompasses impairment caused by drugs as well.


Similar to drink driving, driving under the influence of drugs is a serious offence in NSW and can lead to significant legal repercussions. Police officers in NSW are authorized to conduct roadside drug testing to detect the presence of illicit substances in a driver’s system. If a driver is found to be driving under the influence of drugs, they can face penalties such as fines, licence disqualifications, and even imprisonment, particularly if the offence resulted in harm to others.


Key Differences


The primary distinction between drink driving and DUI in NSW lies in the substances that cause impairment. While drink driving specifically relates to operating a vehicle with a blood alcohol concentration above the legal limit, DUI encompasses impairment from any substance, including drugs.


It’s important to note that both drink driving and DUI offences carry severe consequences, and individuals facing such charges should seek legal advice to navigate the intricate legal processes and obtain the best possible advice as to how they should deal with their matter.


Seeking Legal Assistance


If you or someone you know has been charged with drink driving or DUI in NSW, it’s crucial to seek legal advice from a qualified and experienced lawyer. At Nicopoulos Sabbagh Lawyers, we specialize in providing effective legal representation for individuals facing criminal charges or even traffic-related offences. Our team is dedicated to safeguarding the rights of our clients and working tirelessly to achieve the best possible outcomes in their cases.


In conclusion, understanding the differences between drink driving and DUI in NSW is essential for anyone navigating the legal ramifications of impaired driving. By staying informed and seeking professional legal guidance, individuals can effectively address these serious charges and work toward resolving their legal matters with the assistance of skilled legal professionals.


If you require legal assistance with a drink driving or DUI matter in NSW, do not hesitate to contact us via email on for personalized and knowledgeable legal support.


Why Should you Choose Nicopoulos Sabbagh Lawyers to represent you in your Court Case?


Nicopoulos Sabbagh Lawyers a reputable Law Firm is the leading Law firm in both Criminal Law & Traffic Law matters. Nicopoulos Sabbagh Lawyers has dealt with the most complex matters and our office appears in all Jurisdictions in Criminal Law.


No matter is too complex for the team so be sure to book your first Free Consultation today!


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 Nicopoulos Sabbagh Lawyers.


*This article correctly reflects the Laws of NSW as at 14th February 2024.


*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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