Drink Driving Offences & Penalties

Drink Driving Offences in NSW

Drink driving is a serious offence in New South Wales, with the severity of penalties influenced by the level of intoxication and other aggravating factors. The courts and the community view drink driving as a significant risk to public safety, leading to strict penalties and enforcement measures.

Recent changes to legislation have introduced harsher penalties, including the mandatory Alcohol Interlock Program for repeat offenders or first time middle or high range offenders. If convicted of a drink driving offence in NSW, you may face license disqualification, fines, a criminal record, and in serious cases, imprisonment.

However, it is possible to avoid a conviction and license disqualification in NSW by either:
1. Pleading Not Guilty – If the charge is dismissed at a defended hearing.
2. Pleading Guilty & Seeking a Section 10 Dismissal or a Conditional Release Order (Section 9(1)(b) – A court may decide not to record a conviction under certain circumstances.

Below is a breakdown of drink driving offences in NSW:
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Prescribed Concentration of Alcohol (PCA) Offences in NSW

PCA offences are based on Blood Alcohol Concentration (BAC) limits, as outlined in Section 108 of the Road Transport Act 2013:
• Novice Range: 0.00 – 0.019
• Special Range: 0.02 – 0.049
• Low Range: 0.05 – 0.079
• Mid Range: 0.08 – 0.149
• High Range: 0.150+
PCA offences are prosecuted under Section 110 of the Road Transport Act 2013.
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Novice Range Drink Driving (NSW)

A Novice Range PCA offence applies to drivers with a zero BAC requirement, such as learner or provisional drivers. Even a small amount of alcohol can result in a charge under Section 110(1) of the Road Transport Act 2013:
110(1) Novice range presence of prescribed concentration of alcohol in person’s breath or blood
(a) Drive a motor vehicle, or
(b) Occupy the driving seat and attempt to put the vehicle in motion.
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Special Range Drink Driving (NSW)

A Special Range PCA offence applies to:
• Learner & Provisional drivers
• Unlicensed, suspended, or disqualified drivers
• Commercial drivers (e.g., taxis, buses, and heavy vehicles)
If your BAC is 0.02 – 0.049, you may be charged under Section 110(2) of the Road Transport Act 2013.
110(2) Special range presence of prescribed concentration of alcohol in person’s breath or blood
(a) Drive a motor vehicle as a special category driver, or
(b) Attempt to put the vehicle in motion.
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Low Range Drink Driving (NSW)

A Low Range PCA offence (BAC 0.05 – 0.079) is one of the most common drink driving offences in NSW. Despite the lower BAC, it is still treated seriously by the courts.
Penalties include fines, license disqualification, and a criminal record. However, a Section 10 dismissal may be possible in certain cases.
110(3) Low range presence of prescribed concentration of alcohol in person’s breath or blood
(a) Drive a motor vehicle, or
(b) Attempt to put the vehicle in motion.
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Mid Range Drink Driving (NSW)

A Mid Range PCA offence (BAC 0.08 – 0.149) is considered dangerous, as drivers in this range are moderately affected by alcohol.
Courts impose harsher penalties for mid-range offences, making it more difficult to obtain a Section 10 dismissal.
110(4) Middle range presence of prescribed concentration of alcohol in person’s breath or blood
(a) Drive a motor vehicle, or
(b) Attempt to put the vehicle in motion.
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High Range Drink Driving (NSW)

A High Range PCA offence (BAC 0.150+) is one of the most serious drink driving charges.
Drivers in this category are considered significantly impaired, posing an extreme risk to public safety. Courts rarely grant leniency, and penalties often include imprisonment.
110(5) High range presence of prescribed concentration of alcohol in person’s breath or blood
(a) Drive a motor vehicle, or
(b) Attempt to put the vehicle in motion.
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Drive Under the Influence (DUI) NSW

Unlike PCA offences, a DUI charge is based on police observations rather than a breath or blood test.
This offence applies when a breath test is not possible (e.g., at a person's residence) and is prosecuted under Section 112 of the Road Transport Act 2013:
112 Use or attempted use of a vehicle under the influence of alcohol or any other drug
(a) Drive a vehicle, or
(b) Attempt to put the vehicle in motion.
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Wilfully Alter Blood Alcohol Concentration (NSW)

It is illegal to alter your BAC reading before a police breath test. This includes:

• Drinking after an accident to manipulate BAC results

• Consuming substances to mask alcohol levels

This offence is prosecuted under Schedule 3, Part 2, Section 18 of the Road Transport Act 2013:

18 Offences—wilful introduction or alteration of concentration or amount of alcohol or other drugs

(a) Alter BAC between the time of driving and testing.

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Refusing a Breath Test or Breath Analysis (NSW)

• Breath Test: A roadside test used as an initial screening.

• Breath Analysis: A more accurate test conducted at a police station or mobile unit.

Refusing or failing to provide a sample carries the same penalties as a high-range PCA offence.

Penalties may include:

• Automatic license disqualification

• Fines

• Criminal record

• Possible imprisonment

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If you’ve been charged with a drink driving offence in NSW, it’s important to seek legal advice as soon as possible.

At NSW DUI Lawyers, we have extensive experience in:

• Defending drink driving charges

• Reducing penalties and license disqualifications

• Seeking Section 10 dismissals where possible

Drink Driving Penalties in NSW

Drink driving and related alcohol-related traffic offences are among the most commonly prosecuted offences in New South Wales and across many Western countries. In NSW, Local Courts deal with a high volume of these cases daily, reflecting the widespread nature of the issue.

While many offenders have no prior criminal record or traffic history, drink driving is still treated with seriousness by both the courts and the community. This is because alcohol-impaired driving puts lives at risk, often leading to tragic consequences.

The NSW Government has introduced some of the toughest penalties in Australia to deter and punish offenders. These include hefty fines, mandatory disqualification periods, criminal convictions, and, in severe cases, imprisonment.

Below, you’ll find a detailed breakdown of penalties and sentencing options for various drink driving offences in NSW.
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DUI Penalties in NSW (Based on BAC Levels)

*Alcohol ONLY DUI offences subject to mandatory interlock orders

Other Drink Driving Offences in NSW

Driving Under the Influence (DUI) – No BAC Test Required
Unlike PCA offences, which are based on a breath or blood alcohol test, a DUI charge relies on police observations. If an officer believes a driver is intoxicated based on behaviour—such as slurred speech, bloodshot eyes, impaired coordination, or erratic driving—they can lay a DUI charge.

Legislation Reference: Section 112 of the Road Transport Act 2013
112 – Use or attempted use of a vehicle under the influence of alcohol or any other drug
(1) A person must not, while under the influence of alcohol or drugs:
(a) Drive a vehicle, or
(b) Attempt to put a vehicle in motion, or
(c) As a licensed driver, sit next to a learner driver operating a vehicle.
Police commonly use DUI charges when a person is suspected of drink driving but no formal BAC reading is available, such as when the driver is found at home after an accident.
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Refusing a Breath Test in NSW

Police have the authority to conduct random breath tests (RBTs). If a driver refuses or fails to provide a breath sample, they can be charged under Section 16(1)(a) of the Road Transport Act 2013.

16(1) A person must not, when required by a police officer, refuse or fail:

(a) To submit to a breath test under Division 2 in accordance with the officer’s directions.
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Refusing a Breath Analysis in NSW

Refusing a breath analysis is a more serious offence than refusing an initial breath test. Under Section 16(1)(b) of the Road Transport Act 2013, drivers who fail to provide a sample for breath analysis at a police station or mobile unit can face penalties equivalent to a High Range PCA offence.

16(1) A person must not, when required by a police officer, refuse or fail:
(b) To submit to a breath analysis under Division 2 in accordance with the officer’s directions.
Drivers are typically given three attempts to provide a sample before being charged.
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Wilfully Altering Blood Alcohol Concentration

Drivers who consume alcohol or other substances after being stopped by police—or following an accident—to manipulate BAC results can be charged under Schedule 3, Part 2, Section 18 of the Road Transport Act 2013.

18 – Offences involving wilful alteration of alcohol concentration
(1) A person must not wilfully:
(a) Alter their blood alcohol concentration between the time of driving and the time of testing.
A common example includes drinking alcohol after a crash and claiming the alcohol was consumed after driving, rather than before.
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Second or Subsequent Major Traffic Offence in NSW

If a driver has been convicted of a major traffic offence within the last 5 years, courts must apply harsher penalties for repeat offences.

Legislation Reference: Road Transport Act 2013

A "Major Offence" includes:
• Drink driving (any PCA level)
• Driving under the influence of alcohol or drugs (DUI)
• Refusing a breath analysis
• Negligent, reckless, or dangerous driving
• Failing to stop after an accident causing injury
If convicted of a second offence within 5 years, expect increased fines, longer disqualification periods, and potential imprisonment.
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Drink Driving Penalties – Summary

Drink driving offences in NSW are taken extremely seriously by both courts and the community. Convictions can affect your ability to drive, employment prospects, and personal life.

Given the strict penalties and complex legal system, seeking expert legal representation is crucial to achieving the best possible outcome.

Our specialist DUI lawyers can help you:
• Understand your legal options
• Defend against drink driving charges
• Seek reduced penalties or Section 10 dismissals

Call us now for a FREE consultation!
1300 941 900

Meet Our DUI Lawyer

Joshua Boorman is the principal lawyer at Boorman Lawyers, he was admitted to the Supreme Court of Queensland in 2008 where he has continued to work in the area of Traffic Law in Queensland and New South Wales ever since admission.

Over the years Joshua has worked for some well known law firms in Queensland and New South Wales before starting Boorman Lawyers in 2016. Throughout his career, Joshua has appeared in all of the major legal jurisdictions. Joshua would regularly appear on his own in the Local/Magistrates, District and Supreme Court and has on many occasions instructed Junior and Senior Counsel in the Court of Appeal. Joshua has even been involved in instructing Counsel at the High Court which is a jurisdiction that most lawyers rarely get to appear in.

Joshua is an experienced, hard working and honest professional who constantly obtains the best results for his clients. Please feel free to contact Joshua today to discuss your matter with him - 1300 941 900 or jboorman@boormanlawyers.com.au

Our Approach

We are a results focussed firm that is interested in seeking the best possible outcome for our clients DUI and traffic law cases in New South Wales.

We believe that a combination of our experience in appearing 1,000's of DUI cases puts us in the best position to be able to deal with any DUI cases that comes our way. We also pride ourselves on being extremley knowledgable in the area of Traffic Law in New South Wales.

Having this knowledge and experience doesn't mean anything unless we are able to work hard to prepare a quality legal case to present to the Court on your behalf. Our philosophy is to work hard and prepare well for our clients. This allows us to put our clients best foot forward in achieving the best outcome possible.

To find out more about the situation you may find yourself in then feel free in contacting us today to discuss your matter, alternatively you may wish to read up on some of the most common and important issues surrounding drink and drug driving in New South Wales which you should be aware of if you have been charged with a DUI or serious traffic offence in NSW.

DUI ISSUES

Drink Driving Offences/Penalties

There are a range of different drink driving categories that exist in Qld.

Drug Driving Offences/Penalties

Drug driving offences have become prevalent in recent times & attract serious penalties.

Court Process

What you need to know about going to Court and dealing with a DUI charge in New South Wales.

No Conviction

In some rare circumstances you MAY be able to avoid a criminal conviction for certain DUI & traffic offences.

Licence Suspension Appeal

Losing your licence from a low range DUI, drive with drug present or high range speeding there you MAY be in a situation where you can Appeal the suspension.

Courts We Attend

We are capable of attending any Courthouse in the state of Queensland.

NSW Traffic Law Topics

Our lawyers are experienced in all areas of New South Wales traffic law. See some of the more common topics and offences below that we can assist you with.

Avoid A Conviction

Here we look at how you can seek to avoid a conviction being recorded

NSW Alcohol Interlock Laws

New tougher Interlock Laws have been instroduced into

Immediate Police Suspension

Appeal Immediate Police Suspension to get back driving soon after a Low Range PCA

Disqualified Driving

Tough penalties apply to offences of disqualified driving in New South Wales

Unlicensed Driving

Different kinds of suspended or unlicenced driving offences exist with varying penalties

Beat A DUI

There are a limited number of defences that may be available to you in NSW

Legal Costs

We always try to present our clients with competitive fixed fee legal costs

Traffic Offenders Program

Traffic Offenders Program can help you learn about driver safety & reduce your penalties

Other Traffic Law Offences

There are many different types of traffic law offences we deal with

Why Choose Us?

What makes us stand out from the rest of the lawyers you may be considering

DUI Court Process

Every case is different however many rae similar & go through a similar court process

FAQs

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NSW Regional Courts

NSW Traffic Law Issues

Drink Driving Offences & Penalties

Drug Driving Offences & Penalties

Disqualified Driving Offence

Unlicensed & Suspended Driving Offences

Dangerous Driving Offences

High Range Speeding Offences & Penalties

Immediate Police Suspension Appeal

Avoiding a DUI Conviction

Alcohol Interlock Laws

Other Traffic Law Offences

How to beat a DUI offence?

NSW Traffic Offender Program

Why Choose Us?

Legal Costs

DUI Court Process

FAQs

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