Drink Driving Offences & Penalties NSW

Drink Driving Offences in NSW

Drink driving is one of the most heavily policed and prosecuted offences in New South Wales. Courts treat these matters very seriously, as alcohol-related driving poses a significant risk to public safety. The penalties you face will depend on your blood alcohol concentration (BAC), your prior record, and any aggravating circumstances.
Recent changes to NSW drink driving laws mean that even first-time offenders can face harsh consequences. This includes the mandatory Alcohol Interlock Program for mid-range, high-range, or repeat offenders. If convicted, penalties may include:
- Licence disqualification or suspension
- Heavy fines
- A criminal record
- In serious cases, imprisonment
However, it is possible in certain circumstances to avoid a conviction or licence disqualification by:
- Pleading Not Guilty – and having the charge dismissed at a defended hearing.
- Pleading Guilty and Seeking Leniency – through a Section 10 dismissal or Conditional Release Order (CRO).

Prescribed Concentration of Alcohol (PCA) Offences in NSW
PCA offences are based on your blood alcohol concentration as set out in 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+
Each range carries different penalties, but all can result in a criminal record and loss of licence.

Novice Range Drink Driving (NSW)
Applies to learner and provisional drivers who must maintain a zero BAC. Even minimal alcohol can lead to a charge under Section 110(1).

Special Range Drink Driving (NSW)
Applies to learner/provisional drivers, unlicensed drivers, disqualified drivers, and commercial drivers. BAC between 0.02 – 0.049 may result in a charge under Section 110(2).

Low Range Drink Driving (NSW)
The most common offence (0.05 – 0.079 BAC). While less serious than higher categories, penalties can still include fines, disqualification, and a criminal record. In limited cases, a Section 10 dismissal may apply.

Mid Range Drink Driving (NSW)
BAC of 0.08 – 0.149. Courts treat mid-range offences as dangerous, with penalties including longer disqualifications, larger fines, and possible community service or imprisonment.

High Range Drink Driving (NSW)
BAC of 0.150 or above. One of the most serious offences, often leading to jail terms. Courts rarely grant leniency for high-range offences.

DUI – Drive Under the Influence (NSW)
Unlike PCA charges, a DUI offence is based on police observations of impairment rather than a breath or blood test. It applies where testing is not possible (for example, at your home) and is prosecuted under Section 112.

Other Serious Drink Driving Offences in NSW
Wilfully Altering BAC – Attempting to manipulate your alcohol level before testing is an offence under Schedule 3, Part 2, Section 18.
Refusing a Breath Test or Breath Analysis – Carries the same penalties as high-range drink driving, including licence disqualification, fines, and possible imprisonment.

What To Do If You’ve Been Charged
If you’ve been charged with a drink driving offence in NSW, getting legal advice quickly is critical. At NSW DUI Lawyers, we:
- Defend drink driving and DUI charges in courts across New South Wales
- Work to reduce penalties, fines, and licence disqualifications
- Seek Section 10 dismissals or CROs where possible
Our lawyers attend courts throughout Sydney, Western Sydney, the Illawarra, Hunter Region, Northern NSW, and regional New South Wales. Wherever your case is listed, we can represent you.

Call us now for a FREE consultation!
1300 941 900

Drink Driving Penalties in NSW

Drink driving offences are among the most heavily prosecuted traffic offences in New South Wales. Local Courts across the state deal with large numbers of drink driving matters every day, reflecting how widespread the issue is.

While many people facing these charges have no prior criminal history, the courts and community still treat drink driving with utmost seriousness because of the risks it poses to public safety. Alcohol-impaired driving contributes to accidents, injuries, and fatalities across NSW, which is why penalties are severe.

The NSW Government has introduced some of the toughest drink driving penalties in Australia. These include:

- Substantial fines

- Mandatory licence disqualification

- Criminal convictions

- The Alcohol Interlock Program (for mid-range, high-range, and repeat offenders)

- In serious cases, imprisonment

Below is a detailed breakdown of penalties and related offences under the Road Transport Act 2013.

________________________________________

DUI Penalties in NSW (Based on BAC Levels)

*Alcohol ONLY DUI offences subject to mandatory interlock orders

DUI Penalties in NSW (By BAC Level)

Penalties for Prescribed Concentration of Alcohol (PCA) offences increase depending on your blood alcohol concentration (BAC). All alcohol-only DUI offences in NSW are also subject to mandatory interlock orders for repeat, mid-range, and high-range offenders.

Other Drink Driving Offences in NSW

Driving Under the Influence (DUI) – No BAC Test Required

Unlike PCA offences, which are based on breath or blood alcohol results, a DUI charge relies on police observations of intoxication (slurred speech, impaired balance, erratic driving).

- Legislation Reference: Section 112 of the Road Transport Act 2013

- Applies when no BAC test is available, such as when police locate a driver at home after an accident.

- Penalties are severe and may include licence loss, fines, and imprisonment.

Refusing a Breath Test in NSW

Police can require any driver to undertake a random breath test (RBT). Refusing this test is an offence.

- Legislation Reference: Section 16(1)(a) of the Road Transport Act 2013

- Offence: Failure or refusal to submit to a roadside breath test.

- Penalties: Fines, disqualification, and possible imprisonment.

Refusing a Breath Analysis in NSW

A breath analysis is more accurate than an RBT and is usually conducted at a police station or mobile unit. Refusing it is treated as seriously as a high-range PCA offence.

- Legislation Reference: Section 16(1)(b) of the Road Transport Act 2013

- Offence: Failure to provide a sample after being taken for analysis.

- Drivers are usually given three attempts before being charged.

- Penalties: Equivalent to high-range drink driving, including potential imprisonment.

Wilfully Altering Blood Alcohol Concentration

It is illegal to manipulate your BAC after driving to affect test results (for example, by drinking alcohol after a crash and claiming it occurred post-driving).

- Legislation Reference: Schedule 3, Part 2, Section 18 of the Road Transport Act 2013

- Penalties: Treated as a major offence, carrying severe consequences.

Second or Subsequent Major Traffic Offence in NSW

Repeat offenders face much harsher penalties.

- Legislation Reference: Road Transport Act 2013

- A major offence includes drink driving, DUI, refusing a breath analysis, negligent or dangerous driving, and failing to stop after an accident causing injury.

- If convicted of a second offence within 5 years, penalties increase substantially, with longer disqualification periods, higher fines and potential imprisonment.

Drink Driving Penalties – Summary

Drink driving penalties in NSW are designed to deter unsafe behaviour and protect the community. A conviction can impact:

- Your ability to drive

- Your employment opportunities

- Your personal reputation and future

Because penalties are strict and vary depending on your BAC and prior record, it is essential to get expert legal advice.

At NSW DUI Lawyers, we specialise in defending drink driving charges across Sydney, Western Sydney, the Illawarra, Hunter Valley, Northern NSW and regional New South Wales. Our team can:

- Explain your legal options in clear terms

- Defend charges in court

- Work to reduce penalties and licence disqualifications

- Apply for Section 10 dismissals or Conditional Release Orders where possible

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

Read through some of our most frequently asked questions that we get

Testimonials

Our NSW DUI Lawyers have a proven track record of achieving exceptional Court outcomes for our client's DUI & Traffic Law cases.

SEE MORE ONLINE REVIEWS

Contact Us For A FREE Case Consult

We are happy for you to contact us FREE of charge to have a brief chat about the situation you may be in. We can provide you with some information and discuss with you some of the likely penalties. We can also talk with you about how we can best represent you in your Court case.

Send An Enquiry

RELEVANT LINKS

NSW Metro & Larger City Courts

Albury Court DUI Lawyers
Armidale Court DUI Lawyers
Ballina Court DUI Lawyers
Bankstown Court DUI Lawyers
Batemans Bay Court DUI Lawyers
Bathurst Court DUI Lawyers
Bega Court DUI Lawyers
Belmont Court DUI Lawyers
Blacktown Court DUI Lawyers
Broken Hill Court DUI Lawyers
Burwood Court DUI Lawyers
Byron Bay Court DUI Lawyers
Camden Court DUI Lawyers
Campbelltown Court DUI Lawyers
Casino Court DUI Lawyers
Central (Sydney) Court DUI Lawyers
Cessnock Court DUI Lawyers
Coffs Harbour Court DUI Lawyers
Dubbo Court DUI Lawyers
East Maitland Court DUI Lawyers
Fairfield Court DUI Lawyers
Forster Court DUI Lawyers
Gosford Court DUI Lawyers
Goulburn Court DUI Lawyers
Grafton Court DUI Lawyers
Griffith Court DUI Lawyers
Hornsby Court DUI Lawyers
Inverell Court DUI Lawyers
Katoomba Court DUI Lawyers
Kempsey Court DUI Lawyers
Kiama Court DUI Lawyers
Lismore Court DUI Lawyers
Lithgow Court DUI Lawyers
Liverpool Court DUI Lawyers
Maitland Court DUI Lawyers
Manly Court DUI Lawyers
Milton Court DUI Lawyers
Moruya Court DUI Lawyers
Moss Vale Court DUI Lawyers
Murwillumbah Court DUI Lawyers
Muswellbrook Court DUI Lawyers
Newcastle Court DUI Lawyers
Nowra Court DUI Lawyers
Orange Court DUI Lawyers
Parramatta Court DUI Lawyers
Port Macquarie Court DUI Lawyers
Queanbeyan Court DUI Lawyers
Raymond Terrace Court DUI Lawyers
Sutherland Court DUI Lawyers
Sydney Court DUI Lawyers
Tamworth Court DUI Lawyers
Taree Court DUI Lawyers
Tweed Heads Court DUI Lawyers
Ulladulla Court DUI Lawyers
Windsor Court DUI Lawyers
Wollongong Court DUI Lawyers
Woy Woy Court DUI Lawyers
Wyong Court DUI Lawyers

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

More Information

Ph: 1300 941 900
Email: jboorman@boormanlawyers.com.au

Offices:
Brisbane QLD 4000
Gold Coast QLD 4217
Sydney NSW 2000

Office Hours:
Monday: 8:30am-6pm
Tuesday: 8:30am-6pm
Wednesday: 8:30am-6pm
Thursday: 8:30am-6pm
Friday: 8:30am-6pm

Reviews:
5 Star Google Reviews
5 Star Facebook Reviews

NSWDUILawyers.com.au & Qldduilawyers.com.au is a specialised division of Boorman Lawyers

Links:
Boorman Lawyers TV
Gold Coast Drink Driving Lawyers
Sydney Drink Driving Lawyers
Brisbane DUI Lawyers
Gold Coast DUI Lawyers
DIY DUI

Copyright © 2025 Boorman Lawyers. All Rights Reserved.

NSWDUILawyers.com.au is a specialised division of Boorman Lawyers NSW Solicitors

Ph: 1300 941 900

PO Box 7065 GCMC QLD 9726

By Appointment Only