Frequently Asked Questions - NSW DUI Lawyers

Frequently Asked Questions (FAQs)

1. What is considered a DUI (Driving Under the Influence) offence in NSW?

In NSW, a DUI offence occurs when a driver operates a vehicle under the influence of alcohol or drugs to the extent that they are incapable of proper control. This includes both alcohol and illicit drugs, as well as prescription medication if it affects your driving ability.

2. What is the legal Blood Alcohol Concentration (BAC) limit in NSW?

The legal BAC limit depends on the driver category:
• Full licence holders: 0.05%
• Provisional (P1 & P2) and Learner licence holders: 0.00%
• Commercial drivers (e.g., bus, taxi, truck drivers): 0.02%

3. What are the penalties for drink driving in NSW?

Penalties depend on the range of BAC and whether it’s a first or subsequent offence:
Low Range (0.05 – 0.079):
• Fine up to $2,200
• Licence disqualification (minimum 3 months)
• Potential interlock order (for repeat offences)
Mid Range (0.08 – 0.149):
• Fine up to $3,300
• Licence disqualification (minimum 6 months)
• Up to 9 months imprisonment (for repeat offenders)
• Interlock device required
High Range (0.15 and above):
• Fine up to $3,300
• Licence disqualification (minimum 12 months)
• Up to 18 months imprisonment
• Mandatory interlock program

Note: Immediate licence suspension may apply for mid and high-range offences.

4. What happens if I refuse a breath test?

Refusing a Random Breath Test (RBT) or Random Drug Test (RDT) is a serious offence in NSW. Penalties are similar to a High-Range DUI and can include:
• Heavy fines
• Licence disqualification
• Possible imprisonment

5. What drugs are tested in roadside drug tests?

NSW Police test for the presence of the following drugs:
• THC (Cannabis)
• MDMA (Ecstasy)
• Methamphetamine (Ice/Speed)
• Cocaine

Note: Roadside drug tests detect the presence of drugs, not impairment.

6. Can I fight a DUI or drug driving charge?

Yes. There are legal defences that may apply to your situation, such as:
• Challenging the accuracy of the testing equipment
• Procedural errors by police
• Honest and reasonable mistake (e.g., unknowingly consuming drugs or alcohol)
• Rising BAC defence (where your BAC increased after driving)

An experienced DUI lawyer can evaluate your case and develop the strongest possible defence.

7. Will I lose my licence if I’m charged with DUI or drug driving?

Licence suspension is common, especially for mid-range and high-range offences or repeat offenders. However, there are options like:
• Section 10 (no conviction recorded) if certain conditions are met
• Work or hardship licence applications in specific cases
• Interlock programs after disqualification periods

8. What is the Alcohol Interlock Program?

The Alcohol Interlock Program requires drivers convicted of serious drink driving offences to install an interlock device in their vehicle. The device prevents the car from starting if alcohol is detected on the driver’s breath.

9. Can I get a work licence if I lose my licence due to DUI?

NSW does not offer a “work licence” like some other states. However, in certain cases, the court may consider leniency or issue a Section 10 (no conviction), allowing you to avoid disqualification. An experienced lawyer can argue for this outcome based on your personal and professional circumstances.

10. How long will a DUI offence stay on my record?

A DUI conviction remains on your criminal record for 10 years in NSW. After that period, it becomes a spent conviction, provided there have been no further offences. However, certain employers and industries may still have access to spent convictions in background checks.

11. Is it worth hiring a DUI lawyer?

Yes. The consequences of a DUI or drug driving conviction can be serious—ranging from licence loss and heavy fines to potential jail time. An experienced DUI lawyer can:
• Help reduce penalties
• Argue for non-conviction outcomes (like Section 10)
• Identify legal defences and procedural errors
• Assist in licence appeals and interlock exemptions

12. How much does it cost to hire a DUI lawyer in NSW?

Legal fees vary based on the complexity of your case. At NSW DUI Lawyers, we offer:
• Fixed-fee pricing for straightforward cases
• Tailored quotes for complex matters
• Free initial consultations to discuss your options

13. What should I do if I’m charged with DUI or drug driving?

1. Stay calm and follow police instructions.
2. Don’t volunteer extra information beyond what is required.
3. Request a copy of your charge sheet and breath analysis certificate.
4. Contact an experienced DUI lawyer as soon as possible to discuss your case and options.

Still Have Questions?

Contact NSW DUI Lawyers today for expert legal advice and representation.

We’re here to help you navigate the legal system and secure the best possible outcome for your case.

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

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No Conviction/Conditional Release Order

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

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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

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