Frequently Asked Questions

Frequently Asked Questions (FAQs)

Frequently Asked Questions – DUI & Drink Driving in NSW

At NSW DUI Lawyers, we regularly assist clients facing drink driving and drug driving charges across New South Wales. Below are answers to the most common questions people ask after being charged.

1. What is considered a DUI offence in NSW?

In NSW, Driving Under the Influence (DUI) occurs when a person operates a vehicle while affected by alcohol or drugs to the extent that they cannot properly control the vehicle. This applies to:

- Alcohol

- Illicit drugs (such as cannabis, MDMA, or methamphetamine)

- Prescription medication if it impairs your ability to drive safely

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

The legal limit depends on the driver category:

- Full licence holders: 0.05%

- Provisional (P1 & P2) and Learner drivers: 0.00%

- Commercial drivers (bus, taxi, truck, heavy vehicle): 0.02%

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

Penalties vary depending on your BAC level and whether it is a first or repeat offence.

Low Range (0.05 – 0.079): Fine up to $2,200, minimum 3-month disqualification, possible interlock for repeat offences.

Mid Range (0.08 – 0.149): Fine up to $3,300, minimum 6-month disqualification, up to 9 months’ imprisonment (repeat offenders), interlock required.

High Range (0.150+): Fine up to $3,300, minimum 12-month disqualification, up to 18 months’ imprisonment, mandatory interlock program.

Immediate licence suspension often applies for mid and high-range offences.

4. What happens if I refuse a breath test in NSW?

Refusing a Random Breath Test (RBT) or Random Drug Test (RDT) is a serious offence. Penalties are similar to high-range drink driving 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:

- THC (Cannabis)

- MDMA (Ecstasy)

- Methamphetamine (Ice/Speed)

- Cocaine

Roadside tests detect presence of drugs, not the level of impairment.

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

Yes. Common legal defences include:

- Challenging the accuracy of police testing equipment

- Arguing procedural errors by police

- Honest and reasonable mistake (e.g., unknowingly consuming drugs/alcohol)

- Rising BAC defence (where alcohol level increases after driving)

An experienced NSW DUI lawyer can assess your case and build the strongest possible defence.

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

Licence suspension is very likely, especially for mid-range, high-range, or repeat offences. However, options may include:

- Section 10 dismissal / Conditional Release Order – avoids conviction and licence loss in limited circumstances

- Interlock program after disqualification

- Appeals to reduce disqualification periods

8. What is the Alcohol Interlock Program?

The Alcohol Interlock Program requires certain offenders to install a device in their car that prevents the vehicle from starting if alcohol is detected on the driver’s breath.

It is mandatory for:

- High-range PCA offences

- Mid-range PCA offences

- Repeat offenders

9. Can I get a work licence in NSW if I lose my licence?

Unlike Queensland, NSW does not offer a work licence. However, courts can grant leniency in some cases by issuing a Section 10 dismissal or Conditional Release Order, allowing you to avoid disqualification.

10. How long does a DUI offence stay on my record in NSW?

A DUI conviction stays on your criminal record for 10 years. After this, it becomes a spent conviction, provided there are no further offences. However, some employers and industries (e.g., government, defence, security) may still access spent convictions during background checks.

11. Is it worth hiring a DUI lawyer?

Yes. The consequences of a conviction can be life-changing, including losing your licence, large fines, and even imprisonment. A DUI lawyer can:

- Argue for reduced penalties

- Apply for a non-conviction outcome (Section 10)

- Challenge police procedure or testing accuracy

- Represent you in appeals and interlock exemptions

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

Costs vary depending on the complexity of your matter. At NSW DUI Lawyers, we provide:

- Fixed fees for straightforward cases

- Tailored quotes for complex cases

- Free initial consultations so you know your options upfront

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

Stay calm and cooperate with police instructions.

Do not provide unnecessary information.

Request copies of your charge sheet and breath/drug analysis results.

Contact an experienced DUI lawyer immediately for advice and representation.
Still Have Questions?

If you’ve been charged with drink driving or drug driving in NSW, speak to the experts at NSW DUI Lawyers.

Contact us today - 1300 941 900 - for a free consultation and professional advice on how to protect your licence, your record, and your future.

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

Albury Court DUI Lawyers
Armidale Court DUI Lawyers
Ballina Court DUI Lawyers
Bankstown Court DUI Lawyers
Batemans Bay Court DUI Lawyers
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Central (Sydney) Court DUI Lawyers
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Milton Court DUI Lawyers
Moruya Court DUI Lawyers
Moss Vale Court DUI Lawyers
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Port Macquarie Court DUI Lawyers
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Sydney Court DUI Lawyers
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Taree Court DUI Lawyers
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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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