Understanding Drink Driving Offences in NSW
A drink driving charge can feel overwhelming, especially if it’s your first time dealing with police or a court. Losing your license, even temporarily, can affect your ability to get to work, care for family, or run a business. This article explains, in plain English, how drink driving offence work in NSW, what the likely penalties are, and what you should do next.
Key Terms Explained
Drink driving law uses specific terms. Here’s what they mean in plain English:
| Term | What it means |
| PCA | Prescribed Concentration of Alcohol — the offence of driving with a blood or breath alcohol reading at or above the limit that applies to you. |
| BAC | Blood Alcohol Concentration — the amount of alcohol in your system, measured in grams per 100 mL of blood (breath readings are converted to an equivalent blood alcohol figure). |
| Novice range | Applies to learner and provisional (P1/P2) drivers, who must have a BAC of zero. A reading above 0.00 is an offence. |
| Special range | Applies to certain drivers who must keep their BAC under 0.02 (for example, some bus, truck, taxi, rideshare and dangerous goods drivers). A reading of 0.02–0.049 is an offence. |
| Low range PCA | A BAC of 0.05 to 0.079 for a driver who is otherwise permitted to drive with the standard 0.05 limit. |
| Mid range PCA | A BAC of 0.08 to 0.149. |
| High range PCA | A BAC of 0.15 or above. |
| DUI | Driving Under the Influence — a separate offence under section 112 of the Road Transport Act 2013 (NSW) where the prosecution proves you were intoxicated to some degree, without relying on a specific BAC reading. |
| CAN | Court Attendance Notice — the document that requires you to appear in court on a set date. |
| Section 10 | A sentencing option under the Crimes (Sentencing Procedure) Act 1999 (NSW) that allows a court to find the charge proven without recording a conviction. |
| Alcohol interlock | A breath-testing device fitted to a vehicle that prevents it starting if alcohol is detected; required for certain drink driving offences after disqualification. |
What BAC Limit Applies to You?
Your legal alcohol limit depends on the type of license you hold and what you were driving:
| Driver category | Legal BAC limit | Common examples |
| Learner and provisional (P1/P2) drivers | Zero | Any reading above 0.00 is an offence |
| Special category drivers | Under 0.02 | Bus, taxi, rideshare, tow truck and dangerous goods drivers while working |
| Fully licensed drivers | Under 0.05 | Most drivers with an unrestricted licence |
Penalties by PCA Range
The most common drink driving charges in NSW are Prescribed Concentration of Alcohol (PCA) offence under section 110 of the Road Transport Act 2013 (NSW). Penalties depend on your BAC range and whether it is a first or subsequent offence.
Low, novice and special range PCA
| Penalty | First offence | Second or subsequent offence |
| Penalty notice fine | $722 | Not available |
| Immediate licence suspension (if dealt with by penalty notice) | 3 months | Not applicable — must go to court |
| Maximum court-imposed fine | $2,200 | $3,300 |
| Maximum prison term | Not applicable | Not applicable |
| Minimum disqualification (court) | 3 months | 6 months |
| Maximum disqualification (court) | 6 months | Unlimited |
| Automatic disqualification (applies if the court makes no specific order) | 6 months | 12 months |
| Alcohol interlock order | No | Yes |
Mid range PCA
| Penalty | First offence | Second or subsequent offence |
| Maximum court-imposed fine | $2,200 | $3,300 |
| Maximum prison term | 9 months | 12 months |
| Minimum disqualification (court) | 6 months | 12 months |
| Maximum disqualification (court) | Unlimited | Unlimited |
| Automatic disqualification (applies if the court makes no specific order) | 12 months | 3 years |
| Alcohol interlock order | Yes | Yes |
High range PCA
| Penalty | First offence | Second or subsequent offence |
| Maximum court-imposed fine | $3,300 | $5,500 |
| Maximum prison term | 18 months | 2 years |
| Minimum disqualification (court) | 12 months | 2 years |
| Maximum disqualification (court) | Unlimited | Unlimited |
| Automatic disqualification (applies if the court makes no specific order) | 3 years | 5 years |
| Alcohol interlock order | Yes | Yes |
Driving under the influence (DUI) — section 112
| Penalty | First offence | Second or subsequent offence |
| Maximum court-imposed fine | $3,300 | $5,500 |
| Maximum prison term | 18 months | 2 years |
| Minimum disqualification (court) | 12 months | 2 years |
| Maximum disqualification (court) | Unlimited | Unlimited |
| Automatic disqualification (applies if the court makes no specific order) | 3 years | 5 years |
| Alcohol interlock order | Yes (for alcohol-related DUI) | Yes (for alcohol-related DUI) |
What Happens After You’re Charged: Step by Step
1. Read every document carefully — Check whether you have received a penalty notice (an on-the-spot fine and suspension) or a Court Attendance Notice (CAN) requiring you to go to court. This affects your options and any time limits that apply.
2. Note the key dates — A penalty notice can usually be appealed to court within 28 days if you elect to have the matter dealt with by a magistrate instead. A CAN will show your first court date — do not ignore it.
3. Get advice before you plead — Speak with a lawyer before entering a plea or paying a penalty notice. Whether you plead guilty, contest the charge, or seek a non-conviction outcome can materially change your result.
4. Gather your paperwork — Collect the notice, any breath test or blood analysis certificate, your license details, and your driving record.
5. Prepare your subjective material — For a first offence or where a non-conviction outcome may be available, character references, evidence of a Traffic Offender Program, and evidence of the impact of a conviction or disqualification can be relevant to sentencing.
6. Attend court (if required) — If your matter proceeds to the Local Court, you or your lawyer will appear, enter a plea, and the magistrate will deal with sentencing, usually on the same day for a guilty plea to a straightforward matter.
7. Comply with any orders — If you are disqualified or placed on an interlock order, follow the conditions exactly. Driving while disqualified is a separate and more serious offence.
Can You Avoid a Conviction?
In appropriate cases, a Local Court magistrate can find a drink driving charge proven but decide not to record a conviction, under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). This can involve an outright dismissal of the charge, or a conditional release order (a good behaviour bond of up to 2 years) without a conviction being recorded. A non-conviction outcome is not automatic and is not available in every case — the court considers factors such as the nature of the offence, your record, and the impact a conviction would have on you. This is a matter for legal advice on your specific circumstances, not something you should assume applies to your matter.
Document Checklist
Before your first consultation or court date, try to have the following ready:
- Penalty notice or Court Attendance Notice (CAN)
- Breath analysis or blood/urine test certificate, if provided
- Your driver license (or license number and class)
- Your driving history / traffic record, if available
- Any immediate suspension notice issued by police
- Evidence of employment or license-dependent circumstances (for example, a letter from your employer)
- Any character references you are considering (for sentencing, not for contesting liability)
- Details of any prior drink driving or major traffic offence in the last 5 years
What Not to Do
- Do not ignore a penalty notice or Court Attendance Notice — fines and disqualifications can increase, and warrants can issue if you miss a court date.
- Do not assume a first offence will automatically result in no conviction — outcomes depend on the circumstances and are decided by the court.
- Do not discuss the circumstances of the alleged offence with police beyond what you are legally required to provide.
- Do not drive while your license is suspended or disqualified while your matter is being resolved — this is treated as a separate and serious offence.
- Do not delay getting advice — some rights, including the right to appeal an immediate suspension, are time-limited.
Common Mistakes and Myths
- Assuming the roadside reading is the final word — the evidentiary breath or blood analysis result is what matters for court purposes, not the roadside screening reading.
- Believing all drink driving charges automatically mean losing your license for years — the range, prior history and the court’s sentencing discretion all affect the outcome.
- Paying a penalty notice without checking whether electing to go to court might produce a better result.
- Not realising that a mid or high range PCA charge cannot be dealt with by penalty notice and must go to the Local Court.
- Turning up to court without having organised references or evidence relevant to sentencing.
Frequently Asked Questions
Do I need to attend court for a low range drink driving charge?
Not always. A first-offence low, novice or special range PCA matter can often be dealt with by an on-the-spot penalty notice and immediate suspension, without a court appearance, unless you elect to go to court or it is a second or subsequent offence.
Will I lose my license?
It depends on the range and whether it is a first or subsequent offence. A first-offence low, novice or special range matter dealt with by penalty notice carries an immediate 3-month suspension; if the same matter goes to court, the automatic disqualification (absent a specific court order) is 6 months. Mid and high range offence carry longer disqualification periods, and a court can vary these within the minimum and maximum set by the Road Transport Act 2013 (NSW). See the penalty tables above for the current figures.
Can I get a section 10 (no conviction) for drink driving?
It’s possible in appropriate cases, but it is not guaranteed and depends on factors such as the BAC range, your driving record, and your personal circumstances. This is best discussed with a lawyer who can advise on your specific matter.
What’s the difference between PCA and DUI?
A PCA charge is based on a measured BAC reading at or above the applicable limit. A DUI (driving under the influence) charge under section 112 does not depend on a specific BAC reading but requires the prosecution to prove you were intoxicated to some degree, and generally carries higher maximum penalties.
What is an alcohol interlock order?
It’s a court order requiring you to have a breath-testing device fitted to your vehicle after your disqualification period, which prevents the car starting if alcohol is detected. It applies automatically to most mid range, high range and repeat drink driving offence unless the court grants an exemption.
Can I appeal an immediate license suspension?
Yes, you can generally apply to the Local Court to appeal an immediate suspension, but strict time limits apply, so you should get advice promptly.
Will a drink driving conviction show up on my record?
If a conviction is recorded, it can appear on criminal history checks. If a non-conviction order is made under section 10, no conviction is recorded, although the suspension or infringement outcome may still appear on your traffic record.
What should I bring to a first consultation?
Your penalty notice or Court Attendance Notice, any breath or blood analysis certificate, and your license details. See our document checklist above.
Local Support in Hornsby and the Upper North Shore
Caspian Legal assists clients across Hornsby and the Upper North Shore, including Waitara, Asquith, Wahroonga, Normanhurst, Thornleigh, Pennant Hills and Berowra, with drink driving and other traffic matters. Many local matters are first listed at Hornsby Local Court. If your matter is listed there, having a local solicitor who is familiar with the court and can appear with you can make the process less stressful.
What Happens at Your First Consultation
In an initial consultation, we review your penalty notice or Court Attendance Notice, discuss the circumstances of the alleged offence, explain the likely range of outcomes for your matter, and set out the practical next steps — including whether a non-conviction outcome may be realistic, what evidence would help, and what to expect at court.
Speak With Caspian Legal
Caspian Legal Pty Ltd
22–28 Edgeworth David Avenue, Hornsby NSW 2077
Phone: 02 7264 3200
Website: caspianlegal.com.au
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Sources
- NSW Government — Drink and drug driving penalties (Transport for NSW, official penalty tables) — https://www.nsw.gov.au/driving-boating-and-transport/demerits-penalties-and-offence/offence/alcohol-and-drug-offence/drink-and-drug-driving-penalties
- Road Transport Act 2013 (NSW) — section 110 (Presence of prescribed concentration of alcohol) — AustLII — http://www.austlii.edu.au/au/legis/nsw/consol_act/rta2013187/s110.html
- Road Transport Act 2013 (NSW) — section 112 (Use or attempted use of a vehicle under the influence) — AustLII — https://www5.austlii.edu.au/au/legis/nsw/consol_act/rta2013187/s112.html
- Crimes (Sentencing Procedure) Act 1999 (NSW) — section 17 (Penalty units) — AustLII — https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa1999278/s17.html
- Crimes (Sentencing Procedure) Act 1999 (NSW) — section 10 (Dismissal of charges and conditional discharge) — AustLII — https://www5.austlii.edu.au/au/legis/nsw/consol_act/cpa1999278/s10.html
- NSW Government — Alcohol Interlock Program — https://www.nsw.gov.au/driving-boating-and-transport/demerits-penalties-and-offence/offence/alcohol-and-drug-offence/alcohol-interlock-program
- Judicial Commission of NSW — Local Court Bench Book, Dismissal of charges and conditional discharge — https://www.judcom.nsw.gov.au/publications/benchbks/sentencing/dismissal_of_charges.html
