SCB LEGAL
Our lawyers assist with all drink driving offences, including first time offences and subsequent offences.
If you or a family member has been charged with a drink driving offence, legal advice must be sought immediately. If you are pleading guilty, you have a window of time to prepare for sentencing. In that time there may be some steps you can take to help your case and potentially reduce the consequences.
This page will provide you answers to the most commonly asked questions about drink driving charges in NSW. On this page, you will learn:
Below we answer these questions and more, specific to drink driving offences in NSW.
If you are looking for information specific to drug driving, go to this dedicated page.
Need urgent bail assistance out of business hours? Reach out via our After Hours number. During business hours, phone our team at our Penrith or Blacktown offices. For all other enquiries relating to drink driving offences, we can provide you advice via telephone, online meeting or at one of our office locations.
DRINK DRIVING LAWYERS PENRITH | DRINK DRIVING LAWYERS BLACKTOWN
Early legal advice can contribute to opportunities to avoid losing your licence, and potentially your livelihood.
Our extensive experience in the Courtroom, combined with thorough analysis of past judgments, has given us valuable insight into judicial decision making patterns and variations. This understanding provides a strategic advantage in developing comprehensive case strategies for our clients facing drink driving charges in Courts across Greater Sydney.
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To receive the best possible outcome for your case, we recommend speaking with a criminal defence lawyer. The Court system can be complex and difficult to navigate, so having someone who is experienced with drink driving charges can help ensure you get the best possible result.
If you have refused to provide a breath test, this is an offence in NSW. If you were requested to provide a breath sample, you should have been given three chances to provide a sufficient sample to determine your concentration of alcohol (for a breath test).
If 2 hours have passed since the incident, you are not required to provide a breath analysis sample.
Other defences may include if you refused to provide a sample due to medical reasons, were not the driver of the vehicle, or if you were not driving on a road or road-related area.
The penalties for refusing a breath test are the same as high range drink driving. For more details, see the table in the section below titled Drink Driving Penalties NSW.
High range drink driving in New South Wales carries penalties ranging from a fine to imprisonment as well as a driving disqualification period.
The maximum term of imprisonment for a first time offence is 18 months, or two years for a second or subsequent offences. For more details, jump to the table in the section below titled Drink Driving Penalties NSW.
Drink Driving in New South Wales can result in a range of different maximum penalties, depending on whether it is the person’s first or subsequent offence.
Penalties range from Fines to Imprisonment as well as loss of licence or disqualification from driving.
For more specific details into the minimum and maximum penalties for drink driving see the table below titled Drink Driving Penalties NSW.
If you end up being convicted of drink driving charges in Court, this will appear on a Police Check. Generally, traffic fines or tickets and loss of demerit points do not show up on a Police Check. A Police Check is not the same as a Criminal Record.
Yes, in New South Wales drink driving is a criminal offence. However, for low range drink driving offences, if it is your first offence, you may not be required to attend Court.
There are a number of possible defences when it comes to a drink driving charge. An experienced lawyer can talk to you about your specific case and develop the legal approach that will be most effective for you. For more detailed information, click here to jump to the section below titled Defences For Drink Driving.
In NSW, a charge of drink driving specifically refers to a charge of driving with a blood alcohol level above the legal limit.
A charge of DUI can include driving under the influence of drugs, whether they are illicit or prescription. It can also include being under the influence of alcohol.
DUI in NSW can result in a range of different penalties, depending on the type of charge, whether it is the person’s first or subsequent offence and the circumstances surrounding the person’s conduct.
Penalties may include:
For more detailed information, take a look at the Drink Driving Penalties NSW further down this page.
If you end up being convicted of DUI charges in Court, this will appear on a Police Check.
Generally, traffic fines or tickets and lost demerit points do not show up on a Police Check.
For more information about penalties, take a look at the Drink Driving Penalties NSW further down this page.
The Court system can be complex and difficult to navigate, so having someone who is experienced with drink driving matters in Courts across Sydney can help ensure you get the best possible result.
To receive the best outcome for your case, seek legal advice early to improve the options that may be available to you.
There are a range of immediate and longer term consequences if you are caught drink driving in New South Wales.
If it is your first offence and you are caught drink driving with a low range of Prescribed Concentration of Alcohol (“PCA”) in your system, you may be issued with an on-the-spot fine, and your licence will be suspended. For all other drink driving offences, there may be other immediate consequences including:
At the Court hearing, if you plead guilty or are found guilty after hearing, possible penalties may include one or or more of the following:
In NSW, drink driving charges are determined in three categories, each with their own range of penalties:
If a friend or family member has been taken into custody for drink driving, make sure you reach out and seek legal assistance to get advice and support immediately. Early legal advice can positively assist you in understanding the avenues available in the short and longer term. For more specific details into the minimum and maximum penalties for drink driving see the table below titled Drink Driving Penalties NSW.
DRINK DRIVING LAWYERS PENRITH | DRINK DRIVING LAWYERS BLACKTOWN
If you are facing a drink driving or DUI charge, early legal advice from experienced lawyers can improve the outcome of your sentence. Know where you stand.
In New South Wales, the penalties for drink driving vary depending on how far over the legal limit the blood-alcohol reading was at the time of testing. It also depends on whether this is a first or subsequent offence.
A blood-alcohol reading is a measurement referred to as BAC (Blood Alcohol Concentration).
Use the tables below as a guide only and speak to our team to get advice about likely penalties and the avenues available based on your specific circumstances.
Low range drink driving penalties apply to drivers with a blood alcohol reading of between 0.05 and 0.079.
For learner or provisional drivers, they must have a reading of 0.00. If a person who should have NIL alcohol in their system has been caught with a reading of between 0.00 and 0.19, they will be committing a Novice Range Drink Driving offence. If a driver returns a blood alcohol reading of between 0.20 and 0.049, the offence is Special Range Drink Driving. The penalties applicable to low range drink drivers also apply to novice and special range drink driving offences. See NSW’s Low Range Drink Driving penalties in the table below.
For drivers with a special category licence such as bus & taxi drivers, they must not have a blood alcohol reading above 0.02. Anyone caught driving above 0.02 but below 0.5 will be subject to the same penalties as low range drink driving. See NSW’s Low Range Drink Driving penalties in the table below.
For a first time offender, you may not be required to attend Court.
Mid range drink driving penalties apply to drivers with a blood alcohol reading above 0.08 but less than 0.15. If charged with mid range drink driving, you will be required to attend Court. See NSW’s Mid Range Drink Driving penalties in the table below.
High range drink driving penalties apply to drivers with a blood alcohol reading above 0.15. If charged with high range drink driving, you will be required to attend Court. See NSW’s High Range Drink Driving penalties in the table below.
Low Range | Mid Range | High Range |
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| 1st offence | 2nd or subsequent offence | 1st offence | 2nd or subsequent offence | 1st offence | 2nd or subsequent offence | |
| Penalty notice fine | $682 | Not applicable | Not applicable | Not applicable | Not applicable | Not applicable |
| Immediate licence suspension | Yes | Yes | Yes | Yes | Yes | Yes |
| Maximum Court-imposed fine | $2200 | $3300 | $2200 | $3300 | $3300 | $5500 |
| Maximum prison term | Not applicable | Not applicable | 9 months | 12 months | 18 months | 2 years |
| Minimum disqualification | 3 months | 6 months | 6 months | 12 months | 12 months | 2 years |
| Maximum disqualification | 6 months | Unlimited | Unlimited | Unlimited | Unlimited | Unlimited |
| Automatic disqualification (a disqualification period that applies in the absence of a specific court order) | 6 months | 12 months | 12 months | 3 years | 3 years | 5 years |
| Subject to an alcohol interlock order | No | Yes | Yes | Yes | Yes | Yes |
Note: Penalties accurate for New South Wales as at October 2024.
*BAC – Blood Alcohol Concentration – Level of alcohol in the system at time of driving a vehicle.
Source: https://www.nsw.gov.au/driving-boating-and-transport/demerits-penalties-and-offences/offences/alcohol-and-drug-offences/drink-and-drug-driving-penalties
Note: If you are issued an Alcohol Interlock Order or an Exemption – a program which includes the use of an electronic breath testing device – the disqualification period may be different to the time periods indicated above.
The most common forms of defence applied to drink driving charges are as follows:
We invite you to meet with one of our drink driving lawyers, who will clearly outline your available options. Seeking early legal advice from our experienced team often leads to more favourable sentencing outcomes.
A lawyer like those on our team help with cases like these every day in the Penrith and Blacktown Court houses. Here is a full list of where we support clients facing charges for drink driving offences:
We can help you understand the law, the charges and your options and, if you wish, can represent you at Court.
Need urgent bail assistance out of business hours? Reach out via our After Hours number. During business hours, phone our team at our Penrith or Blacktown offices. For all other enquiries relating to drink driving offences, we can provide you advice via telephone, online meeting or at one of our office locations.
Delaying legal advice could mean the difference between keeping your licence or losing it for an extended period. It can mean the difference between a Section 10 or a more significant penalty. Timing is everything.
