What Is a Drink Driving Offence in NSW?
The offence of drink driving is contained under section 110 of the Road Transport Act 2013 (NSW). It will constitute a criminal offence where you drive a motor vehicle, or occupy the driving seat of a motor vehicle and attempt to put it in motion whilst you are over the legal limit.
It is based on the blood alcohol concentration (‘BAC’) in your system. This is measured based on the concentration of alcohol in 210 litres of breath or 100 millilitres of blood. A ‘breath test’ is the roadside test employed by police with a handheld device. This is where the police ask you to count to 10 or blow into a straw. This test is for the purpose of giving the police an indication of your blood alcohol level. If this test returns positive, the police can place you under arrest for the purpose of further testing.
This further testing will most commonly include a ‘breath analysis test’, which is required to be conducted at the station or on a mobile testing unit. This test requires a subject to blow a sample of breath into a tube, with the device then analysing the sample and printing out a result reflecting the content of alcohol in the breath. This test is more accurate than the roadside test and is used by the police as evidence in court.
Police will most commonly be charged with drink driving due to roadside breath testing (‘RBTs’). However, breath testing could also occur during a traffic stop, or police may want to breath test you due to your manner of driving.
Drink driving charges can apply to all types of licence holders, and even passengers in some circumstances, such as where you are supervising a learner driver.
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Types of Drink Driving Offences
Drink driving offences fall into different categories based on blood alcohol concentration levels (BAC) and your driver status. There are five main types of drink driving matters (under section 110 of the Road Transport Act 2013 (NSW)):
Novice range (over 0.00 to 0.019) (note: only applies to learner, P1 or P2 drivers and interlock licence holders).
Special range (0.02 to 0.049) (note: only applies to learner, P1 or P2 drivers, bus drivers, taxi drivers and interlock licence holders).
Low range (0.05 to 0.079)
Mid range (0.08 to 0.149)
High range (0.15 and higher)
There is also an offence of refusing a breath analysis, which attracts the same maximum penalties as high range PCA. Each offence carries different maximum penalties and legal consequences, depending on the level of BAC and driver status (i.e., the type of licence held). Blood alcohol concentration is measured based on the concentration of alcohol in 210 litres of breath or 100 millilitres of blood.
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Drink Driving Penalties in NSW
Second or Subsequent Offence Penalties
Maximum Fine: $2,200
Imprisonment: N/A
Automatic Disqualification: 6 months
Minimum Disqualification: 3 months
Mandatory Interlock Period: N/A
Maximum Fine: $3,300
Imprisonment: N/A
Mandatory Interlock Period: Yes - 12 months
Disqualification Periods:
With mandatory interlock period =
Maximum: 3 months
Minimum: 1 month
Without interlock =
Automatic: 12 months
Minimum: 6 months
Maximum Fine: $2,200
Imprisonment: N/A
Automatic Disqualification: 6 months
Minimum Disqualification: 3 months
Mandatory Interlock Period: N/A
Maximum Fine: $3,300
Imprisonment: N/A
Mandatory Interlock Period:
Yes - 12 months
Disqualification Periods:
With mandatory interlock period =
Maximum: 3 months
Minimum: 1 month
Without interlock =
Automatic: 12 months
Minimum: 6 months
Maximum Fine: $2,200
Imprisonment: N/A
Automatic Disqualification: 6 months
Minimum Disqualification: 3 months
Mandatory Interlock Period: N/A
Maximum Fine: $3,300
Imprisonment: N/A
Mandatory Interlock Period:
Yes - 12 months
Disqualification Periods:
With mandatory interlock period =
Maximum: 3 months
Minimum: 1 month
Without interlock =
Automatic: 12 months
Minimum: 6 months
Maximum Fine: $2,200
Maximum term of imprisonment: 9 months
Mandatory Interlock Period:
Yes - 12 months
Disqualification Periods:
With mandatory interlock period =
Maximum: 6 months
Minimum: 3 months
Without interlock =
Automatic: 12 months
Minimum: 6 months
Maximum Fine: $3,300
Maximum term of imprisonment: 12 months
Mandatory Interlock Period:
Yes - 24 months
Disqualification Periods:
With mandatory interlock period =
Maximum: 9 months
Minimum: 6 months
Without interlock =
Automatic: 3 years
Minimum: 12 months
Maximum Fine: $3,300
Maximum term of imprisonment: 18 months
Mandatory Interlock Period:
Yes - 24 months
Disqualification Periods:
With mandatory interlock period =
Maximum: 9 months
Minimum: 6 months
Without interlock =
Automatic: 3 years
Minimum: 1 year
Maximum Fine: $5,500
Maximum term of imprisonment: 2 years
Mandatory Interlock Period:
Yes - 48 months
Disqualification Periods:
With mandatory interlock period =
Maximum: 12 months
Minimum: 9 months
Without interlock =
Automatic: 5 years
Minimum: 2 years
Maximum Fine: $3,300
Maximum term of imprisonment: 18 months
Mandatory Interlock Period:
Yes - 24 months
Disqualification Periods:
With mandatory interlock period =
Maximum: 9 months
Minimum: 6 months
Without interlock =
Automatic: 3 years
Minimum: 1 year
Maximum Fine: $5,500
Maximum term of imprisonment: 2 years
Mandatory Interlock Period:
Yes - 48 months
Disqualification Periods:
With mandatory interlock period =
Maximum: 12 months
Minimum: 9 months
Without interlock =
Automatic: 5 years
Minimum: 2 years
If police detect you driving with a low, novice, or special-range drink PCA, instead of charging you, they can choose to issue you with an on-the-spot fine of $705 (fine amount set as of 1/07/25).
If you are charged with drink driving, the maximum penalties are a guide for the Magistrate, however, the penalty you receive will depend on numerous factors including the BAC level, whether it’s a first or repeat offence, or other circumstances relevant to your driving such as whether you were driving recklessly, if the conditions were dangerous, and how you were detected by the police.
In certain circumstances, first-time offenders may avoid a conviction by receiving a section 10 dismissal or a conditional release order, without conviction. If you receive a ‘non-conviction’, the offence will not be a conviction on your record, and you will also avoid a fine or being disqualified from driving.
How We Defend Drink Driving Charges
In most cases related to drink driving, the main goal will be to seek to mitigate the penalty received rather than ‘defending’ the charge. However, there are some common defence strategies to drink driving charges. This includes:
Faulty Breath or Blood Testing Equipment: There may have been an evident issue with the accuracy of the testing or the device used to measure your blood alcohol concentration.
Medical Conditions: Certain medical conditions, such as reflux conditions, can interfere with or influence blood alcohol concentration readings, which could lead to false positives or inaccurate readings.
Necessity: In rare cases, there can be a reasonable excuse for driving, such as medical emergencies where no other options would have been available.
It is integral to obtain tailored advice from an experienced drink driving lawyer to determine if you should focus on defending your case or seeking leniency from the court.
What to Do If You’ve Been Charged With Drink Driving
If you have been recently charged with drink driving, it will be important to:
Ensure you do not get behind the wheel of your vehicle or drive again until advised.
Contact an experienced traffic lawyer.
Take note of all of the details and paperwork provided to you.
Research and enrol in a Traffic Offenders Program.
It’s integral to take decisive action early to protect your rights and give you a stronger chance for a favourable outcome, to protect your licence and ability to drive.
Why Choose Elite Defence Lawyers for Your Drink Driving Case
When charged with drink driving, the consequences can be serious, ranging from licence disqualification to fines or even jail. Having an experienced drink driving lawyer on your side can make all the difference. At Elite Defence Lawyers, we have successfully handled drink driving matters across all BAC ranges, from low-range to high-range offences.
We provide strategic advice from the start and fight to achieve the best possible outcome. Our results include Section 10 dismissals, reduced disqualification periods, and preserved driving records, helping clients protect their freedom and livelihood.'
If you’ve been charged, act quickly. Contact Elite Defence Lawyers today for immediate, personalised support from a trusted drink driving lawyer in Greater Sydney, including Sutherland.
