Drink Driving in NSW: Penalties, Defences, and What To Do Next

Drink driving (DUI) charges in NSW are serious and can lead to licence disqualification, fines, or imprisonment. Knowing the legal limits, penalties, and defences available is crucial to protect your future.

What is drink driving in NSW?

In NSW, it is illegal to drive with a blood alcohol concentration (BAC) over the prescribed limit. For full licence holders, the limit is 0.05. For professional drivers and provisional licence holders, the limit is zero. Learn more on Transport for NSW.

Drink driving offences also include refusing breath tests and failing to provide blood samples when required. Both are treated as serious as high-range drink driving.

Penalties for drink driving NSW

Penalties depend on BAC range:

Low range (0.05 – 0.079): Fines up to $2,200, licence disqualification up to 6 months, and mandatory participation in an education program.

Mid range (0.08 – 0.149): Fines up to $2,200, imprisonment up to 9 months, automatic licence disqualification, and possible interlock order.

High range (0.15+): Fines up to $3,300, imprisonment up to 18 months, lengthy licence disqualification, and mandatory interlock order.

Repeat offenders face harsher penalties, including lifetime disqualification in extreme cases. Drink driving convictions remain permanently on record and may affect employment, especially for professional drivers.

Real-life scenario

Tom was charged with mid-range drink driving after a work party. His BAC was 0.09. With legal representation, his lawyer argued for his clean record and genuine remorse. The court avoided jail time and reduced his disqualification period, allowing him to continue working in logistics. This demonstrates how legal advocacy can change outcomes.

Possible defences to drink driving NSW charges

• Disputing BAC accuracy: If breathalyser devices were not calibrated properly.
• Police procedural errors: E.g. delayed or incorrect testing procedures.
• Honest and reasonable mistake of fact: Believing you were under the legal limit based on timing and consumption.

For detailed advice, visit our Drink Driving Offences page.

Step-by-step: What to do if charged with drink driving NSW

1. Do not plead guilty immediately. Seek legal advice to understand options.
2. Request the police fact sheet and evidence. This forms the foundation of your defence.
3. Record your recollection of events. Note times, drinks consumed, food intake, and who was present.
4. Gather evidence. Receipts, CCTV footage, or witness statements that support your version.
5. Assess eligibility for Section 10 dismissal. First offenders with mitigating factors may avoid conviction.
6. Complete a Traffic Offenders Program. Courts see this as proactive rehabilitation.
7. Prepare character references. Employers or community leaders can attest to your good character.
8. Attend court properly prepared. Dress professionally, arrive early, and follow court etiquette.
9. Follow legal instructions. Your lawyer will advise on plea options, submissions, and negotiation strategies.
10. Comply with post-court requirements. Pay fines, install interlock devices if required, and avoid future offences.

Why choose Ly Lawyers for drink driving defence

Ly Lawyers have extensive experience defending drink driving charges across NSW. We aim to achieve the best possible outcome for clients, whether through sentence reduction, Section 10 dismissal, or acquittal.

• Available 24/7 for urgent traffic cases
• Proven record in drink driving defence
• Offices across Sydney CBD, Parramatta, Liverpool, and beyond
• Transparent fees with upfront estimates

Contact Ly Lawyers today for a confidential consultation.

FAQs

Is drink driving a criminal offence in NSW?
Yes. Drink driving is classified as a criminal offence in NSW. If convicted, it results in a criminal record, licence disqualification, and potential imprisonment depending on the severity of the charge and prior history.

Can I drive after a drink driving charge?
You can only continue driving if your licence has not yet been suspended by police or the court. In many cases, police issue an immediate suspension notice at the time of charge.

Can I get a Section 10 for drink driving?
A Section 10 dismissal is possible for low or mid-range first offences where the court is satisfied that recording a conviction is unnecessary. Factors include good character references, need for a licence for employment, and participation in rehabilitation programs.

How long does a drink driving conviction stay on record?
A drink driving conviction remains permanently on your criminal record unless the court grants a Section 10 dismissal. It will also appear on your traffic record for a set period for demerit and insurance purposes.

Do I need a lawyer for drink driving charges?
Yes. Legal representation can significantly improve your outcome by identifying defences, negotiating with the prosecution, and advocating for reduced penalties or dismissal where appropriate.