Drink Driving

Drink Driving Lawyer Sydney: Experienced Defence for PCA Charges in NSW

If you have been charged with drink driving in NSW, the outcome depends on your reading, your licence type and your traffic record, and in most cases you will lose your licence unless the court deals with you without recording a conviction. An experienced drink driving lawyer in Sydney can tell you whether a section 10, a reduced disqualification or an interlock exemption is realistic.

Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 7 October 2026

What are the drink driving ranges in NSW?

NSW has five prescribed concentration of alcohol (PCA) ranges, set by the Road Transport Act 2013 (NSW) s 108, measured in grams of alcohol per 210 litres of breath or 100 millilitres of blood:

• Novice range: more than zero but less than 0.02

• Special range: 0.02 or more but less than 0.05

• Low range: 0.05 or more but less than 0.08

• Middle (mid) range: 0.08 or more but less than 0.15

• High range: 0.15 or more

Learner, provisional (P1/P2) and interlock licence holders must have a zero reading; drivers of public passenger vehicles, taxis, hire vehicles, coaches, heavy vehicles over 13.9 tonnes GVM and placarded dangerous goods vehicles must be under 0.02; other full licence holders must be under 0.05 (ss 107, 110).

What are the maximum penalties for drink driving in NSW?

The maximum penalty rises with the range and is higher for a second offence within five years (ss 9, 110). Fines are set in penalty units; one penalty unit is $110 (Crimes (Sentencing Procedure) Act 1999 (NSW) s 17).

• Novice, special and low range: maximum fine $2,200 for a first offence and $3,300 for a second offence. No imprisonment.

• Mid range: first offence $2,200 and 9 months imprisonment; second offence $3,300 and 12 months.

• High range: first offence $3,300 and 18 months imprisonment; second offence $5,500 and 2 years.

A penalty notice for the same or an equivalent drink or drug driving offence in the previous 5 years counts as a prior offence (s 9(2A)).

Will I lose my licence for low range drink driving?

Usually yes, unless the court makes a section 10 order. Police can give you an immediate licence suspension notice for a novice, special or low range offence (s 224). If you have had no drink or drug driving penalty notice, or conviction for an equivalent offence, in the previous 5 years, police may instead issue a $722 penalty notice (Road Transport (General) Regulation 2021 (NSW) cl 134, Sch 5), with the suspension lasting up to 3 months. If you are convicted in court of a first low range offence, the automatic disqualification is 6 months and the minimum is 3 months (s 205). A second novice, special or low range offence is a mandatory interlock offence: 1 to 3 months disqualification, then at least 12 months on an interlock (s 211).

How long will I be disqualified for mid range or high range drink driving?

Mid range and high range offences are mandatory interlock offences, so the court must either make a mandatory interlock order or an interlock exemption order (ss 209, 210). If an exemption is made, the disqualification periods are:

• Mid range: first offence 12 months automatic, 6 months minimum; second offence 3 years automatic, 12 months minimum.

• High range: first offence 3 years automatic, 12 months minimum; second offence 5 years automatic, 2 years minimum.

A mandatory interlock order means a shorter disqualification, then driving only a vehicle fitted with an interlock: for a first mid range offence, 3 to 6 months disqualification and at least 12 months on an interlock; for a first high range offence, 6 to 9 months and at least 24 months (s 211). Exemptions are narrow: you must prove you lack access to a vehicle, have a diagnosed medical condition preventing a sufficient breath sample, or, for a first mid range offence only, that an interlock order would cause severe hardship (s 212).

If police gave you an immediate licence suspension notice, you can appeal it to the Local Court before the charge is finalised, but the court can only lift or vary it in exceptional circumstances, and cannot consider the circumstances of the alleged offence (s 268). See licence appeals.

Can I get a section 10 for drink driving?

Yes, for some offences, particularly lower range first offences. Under the Crimes (Sentencing Procedure) Act 1999 (NSW) s 10, the court can find you guilty but, without recording a conviction, dismiss the charge or discharge you on a conditional release order. The court considers your character, antecedents, age, health and mental condition, the trivial nature of the offence, any extenuating circumstances and any other proper matter (s 10(3)). Because no conviction is recorded, the automatic disqualification does not apply.

There are limits. A section 10 is not available for certain drink and drug driving offences if you received a section 10 for another such offence in the previous five years (Road Transport Act 2013 (NSW) s 203). For high range offences, the guideline judgment in Application by the Attorney General under Section 37 of the Crimes (Sentencing Procedure) Act (2004) 61 NSWLR 305 indicates a section 10 will rarely be appropriate for an ordinary offence. See our page on sentencing and penalties.

What happens if I refuse a breath test?

Refusing is a separate offence. Refusing a roadside breath test carries a maximum fine of $1,100. Refusing a breath analysis carries, for a first offence, a maximum fine of $3,300 and 18 months imprisonment, and it is a mandatory interlock offence (6 to 9 months disqualification, then at least 24 months on an interlock, or 3 years automatic disqualification if an exemption is made). It is a defence if you were unable on medical grounds to submit (Road Transport Act 2013 (NSW) Sch 3 cl 16; ss 205, 211).

What should I do before my drink driving court date?

Get advice early. Bring:

• your court attendance notice and any suspension notice or penalty notice

• your NSW driving record

• details of why you need your licence (work, caring responsibilities, location)

• character references from people who know about the charge

Completing the Traffic Offender Intervention Program before sentence can also demonstrate insight.

What does it cost?

Fees for traffic matters are determined by the scope of work involved, and we issue a costs agreement before we commence any work, so you have full transparency from the start.

Frequently asked questions

What is the penalty for a first low range drink driving offence in NSW?

A first low range PCA offence carries a maximum court fine of $2,200 and no imprisonment. If convicted, the automatic disqualification is 6 months with a 3-month minimum. If you have had no drink or drug driving penalty notice, or conviction for an equivalent offence, in the previous 5 years, police may instead issue a $722 penalty notice, with a licence suspension of up to 3 months.

Is a mid range drink driving offence a mandatory interlock offence?

Yes. Mid range and high range PCA offences are mandatory interlock offences, so the court must make either a mandatory interlock order or an interlock exemption order. Exemptions are only available on narrow grounds: no access to a vehicle, a medical condition that prevents you giving a sufficient breath sample, or, for a first mid range offence, severe hardship.

Can I avoid a conviction for drink driving?

Sometimes. The court can dismiss the charge or impose a conditional release order without recording a conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), and then no automatic disqualification applies. A section 10 is not available if you received one for certain drink or drug driving offences in the previous five years, and it is rarely appropriate for an ordinary high range offence.

Can I appeal an on-the-spot licence suspension?

Yes, you can appeal an immediate licence suspension notice to the Local Court before your charge is finalised. The court can only lift or vary the suspension if there are exceptional circumstances, and it cannot take into account the circumstances of the alleged offence.

Does a previous drink driving penalty notice count as a prior offence?

Yes. A penalty notice for the same or an equivalent alcohol or drug driving offence in the previous 5 years is counted when the court decides whether you are being sentenced for a second or subsequent offence. That can significantly increase the maximum penalty and the disqualification periods.

Why choose Invictus Legal as your drink driving lawyer in Sydney?

We specialise in drink driving and licence matters, and appear in Local Courts across Sydney and NSW, including the Downing Centre, Parramatta, Burwood, Newtown, Bankstown and Sutherland, and in the District Court on appeals. For other driving charges, visit our traffic law hub.

Call the office on 02 8553 0500, or our emergency line 0410 600 230 for urgent matters (for example, if you have just been charged, had your licence suspended on the spot, or have court tomorrow). You can also book online.

This page is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.