A Quick Guide to Drink Driving Laws and Penalties in NSW
The Road Transport Act 2013 set out drink driving offences and penalties. Drink driving is considered a serious criminal offence in New South Wales. A drink driving offence may result in a criminal conviction with penalties and a criminal record. It is important to understand the various laws and penalties applicable on drink driving offences in NSW.
Drink Driving in NSW
Drink driving offences carry severe penalties in NSW. A person will have to attend court in most cases if they are charged with a drink driving offence or if it is a second or subsequent offence. Depending on the seriousness of the driving offence, a person may receive:
· A fine imposed by the court
· An Alcohol Interlock Order
· Licence suspension, cancellation, or disqualification
· Imprisonment
A criminal conviction for a drink driving offence can only be avoided if the Magistrate or Judge imposes a non-conviction type of penalty as a sentence, either a Section 10 dismissal or a Conditional Release Order without conviction. Cases that are not heard in court are usually because it’s a first-time offence, or a less serious offence. In these cases, the driver will receive an on-the-spot fine, penalty notice, and an immediate licence suspension if the BAC reading is below 0.079.
A person will be required to surrender their licence if they receive an immediate licence suspension and they will have to make alternative arrangements to get home. A person will immediately receive the suspension period with an on-the-spot fine. If a person is summonsed to attend court, the court will fix a disqualification period and backdate it to the day the licence was surrendered.
A drink driving criminal record remains a conviction on a person’s record for ten years in NSW. The conviction will be spent and will no longer be considered a criminal record if a person is not convicted of any traffic offences within 10 years.
Various factors determine which offence a driver may be charged with and it is important to be familiar with some of the relevant terms.
· PCA – Prescribed Concentration of Alcohol
· BAC – Blood Alcohol Concentration
It is a crime to drive a vehicle with the threshold amount of Prescribed Concentration of Alcohol or PCA. PCA is also known as Blood Alcohol Concentration or BAC. Blood Alcohol Concentration or BAC is the level of alcohol a person has in their system at the time of driving a vehicle. The term subsequent offence means a person is charged with the same or similar offence they have been convicted of before. Drivers convicted of two drink driving offences in 5 years have to pass the Driver Knowledge test before they qualify for a licence to drive.
New South Wales has an Alcohol Interlock Program. The Interlock orders are managed by Transport NSW. An Alcohol Interlock Order is an order made by the court during sentencing and it follows a period of suspension or disqualification. The court issues an order to install an interlock device in a vehicle. The interlock device is an in-car breathalyser and it prevents a vehicle from operating until a negative alcohol sample is provided.
Drivers in the alcohol interlock programs have shorter periods of licence disqualification than people not placed in an interlock order. A person can be exempt from an interlock order in NSW, but only under certain circumstances. This will depend on the type of offence or if it is a first or subsequent offence. A person will have to submit extensive evidence to the court to be exempt from an interlock order.
Penalties for Drink driving in NSW can vary and depend on:
· The type of drink driving charge
· Blood Alcohol Concentration or BAC reading
· A person’s traffic record
· Prior drink driving or traffic offences
· Objective and subjective features of a person’s case
Drink Driving Penalties in NSW
There are six ranges of drink driving in NSW, each with its own BAC threshold limit. These ranges carry heavy penalties and each has different minimum and maximum penalties, fines, licence disqualification periods, and a criminal period. The legal limit for standard drink driving depends on a person’s licence type or class in NSW. It is illegal to drive if a person is above the drink driving threshold level prescribed for a person’s licence type.
An unrestricted licence holder is not allowed to drive with a BAC reading of 0.05g or more of a concentration of alcohol in their system. A provisional, learner, or interlock driver’s licence holder isn’t allowed to drive with any concentration of alcohol in their system.
The six drink driving ranges are:
· High range
· Mid-range
· Driving under the influence or DUI
· Low range
· Special range
· Novice range
High Range Drink Driving Charges in NSW
A person driving with a high range of alcohol in their system commits an offence under Section 110(5) of the Road Transport Act 2013 (NSW).
· High Range PCA is the most serious drink driving offence
· The driver has a BAC of 0.15 and higher
· Police will administer a breath test
· The penalties for high range drink driving are severe
· Prison is a possibility, even for a first-time offender
· High Range PCA is heard before a Magistrate in Local Court
· This offence will be noted on a person’s criminal record
· A Section 10 will not be considered for a high-range PCA
The penalties for a high range drink driving charge are listed below:
High Range Penalties | High Range First offence | Second or subsequent offences |
Maximum court-imposed fine | $3300 | $5500 |
Maximum prison term | 18 months | 24 months |
Minimum disqualification | 12 months | 2 years |
Maximum disqualification | Unlimited | Unlimited |
Automatic disqualification | 3 years | 5 years |
Immediate licence suspension | Yes | Yes |
Alcohol Interlock order | Yes | Yes |
Mid-Range Drink Driving Charges in NSW
A person driving with a medium range of alcohol in their system commits an offence under Section 110(4) of the Road Transport Act 2013 (NSW).
· Mid-range drink driving is a serious drink driving offence in NSW
· The driver has a BAC above 0.08 but less than 0.15
· Police will administer a breath test
· Prison is not likely for a first-time offender
· Mid-range PCA is heard before a Magistrate in Local Court
· This offence will be noted on a person’s criminal record
· Section 10 of the Crimes (Sentencing Procedure) Act 1999 can apply to avoid penalties
The penalties for a mid-range drink driving charge and mid range drink driving first offence in nsw are listed below:
Mid-Range Penalties | Mid- Range First offence | Second or subsequent Offences |
Maximum court-imposed fine | $2200 | $3300 |
Maximum prison term | 9 months | 12 months |
Minimum disqualification | 6 months | 12 months |
Maximum disqualification | Unlimited | Unlimited |
Automatic disqualification (a disqualification period that applies in the absence of a specific court order) | 12 months | 3 years |
Immediate licence suspension | Yes | Yes |
Subject to an Alcohol Interlock order | Yes | Yes |
Driving Under the Influence or DUI Charges in NSW
Driving under the influence (DUI) of alcohol is an offence under Section 112 of the Road Transport Act 2013 (NSW).
· DUI is a major traffic offence in NSW
· Police are not required to prove blood alcohol content
· DUI charges are heard before a Magistrate in Local Court
· This offence will be noted on a person’s criminal record
· The offender has to participate in the alcohol interlock program
· Section 10 of the Crimes (Sentencing Procedure) Act 1999 can apply to avoid penalties
The Police must simply state that a person’s behaviour led them to believe that a person was under the influence of alcohol. The police can charge a person with a DUI when:
· More than two hours have passed, and a breath analysis is prohibited by NSW law
· If a person sustained injuries in a car accident and can’t be breathalysed
· A person appears under the influence but no evidence of alcohol use can be found
· A person under the influence occupies the driver seat and attempt to put the vehicle in motion
The penalties for a DUI drink driving charge are listed below:
DUI Penalties | DUI First offence | Second or subsequent offences |
Maximum fine | $3,300 | $5,500 |
Maximum imprisonment | 18 months | 2 years |
Mandatory Interlock offence – under the influence of alcohol | Yes | Yes |
Maximum disqualification with interlock | 9 months | 12 months |
Minimum disqualification with interlock | 6 months | 9 months |
Minimum interlock period | 2 years | 4 years |
Automatic disqualification if no interlock | 3 years | 5 years |
Minimum disqualification if no interlock | 12 months | 24 months |
Immediate licence suspension | Yes | Yes |
Low Range Drink Driving NSW
Low range drink driving in NSW is an offence under Section 112 of the Road Transport Act 2013 (NSW).
· The driver has a BAC between 0.05 and 0.08
· Police will administer a breath test
· Police must have evidence of a person’s BAC within two hours of driving
· A low range drink driving offence is a fine-only offence and cannot lead to imprisonment
· Low range PCA is heard before a Magistrate in Local Court
· This offence will be noted on a person’s criminal record
· Section 10 of the Crimes (Sentencing Procedure) Act 1999 can apply to avoid penalties
The penalties for a Low Range PCA drink driving charge are listed below:
Low Range Penalties | Low Range First offence | Second or subsequent offences |
Penalty notice fine | $572 | N/A |
Immediate licence suspension | Yes | Yes |
Maximum court- imposed fine | $2200 | $3300 |
Maximum prison term | N/A | N/A |
Minimum disqualification | 3 months | 6 months |
Maximum disqualification | 6 months | Unlimited |
Automatic disqualification | 6 months | 12 months |
Subject to an Alcohol Interlock order | No | Yes |
Special Range Drink Driving
Section 110(2) of the Road Transport Act 2013 (NSW) describes special range drink driving as an offence.
· The court does not look kindly upon special category drivers who drink and drive
· A special category driver has a BAC between 0.02 to 0.05
· Police will administer a breath test
· Special range PCA is heard before a Magistrate in Local Court
· If a person is convicted, this offence will be noted on a person’s criminal record
· Section 10 of the Crimes (Sentencing Procedure) Act 1999 can apply to avoid penalties
A special category driver has a zero alcohol limit and they typically are:
· Taxi and bus drivers
· Drivers of vehicles carrying dangerous goods
· Drivers of heavy vehicles
· Drivers who have a disqualified from driving, suspended, or cancelled licence
· Drivers who have never been granted a licence
· Learner licence holders
· Provisional (P1 or P2) licence holders
The penalties for a Special Range PCA drink driving charge are listed below:
Special Range Penalties | Special Range First offence | Second or subsequent offences |
Penalty notice fine | $572 | N/A |
Immediate licence suspension | Yes | Yes |
Maximum court- imposed fine | $2200 | $3300 |
Maximum prison term | N/A | N/A |
Minimum disqualification | 3 months | 6 months |
Maximum disqualification | 6 months | Unlimited |
Automatic disqualification | 6 months | 12 months |
Alcohol Interlock order | No | Yes |
Novice Range Drink Driving
Novice range drink driving is an offence under Section 110(1) of the Road Transport Act 2012 (NSW).
· The driver has a BAC is 0.00 up to 0.02
· Police will administer a breath test
· A novice range drink driving offence is a fine-only offence and cannot lead to imprisonment
· Novice range PCA is heard before a Magistrate in Local Court
· This offence will be noted on a person’s criminal record if a person is convicted
· Section 10 of the Crimes (Sentencing Procedure) Act 1999 can apply to avoid penalties
A novice driver is a person who:
· Have a learner licence
· Have a provisional licence
· Is participating in the alcohol interlock programme
The penalties for a Novice Range PCA drink driving charge are listed below:
Novice Range Penalties | Novice Range First offence | Second or subsequent offences |
Penalty notice fine | $572 | N/A |
Immediate licence suspension | Yes | Yes |
Maximum court- imposed fine | $2200 | $3300 |
Maximum prison term | N/A | N/A |
Minimum disqualification | 3 months | 6 months |
Maximum disqualification | 6 months | Unlimited |
Automatic disqualification | 6 months | 12 months |
Alcohol Interlock order | No | Yes |
The drink driving laws in NSW are complex and the information about the penalties, fines, sentences, and period of licence disqualification of the different drink driving offences may be overwhelming.
Contact Lyons Law Group to speak to an expert traffic lawyer in Sydney for assistance with any of the above drink driving offences.
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