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Drink driving penalties NSW - dui penalties NSW

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Contact Armstrong Legal:
Sydney: (02) 9261 4555

Drink driving penalties in NSW.  This page outlines the maximum penalties for all drink driving charges in NSW.  It also contains details as to what the minimum and automatic periods of disqualifications for all drink driving offences in NSW.

Regardless of the seriousness of a drink driving charge it is open to a court not to impose any penalty but dismiss the charge under section 10 of the Crimes (Sentencing Procedure Act).  If an order is made under section 10 there is no criminal conviction recorded and no disqualification or fine imposed.


Offence Maximum fine Maximum jail Automatic disqualification  Minimum disqualification
Drink driving penalties in NSW
– First Major offence* within 5 years
Novice range PCA
0.01 – 0.019
$1,100 Nil 6 months 3 months
Special range PCA
0.02 – 0.049
$1,100 Nil 6 months 3 months
Low range PCA
0.05 - 0.079
$1,100 Nil 6 months 3 months
Mid range PCA
0.08 - 0.149
$2,200 9 months 12 months 6 months
High range PCA
over 0.150
$3,300 18 months 3 years 12 months
Driving under the influence (DUI)
$2,200 9 months 12 months 6 months
Refuse breath analysis $3,300 18 months 3 years 12 months
Willfully alter blood concentration $3,300 18 months 3 years 12 months
Refuse breath test $1,100 Nil 6 months Nil
Drink driving penalties in NSW
– Second or subsequent major offence within 5 years
Novice range PCA (0.00 – 0.019) 2200 Nil 12 months 6 months
Special range PCA ( 0.02 – 0.049 ) 2200 Nil 12 months 6 months
Low range PCA ( 0.05 - 0.079 ) 2200 Nil 12 months 6 months
Mid range PCA ( 0.08 - 0.149 ) 3300 12 months 3 years 12 months
High range PCA ( over 0.150 ) 5500 2 years 5 years 2 years
Driving under the influence (DUI) 3300 12 months 3 years 12 months
Refuse breath analysis 5500 2 years 5 years 2 years
Willfully alter blood concentration 5500 2 years 5 years 2 years
Refuse breath test 1100 Nil

Defintion of Drink Driving Terms

Automatic period of disqualification: This is the period of disqualification that you can expect a court to impose for a drink driving charge.

Major offence includes the following offences (uncommon offences not included):

Minimum period of disqualification: This is the minimum period of disqualification that a court can impose for a drink driving charge.

PCA stands for prescribed concentration of alcohol.


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In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.

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