Drink Driving / DUI Penalties in NSW
The table displayed on this page contains details of the appropriate penalties for each drink driving offence in New South Wales.
The penalties for each drink driving (DUI) offence increase if you have been convicted of a previous major offence within the last 5 years. A major offence includes the following offences (uncommon offences not included)
1. Driving under the influence of alcohol (DUI)
2. Novice range PCA - drink driving
3. Special range PCA - drink driving
4. Low range PCA - drink driving / DUI
5. Mid range PCA - drink driving / DUI
6. High range PCA - drink driving / DUI
7. Refuse breath analysis / Fail to provide a sufficient sample of breath - Drink Driving / DUI
8. Drive while suspended / cancelled and disqualified - Drink Driving / DUI
9. Drive in a manner or speed dangerous to the public - Drink Driving / DUI
Table of Drink Driving Penalties in New South Wales
|
Disqualification |
|
Fine |
Imprisonment |
Automatic |
Minimum |
| |
| Drink Driving / DUI: High Range PCA (0.15 or more) |
| First Offence |
|
|
|
|
$3300 |
18 months |
3 years |
12 months |
| Subsequent Offences* |
|
|
|
$5500 |
2 years |
5 years |
2 years |
|
|
|
|
|
| Drink Driving / DUI: Mid Range PCA (0.08-0.15) |
| First Offence |
|
|
|
|
$2200 |
9 months |
12 months |
6 months |
| Subsequent Offences* |
|
|
|
$3300 |
12 months |
5 years |
12 months |
| Drink Driving / DUI: Low Range PCA (0.05-0.08) |
| First Offence |
|
|
|
|
$1100 |
nil |
6 months |
3 months |
| Subsequent Offences* |
|
|
|
$2200 |
nil |
12 months |
6 months |
| Drink Driving / DUI: Special Range PCA (0.02-0.05) |
| First Offence |
|
|
|
|
$1100 |
nil |
6 months |
3 months |
| Subsequent Offences* |
|
|
|
$2200 |
nil |
12 months |
6 months |
| Drink Driving / DUI: Novice Range PCA (0.00-0.02) |
| First Offence |
|
|
|
|
$1100 |
nil |
6 months |
3 months |
| Subsequent Offences* |
|
|
|
$2200 |
nil |
12 months |
6 months |
|
|
|
|
|
|
|
| Refuse a Breath Test (not major offence) - section 13 (2) |
|
$1100 |
nil |
|
|
|
|
|
|
|
|
|
|
Refuse Breath Analysis (major Offence)
- willfully altering blood alcohol concentration
- preventing taking of blood sample |
| First Offence |
|
|
|
| $3300 |
18 months |
3 years |
12 months |
| Subsequent Offences* |
|
|
| $5500 |
2 years |
5 years |
2 years |
|
|
|
|
| Driving Under the Influence (Major) - Section 12 (1) |
| First Offence |
|
|
|
| $1100 |
nil |
6 months |
3 months |
| Subsequent Offences* |
|
|
| $2200 |
nil |
12 months |
6 months |
|
|
|
|
Key:
Drink Driving / DUI - Novice range PCA - Range 0.00 to 0.02
Drink Driving / DUI - Special range PCA - Range 0.02 to 0.05
Drink Driving / DUI - Low range PCA - Range 0.05 to 0.08
Drink Driving / DUI - Mid range PCA - Range 0.08 to 0.15
Drink Driving / DUI - High range PCA - Range 0.15 and greater.
PCA stands for Prescribed Concentration of Alcohol
The minimum period of disqualification: This is the minimum period of disqualification that a court can impose for a drink driving offence.
The maximum period of disqualification: This is the maximum period of disqualification that a court can impose for a drink driving offence.
The automatic period of disqualification: This is the period of disqualification that you can expect a court to impose for a drink driving offence.
Regardless of the seriousness of a drink driving offence, it is open to the court not to impose any penalty. The court has the discretion not to convict a person (the matter is proven and dismissed pursuant to section 10 Crimes (Sentencing Procedure) Act) and no disqualification period is imposed.
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