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Drink driving penalties NSW - dui penalties NSW

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10 Practical tips for representing yourself in a drink driving charge

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.


Low, Novice or Special Range PCA
Penalty First offence Second or subsequent offence
Infringement Notice Fine $561 N/A
Maximum fine $2,200 $3,300
Maximum imprisonment N/A N/A
Mandatory Interlock offence? No Yes
Maximum disqualification before interlock NA 3 months
Minimum interlock period N/A 12 months
Automatic disqualification if no interlock N/A 12 months
Minimum disqualification if no interlock N/A 6 months
Immediate licence suspension Yes Yes
Mid Range PCA
Penalty First offence Second or subsequent offence
Maximum fine $3,300 $5,500
Maximum imprisonment 9 months 12 months
Mandatory Interlock offence? Yes Yes
Maximum disqualification before interlock 6 months 9 months
Minimum interlock period 12 months 2 years
Automatic disqualification if no interlock 12 months 3 years
Minimum disqualification if no interlock 6 months 12 months
Immediate licence suspension Yes Yes
High Range PCA
Penalty First offence Second or subsequent offence
Maximum fine $3,300 $5,500
Maximum imprisonment 18 months 2 years
Mandatory Interlock offence? Yes Yes
Maximum disqualification before interlock 9 months 12 months
Minimum interlock period 6 months 9 months
Automatic disqualification if no interlock 3 years 5 years
Minimum disqualification if no interlock 12 months 2 years
Immediate licence suspension Yes Yes
Refuse Breath Analysis
Penalty First offence Second or subsequent offence
Maximum fine $3,300 $5,500
Maximum imprisonment 18 months 2 years
Mandatory Interlock offence? Yes Yes
Maximum disqualification before interlock 9 months 12 months
Minimum interlock period 6 months 9 months
Automatic disqualification if no interlock 3 years 5 years
Minimum disqualification if no interlock 12 months 2 years
Immediate licence suspension Yes Yes
DUI
Penalty First offence Second or subsequent offence
Maximum fine $3,300 $5,500
Maximum imprisonment 18 months 2 years
Mandatory Interlock offence? Yes (if under the influence of alcohol) Yes (if under the influence of alcohol)
Maximum disqualification before interlock 9 months 12 months
Minimum interlock period 2 years 4 years
Automatic disqualification if no interlock 3 years 5 years
Minimum disqualification if no interlock 12 months 2 years
Immediate licence suspension Yes Yes

Definition 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.


where to next?

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.

Why Choose Armstrong Legal?

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