Drink Driving Penalties NSW
This page outlines the maximum penalties for all drink driving charges in New South Wales. 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.
| Offences | Penalty | Automatic disqualification (where no alcohol interlock order is imposed) | Minimum disqualification (where no alcohol interlock order is imposed) | Minimum disqualification period (where alcohol interlock order is imposed) | Maximum disqualification period (where alcohol interlock order is imposed) | Alcohol interlock period |
|---|---|---|---|---|---|---|
| High Range (1st) | $3300 fine or 18 months jail | 3 years | 12 months | 6 months | 9 months | 24 months |
| High Range (2nd) | $5500 fine or 2 years jail | 5 years | 2 years | 9 months | 12 months | 48 months |
| Mid-Range (1st) | $2200 fine or 9 months jail | 12 months | 6 months | 3 months | 6 months | 12 months |
| Mid-Range (2nd) | $3300 fine or 12 months jail | 3 years | 12 months | 6 months | 9 months | 24 months |
| Low/special/ novice range (1st) | $2200 fine | 6 months | 3 months | - | - | - |
| Low/special/ novice range (2nd) | $3300 fine | 12 months | 6 months | 1 month | 3 months | 12 months |
| DUI Alcohol (1st) | $3300 fine 18 months | 3 years | 12 months | 6 months | 9 months | 24 months |
| DUI Alcohol (2nd) | $5500 fine or 2 years jail | 5 years | 2 years | 9 months | 12 months | 48 months |
| Drug present in system (1st) | $2200 fine | 6 months | 3 months | - | - | - |
| Drug present in system (2nd) | $3300 fine | 12 months | 6 months | - | - | - |
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 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 | 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):
- Driving under the influence of alcohol (DUI)
- Novice range PCA – drink driving
- Special range PCA – drink driving
- Low range PCA – drink driving
- Mid range PCA – drink driving
- High range PCA – drink driving
- Refuse breath analysis / fail to provide a sufficient sample of breath
- Drive in a manner or speed dangerous to the public
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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This article was written by Angela Cooney
Angela Cooney is the National Practice Director of Criminal Law at Armstrong Legal and is an Accredited Criminal Law Specialist. Angela is a confident and formidable advocate for her clients. She commonly appears in very complex and serious matters but is able to assist clients with all kinds of criminal and traffic offences. Angela is an experienced court advocate having...
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