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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.

OffencesPenaltyAutomatic 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 years12 months6 months9 months24 months
High Range
(2nd)
$5500 fine or
2 years jail
5 years2 years9 months12 months48 months
Mid-Range
(1st)
$2200 fine or
9 months
jail
12 months6 months3 months6 months12 months
Mid-Range
(2nd)
$3300 fine or
12 months
jail
3 years12 months6 months9 months24 months
Low/special/
novice range
(1st)
$2200 fine6 months3 months---
Low/special/
novice range
(2nd)
$3300 fine12 months6 months1 month3 months12 months
DUI Alcohol
(1st)
$3300 fine
18 months
3 years 12 months6 months9 months 24 months
DUI Alcohol
(2nd)
$5500 fine or
2 years jail
5 years2 years9 months12 months48 months
Drug present
in system
(1st)
$2200 fine6 months3 months---
Drug present
in system
(2nd)
$3300 fine12 months6 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):

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.

Angela Cooney

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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