What is Drink Driving in NSW?

Drink driving is the offence of driving, attempting to drive, or supervising a learner driver while affected by alcohol or with a blood alcohol concentration (BAC) above the legal limit prescribed by law.

In New South Wales, a fully licensed driver must have a blood alcohol concentration (BAC) of less than 0.05 while driving. Learner and provisional (P1 and P2) licence holders, and drivers who are subject to an alcohol interlock condition, are required to comply with a zero BAC limit. Drivers of certain classes of vehicles, including buses, taxis, rideshare vehicles and vehicles carrying dangerous goods, are subject to a lower prescribed alcohol limit of less than 0.02.

Police have extensive powers to conduct roadside breath tests throughout NSW. If a driver records a BAC above the legal limit, they may be charged with a drink driving offence, commonly referred to as a Prescribed Concentration of Alcohol (PCA) offence.

The seriousness of a drink driving charge depends on the driver’s BAC reading. NSW law categorises PCA offences into several ranges, including Special Range PCA, Novice Range PCA, Low Range PCA, Mid Range PCA and High Range PCA.

NSW courts treat drink driving offences seriously because alcohol significantly impairs a person’s ability to drive safely. Even relatively small amounts of alcohol can affect reaction time, judgement, concentration, coordination and decision-making, increasing the risk of accidents that may cause serious injury or death.

What Does PCA Mean?

PCA stands for “Prescribed Concentration of Alcohol”. This is the legal term used in NSW to describe drink driving offences.

When a driver undergoes a breath analysis at a police station or mobile testing facility, the breath analysis determines whether the driver exceeds the prescribed concentration of alcohol. Depending on the recorded reading, the driver may be charged with a particular category of PCA offence. The higher the reading, the more serious the offence and the more severe the penalties that may apply.

Low Range PCA

A person commits the offence of Low Range PCA when they drive with a blood alcohol concentration of at least 0.05 but less than 0.08.

Low Range PCA is often committed by otherwise law-abiding drivers who have consumed alcohol socially and mistakenly believed they were under the legal limit. However, the offence is still treated seriously by the courts and can result in a criminal conviction, licence disqualification and significant fines.

For many first-time offenders, a Low Range PCA charge will be their first experience with the criminal justice system. Obtaining legal advice before attending court can assist in achieving the best possible outcome.

Mid Range PCA

A person commits the offence of Mid Range PCA when they drive with a blood alcohol concentration of at least 0.08 but less than 0.15.

Mid Range PCA is regarded as a significantly more serious offence than Low Range PCA because of the increased risk posed to other road users. Drivers charged with Mid Range PCA commonly face lengthy periods of licence disqualification and may also be required to participate in the Alcohol Interlock Program.

The court will consider a range of factors when determining the appropriate penalty, including the reading recorded, the circumstances of the offence, the person’s traffic history and any evidence of rehabilitation.

High Range PCA

High Range PCA is the most serious category of drink driving offence in NSW.

A person commits High Range PCA when they drive with a blood alcohol concentration of 0.15 or higher. At this level, the effects of alcohol can significantly impair a driver’s judgement, reaction time and ability to safely control a vehicle.

Because of the elevated risk to public safety, High Range PCA offences attract the most severe penalties available for drink driving matters. In serious cases, particularly where a person has prior drink driving convictions, the court may consider a term of imprisonment.

If you have been charged with High Range PCA, it is important to obtain legal advice as early as possible to ensure that all available sentencing options and mitigating factors can be properly presented to the court.

Special Range PCA

Special Range PCA applies to drivers who are required to maintain a lower alcohol limit than fully licensed drivers, including certain professional and heavy vehicle drivers and drivers subject to an alcohol interlock condition.

The offence is committed when the driver records a blood alcohol concentration of at least 0.02 but less than 0.05.

Although the reading is lower than Low Range PCA, a conviction can still result in substantial consequences, including fines and licence disqualification.

Novice Range PCA

Novice Range PCA applies to learner and provisional licence holders who are required to maintain a zero blood alcohol concentration while driving.

The offence is committed when a novice driver records a blood alcohol concentration above zero but below 0.02.

NSW adopts a zero-tolerance approach to alcohol consumption by learner and provisional drivers due to their limited driving experience and the increased risk associated with alcohol consumption.

What Happens After a Drink Driving Charge?

Following a positive breath analysis, police may issue a Court Attendance Notice requiring the driver to attend court at a later date. In some lower-range matters, police may instead issue a penalty notice if the legislation permits. 

Depending on the offence, police may also immediately suspend the driver’s licence.

When a drink driving matter comes before the court, the magistrate will consider a range of factors, including:

• The driver’s blood alcohol concentration;

• Whether the offence is a first offence or a subsequent offence;

• The person’s traffic and criminal history;

• The circumstances in which the offence occurred;

• Evidence of remorse and rehabilitation; and

• The impact that a licence disqualification may have on the driver and their family.

Every case is different and the outcome will depend on the specific facts and circumstances of the matter.

Can I Avoid a Criminal Conviction?

Whether a person can avoid a criminal conviction depends on the nature of the offence, their personal circumstances and the sentencing options available to the court. 

In some cases, the court may determine that it is appropriate to deal with an offender without recording a conviction. This is generally reserved for matters where there are strong subjective circumstances and the offence falls at the lower end of objective seriousness. 

Depending on the circumstances, the court may make an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), including dismissing the charge without recording a conviction or making a Conditional Release Order (CRO) without conviction. Whether such an outcome is available will depend on the facts of the case, the offender’s personal circumstances, the seriousness of the offence and the court’s assessment of whether such an order is appropriate. 

Obtaining legal advice at an early stage can assist in identifying the most appropriate approach and ensuring that all relevant material is properly presented to the court.

Do I Need a Lawyer for a Drink Driving Charge?

While it is possible to represent yourself in court, obtaining legal advice can significantly improve your understanding of the process and the sentencing options available.

An experienced drink driving lawyer can assist with:

• Reviewing the evidence;

• Identifying any available legal defences;

• Preparing character references and supporting material;

• Drafting written submissions;

• Presenting your case to the court; and

• Seeking the most favourable outcome available in the circumstances.

Early preparation is often critical, particularly for Mid Range and High Range PCA offences where the consequences can be substantial.

Penalties for Drink Driving in NSW

The penalties for drink driving offences in NSW vary depending on the category of offence, whether it is a first or second offence and the circumstances of the case.

Please see the table below for a detailed breakdown of the penalties that apply to Low Range, Mid Range and High Range PCA offences in New South Wales.

		Disqualification	Interlock	Disqualification if Interlock is not available	Maximum fine and Imprisonment
Low Range	First Offence	Min. 3 monthsMax. 6 months	N/A	N/A	Fine: $2200
	Subsequent Offence	Min. 1 monthMax. 3 months	12 months	Min. 6 monthsMax. 12 months	Fine: $3300
Mid Range	First Offence	Min. 3 monthsMax. 6 months	12 months	Min. 6 monthsMax. 12 months	Fine: $2200Imprisonment: 9 months
	Subsequent Offence	Min. 6 monthsMax. 9 months	2 years	Min. 12 monthsMax. 36 months	Fine: $3300Imprisonment: 12 months
High Range	First Offence	Min. 6 monthsMax. 9 months	2 years	Min. 12 monthsMax. 3 years	Fine: $3300Imprisonment: 18 months
	Subsequent Offence	Min. 9 monthsMax. 12 months	4 years	Min. 2 yearsMax. 5 years	Fine: $5500Imprisonment: 2 years

Can I Avoid a Licence Disqualification or Prison Sentence?

The court may reduce the automatic disqualification period to the minimum disqualification period where appropriate. The actual period imposed will depend on the circumstances of the offence, the offender’s personal circumstances, their traffic history, and any evidence of rehabilitation placed before the court.

In relation to offences where imprisonment is available, a custodial sentence is not mandatory. The court has a range of sentencing options available and, in many cases, imprisonment can be avoided. Whether a person is sentenced to imprisonment will depend on factors such as the seriousness of the offence, their criminal and traffic history, any prior drink driving convictions, and the strength of the subjective material presented to the court.

Obtaining legal advice at an early stage can assist in ensuring that all relevant mitigating factors are properly presented and that the strongest possible case is advanced on sentence.

What is the Alcohol Interlock Program?

The Alcohol Interlock Program is a mandatory program that applies to certain drink driving offenders in New South Wales. It requires a driver to install an approved alcohol interlock device in any vehicle they drive.

The device requires the driver to provide an alcohol-free breath sample before the vehicle can be started and at random intervals while driving. If alcohol is detected, the vehicle will not start or the event will be recorded and reported.

The purpose of the program is to reduce repeat drink driving offences and improve road safety by allowing offenders to return to driving under strict supervision. Drivers who are ineligible for the program may instead receive a longer disqualification period.

What is the Difference Between a First Offence and a Second or Subsequent Offence?

For drink driving offences in New South Wales, a person will generally be treated as a second or subsequent offender if they have been convicted of a major traffic offence within the previous five years.

This distinction is important because second or subsequent offences attract significantly higher penalties than first offences. Depending on the category of drink driving offence, repeat offenders may face higher fines, longer licence disqualification periods, mandatory participation in the Alcohol Interlock Program, and an increased risk of imprisonment.

When sentencing an offender, the court will take into account their traffic history, any prior drink driving convictions and the need for both personal and general deterrence.