What Is a Section 10 Drink Driving NSW?
When charged with drink driving offences in NSW, the Court may, in exceptional circumstances, dismiss the charge under Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). This means no conviction, no fine and no licence disqualification for that offence — but it’s never guaranteed.
Different Types of Section 10
The Court may use one of the following types of Section 10 orders:
- Section 10(1)(a) — outright dismissal (no conviction, fine or disqualification).
- Section 10(1)(b) — dismissal conditional on entering a good behaviour bond.
- Section 10(1)(c) — dismissal conditional on completing a program (e.g. counselling or Traffic Offender Intervention Program).
What the Court Considers
Courts weigh up:
- Your character, background, age, and health.
- Seriousness of the offence (PCA level, crash, danger).
- Evidence of rehabilitation or remorse.
- Any hardship if convicted or disqualified.
Improving Your Chances
To improve prospects for Section 10, offenders should:
- Complete an accredited Traffic Offender Program.
- Obtain strong character references.
- Show evidence of hardship (employment, dependants).
- Engage in counselling or treatment if relevant.
Can a Lawyer Help?
A lawyer cannot guarantee a Section 10 but can prepare persuasive material such as hardship evidence, references and rehabilitation proof to present responsibly before the Magistrate.
No Guaranteed Section 10
Section 10 outcomes are rare and discretionary. Courts prioritise road safety. The higher your BAC reading or the more serious the offence, the less likely the Court will grant leniency.
Our Approach
Boorman Lawyers provides honest and practical advice about whether Section 10 is realistic in your case. We focus on preparing strong evidence, rehabilitation steps, and professional presentation before Court.
Need Help Before Your NSW Drink Driving Court Date?
Our experienced NSW traffic lawyers appear daily in Local Courts across the State. We can help you prepare for sentencing, gather evidence and give you the best possible chance of avoiding a conviction or lengthy disqualification.
This information is general only and not legal advice. Seek professional legal advice before your Court date.
Why Acting Early Helps
- Prepare for the Magistrate’s questions.
- Complete offender programs early.
- Gather hardship and reference material.
- Understand realistic sentencing outcomes.
See also: Drink Driving Penalties NSW and Drug Driving Penalties NSW.
Frequently Asked Questions About Section 10 in NSW
A Section 10 allows the Court to find you guilty but not record a conviction, meaning no fine, no disqualification and no criminal record for that offence.
Usually, yes. If the Court grants a Section 10, you normally avoid disqualification for that offence.
No. The Court still considers the seriousness of your offence, your PCA reading, and whether hardship justifies leniency.
No lawyer can guarantee Section 10. It’s always at the discretion of the Magistrate or Judge. Preparation and evidence matter most.
Disclaimer: This information is general only. Laws and penalties can change. Contact Boorman Lawyers for specific advice before Court.
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I'm so glad I did! I was granted a section 10 which was the best possible outcome in my case. Josh was extremely patient, helpful and professional. He was always there to go through any questions or concerns I had.
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The most professional people, provided full ongoing support, they brought me the best outcome in court, despite my very serious matter. JOSH not only looks after his clients on a professional aspect but also aids in breaking up the personal stress and trauma the client is in.
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I would highly recommend Boorman Lawyers. Josh was the perfect example as to why you should get a lawyer, right from the start he took the stress away, had all paperwork and advice needed spot on, even down to the finer details that can affect an outcome.
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Both Josh and Matt were efficient, professional and very knowledgeable. They kept me updated and made a very stressful situation a lot easier. Would highly recommend to anyone. Thank you so much.
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Great service and affordable pricing. Always available to take my calls and answer all my questions. Will definitely use them again if I ever need a lawyer. Highly recommend!
Michelle
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I was very pleased with the result I got from Boorman Lawyers. Josh made me feel very comfortable and explained everything well. He was very easy to talk to and got me the best possible outcome.
Sarah
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My expectations were exceeded, with my representation by Boorman Lawyers. Especially Mr Josh Boorman. Your advice and help far surpassed the goal. Your kindness, respectfulness, and Integrity, went the extra mile.
Dan
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I'm so glad I did! I was granted a section 10 which was the best possible outcome in my case. Josh was extremely patient, helpful and professional. He was always there to go through any questions or concerns I had.
Rosemary
Google Reviews
The most professional people, provided full ongoing support, they brought me the best outcome in court, despite my very serious matter. JOSH not only looks after his clients on a professional aspect but also aids in breaking up the personal stress and trauma the client is in.
Shubham
Google Reviews
I would highly recommend Boorman Lawyers. Josh was the perfect example as to why you should get a lawyer, right from the start he took the stress away, had all paperwork and advice needed spot on, even down to the finer details that can affect an outcome.
Dave
Google Reviews
Both Josh and Matt were efficient, professional and very knowledgeable. They kept me updated and made a very stressful situation a lot easier. Would highly recommend to anyone. Thank you so much.
Bianca
Google Reviews
Great service and affordable pricing. Always available to take my calls and answer all my questions. Will definitely use them again if I ever need a lawyer. Highly recommend!
Michelle
Google Reviews
I was very pleased with the result I got from Boorman Lawyers. Josh made me feel very comfortable and explained everything well. He was very easy to talk to and got me the best possible outcome.
Sarah
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