Drink Driving Offences NSW

Prescribed Concentration of Alcohol (PCA) Levels in NSW

The most common drink driving charges in NSW are called Prescribed Concentration of Alcohol (PCA) offences. These are based primarily on the Blood Alcohol Concentration (BAC) recorded in your breath or blood.

Under Section 108 of the Road Transport Act 2013 (NSW), PCA levels are defined as follows:

Category	Blood Alcohol Concentration (BAC)	How Police / Courts View It
Novice Range PCA	More than 0.00 but < 0.02	Any alcohol at all for drivers who are supposed to have a zero limit (e.g. Learner, P1, P2).
Special Range PCA	0.02 to < 0.05	Applies to “special category drivers”, such as taxi / passenger drivers, heavy vehicle drivers and certain other categories with higher duty of care.
Low Range PCA	0.05 to < 0.08	Most common first-time drink driving range for ordinary unrestricted drivers. Still treated seriously.
Mid Range PCA	0.08 to < 0.15	Regarded as a significant risk to public safety. The Court will often be told you were “moderately affected by intoxicating liquor”.
High Range PCA	≥ 0.15	Considered extremely serious. Court views you as “well affected by intoxicating liquor” and a major danger to the community. Real risk of jail, especially if repeat offending or aggravation is present.

Each PCA category corresponds to a specific offence under Section 110 of the Road Transport Act 2013 (NSW).

Novice Range Drink Driving NSW

A Novice Range PCA offence generally applies when a person who is required by law to have a zero BAC returns a reading above 0.00 but below 0.020. This most commonly includes Learner drivers and Provisional (P1/P2) drivers. Even though the BAC reading itself sounds low compared to other PCA categories, NSW law treats this very seriously because it usually indicates a driver with limited experience who is supposed to be driving with absolutely no alcohol in their system.

In NSW, Novice Range Drink Driving is dealt with under Section 110(1) of the Road Transport Act 2013, which states that a novice driver must not, while there is present in the driver’s breath or blood the novice range prescribed concentration of alcohol:

• drive a motor vehicle; or
• sit in the driver’s seat and attempt to put the vehicle in motion.

Special Range Drink Driving NSW

A Special Range PCA offence applies in NSW where a reading is 0.020 to < 0.050 AND the driver falls into a specific “special category driver” class. This class captures drivers who are considered to hold a higher duty of care because of what or whom they are carrying, or the nature/weight of the vehicle.

Special Range most commonly includes:

• Learner drivers;
• Provisional drivers;
• Unlicensed, suspended, disqualified or cancelled drivers;
• Drivers carrying passengers for reward or hire (e.g. taxi, rideshare, limousine);
• Drivers of a coach or a vehicle over 13.9 tonnes GVM;
• Drivers hauling a trailer where the combined GVM exceeds 13.9 tonnes;
• Drivers carrying dangerous goods or radioactive substances.

The relevant law is Section 110(2) of the Road Transport Act 2013 (NSW), which makes it an offence for a special category driver (or in some cases, a supervising driver) to drive, attempt to drive, or supervise a learner driver while the special range prescribed concentration of alcohol is present.

Low Range Drink Driving NSW

Low Range Drink Driving (Low Range PCA) is one of the most common offences to come before the Local Courts in New South Wales. A person will typically be charged with Low Range PCA when their blood alcohol reading is 0.050 to < 0.080. This captures most first-time “ordinary” full licence holders who have had “a couple too many” without realising how easily they can go over 0.05.

Even though this is called “Low Range” it is still treated as a serious criminal traffic offence in NSW because, by definition, the reading proves you are affected by alcohol and therefore pose a risk to other drivers and the community. Police will often describe a Low Range driver as “slightly affected by intoxicating liquor”.

Most people who plead guilty to Low Range PCA will receive:

• a fine,
• a period of driver licence disqualification, and
• a criminal conviction.

However, in some cases the Court may be persuaded to deal with the matter by way of a non-conviction outcome (commonly referred to as a “Section 10 dismissal”), which means:

• no fine,
• no licence disqualification,
• no criminal conviction recorded.

Low Range PCA is prosecuted under Section 110(3) of the Road Transport Act 2013 (NSW), which makes it an offence for a person, while the Low Range prescribed concentration of alcohol is present in their breath or blood, to:

• drive a motor vehicle,
• sit in the driver’s seat and attempt to put the vehicle in motion, or
• if they hold an unrestricted licence, sit next to a learner driver who is driving.

Middle Range Drink Driving NSW

Middle Range PCA (often called “Mid Range Drink Driving”) applies where the driver’s blood alcohol concentration is recorded at 0.080 to < 0.150. This is treated by NSW Courts as a very serious and dangerous offence. Police fact sheets will commonly say that the driver was “moderately affected by intoxicating liquor”.

Because Mid Range PCA implies a higher level of intoxication, sentencing options quickly escalate. Penalties include larger fines, longer disqualification periods and in more serious cases a community-based order or even a custodial penalty. The ability to achieve a “no conviction” outcome (Section 10 style dismissal) becomes more difficult — though not technically impossible — and depends on the presence of very strong subjective material in your favour and low objective seriousness (e.g. no crash, highly unusual circumstances, exceptional need for licence).

Mid Range PCA is prosecuted under Section 110(4) of the Road Transport Act 2013 (NSW), which again makes it an offence to drive, attempt to drive, or supervise a learner while you have a Mid Range prescribed concentration of alcohol in your breath or blood.

High Range Drink Driving NSW

High Range PCA (also called “High Range Drink Driving”) is one of the most serious alcohol-related driving offences in NSW. It applies if your BAC is 0.150 or higher. Someone in the High Range category is usually described by police as “well affected by intoxicating liquor”.

Court after Court in NSW has made it extremely clear: High Range PCA will be dealt with harshly and swiftly. The reasoning is simple — a driver with a reading of 0.150 or above is seen as posing an immediate and severe danger to other road users and the community in general. The higher the reading is above 0.150, the more aggravating the Court will consider the matter.

Penalties for High Range PCA regularly include lengthy disqualification, very large fines, mandatory Alcohol Interlock Programs before you are allowed to drive again, and in many cases, terms of imprisonment, especially for repeat offenders or where there was a crash or other serious aggravation.

The High Range PCA offence is set out at Section 110(5) of the Road Transport Act 2013 (NSW), and (like the other PCA ranges) it criminalises driving, attempting to drive, or certain forms of supervising a learner driver while that High Range reading is present in your system.

Drive Under the Influence (DUI) NSW

In addition to PCA-based offences, NSW Police can also charge Drive Under the Influence, commonly shortened to DUI. Many people casually use “DUI” to describe all drink driving matters, but in NSW the term DUI has a specific meaning under Section 112 of the Road Transport Act 2013 (NSW).

DUI is usually laid when police cannot obtain a reliable breath/blood reading, but they allege that you were clearly affected by intoxicating liquor (or another drug) based on their direct observations and evidence such as your manner of driving, speech, balance, smell of alcohol, physical presentation and behaviour after stopping you.

For example, if police attend your home after a crash and you are now on private property, the law can prevent them from breath testing you there. However they might still lay a DUI charge if, using their experience and detailed notes, they believe you were under the influence at the time of driving.

Section 112 makes it an offence, while under the influence of alcohol or any other drug, to:

• drive a vehicle,
• sit in the driver’s seat and attempt to put it in motion, or
• if you hold an unrestricted licence, sit next to a learner driver who is driving.

DUI is treated as extremely serious because the Court is told you were actively affected by intoxicating liquor or drugs whilst in charge of a motor vehicle, and yet there is no precise BAC reading. Practically speaking, the Courts often sentence DUI in a way that is similar to a Mid Range PCA offence.

Wilfully Alter Blood Alcohol Concentration NSW

NSW Police can also lay the charge of Wilfully Alter Blood Alcohol Concentration if they allege that you tried to manipulate, mask or otherwise change your true BAC between the time of driving and the time they were able to test you.

Common examples include:

• You drink additional alcohol after an accident and then claim you were sober while driving, making it impossible for police to know what your BAC really was at the time of the crash;
• You consume something intended to interfere with an upcoming breath test or breath analysis result;
• You deliberately delay providing a sample to try to “wait out” your alcohol level.

These offences are prosecuted under Schedule 3, Part 2, Section 18 of the Road Transport Act 2013 (NSW) and are viewed by the Courts as extremely serious — often on par with a High Range PCA or Refuse / Fail offences — because they suggest an attempt to obstruct the truth and frustrate road safety enforcement.

Refuse or Fail Breath “Test” NSW

When you’re stopped roadside, police will usually first require you to undertake a preliminary breath test. If you refuse to provide a sample, or you fail to provide an adequate sample after being given proper opportunity (often 3 chances), you can be charged with Refuse / Fail Breath Test.

The roadside test is generally used by police as an initial indicator that you may be over the legal limit. If you refuse or fail, police commonly escalate the matter and require you to attend for a more formal breath analysis.

Refuse or Fail Breath “Analysis” NSW

Refusing or failing to provide a breath analysis sample (after being lawfully directed to do so and being given proper chances) is regarded by NSW Courts as extremely serious. It effectively prevents police from obtaining your BAC and is often treated with the same gravity as High Range PCA or attempts to alter BAC. Magistrates see this as an effort to avoid accountability.

As a result, penalties for Refuse / Fail Breath Analysis can include heavy fines, lengthy disqualification, mandatory interlock and (particularly for repeat offenders) a real risk of imprisonment. Courts consider this type of behaviour to undermine the entire drink driving enforcement regime in NSW.

How NSW Local Court Will Sentence You

When sentencing drink driving matters, the NSW Local Court will look at both: (1) Objective seriousness of the offence and (2) Your subjective circumstances.

Objective seriousness includes things like:

• Your BAC (PCA category / “range”);
• Whether there was an accident, injury, passengers at risk or other aggravating features;
• Your manner of driving (speeding, dangerous driving etc.);
• How you behaved with police (polite and compliant vs aggressive / obstructive);
• Whether you tried to avoid detection (fail/refuse/alter BAC etc.).

Subjective circumstances include:

• Your traffic record and criminal record, if any;
• Your personal background, employment situation and need for a licence (for work, caring for family etc.);
• Any health or personal issues (e.g. alcohol misuse, mental health stressors) and steps you’ve taken to address them;
• Your level of remorse, insight and rehabilitation efforts (counselling, abstinence, treatment, programs);
• Character references and apology letters to the Court.

We prepare tailored sentencing material for our clients across NSW every single day, including written submissions to the Magistrate, character references, reports of completion of a Traffic Offender / Driver Education Program, medical or counselling reports, and employment hardship letters. This material is critical if you are hoping to obtain the most lenient penalty available to you, including (where realistically arguable) a non-conviction outcome.

What Is a “Section 10” / Non-Conviction Outcome?

In NSW, the Court still has a discretionary power to dismiss a matter without recording a conviction, without imposing a fine and without disqualifying your licence. This is commonly known as a Section 10 dismissal or “non-conviction order”.

To have any realistic chance at this sort of result, you normally need to show:

• very low objective seriousness (e.g. very low reading within Low Range, no crash),
• excellent subjective material (clean record, need for licence, remorse, treatment, rehabilitation), and
• a low risk of reoffending.

The Court is not obliged to grant a Section 10 outcome just because you ask for it. The Magistrate will weigh up protecting the community vs the harm that a disqualification and conviction would do to you and anyone who depends on you (family, work, vulnerable people etc.).

Frequently Asked Questions About Drink Driving in NSW

Will I lose my licence for drink driving in NSW?

In most NSW drink driving cases you should expect some period of licence disqualification, a fine and a criminal conviction. Avoiding disqualification is realistically only possible if (a) you successfully defend the charge at a hearing and the matter is dismissed, or (b) you plead guilty but convince the Magistrate to impose a non-conviction outcome (often called Section 10). For Mid Range, High Range, Refuse/Fail, Interlock and repeat matters, disqualification is almost certain and can be lengthy.

What is considered Low Range PCA in NSW?

Low Range PCA applies where your BAC is at least 0.05 but less than 0.08. It is still a criminal traffic offence. The Court will often describe Low Range drivers as “slightly affected by intoxicating liquor”. First time Low Range offenders will often receive a fine, a conviction and a period of disqualification. In appropriate cases with strong subjective material, the Court can deal with it without conviction, fine or disqualification.

What happens if I blow over 0.150 in NSW?

A reading of 0.150 or more is High Range PCA. NSW Courts view this as extremely serious because the risk to the public is considered very high. You are looking at a lengthy period of disqualification, very large fines, likely mandatory Alcohol Interlock, and a real risk of imprisonment (especially if you’ve been in trouble before or if there was a crash or other aggravating factor).

What is a Section 10 / non-conviction outcome?

A Section 10 dismissal (now generally described in NSW as a “non-conviction order”) means the Court dismisses the charge without recording a conviction, without imposing a fine and without disqualifying your licence. This is discretionary. The Court will consider how serious the offence was, your history, your personal need for a licence, your remorse, the steps you have taken to ensure it won’t happen again, and the broader need to protect the community.

Do I really need a lawyer for drink driving?

For Novice, Special or Low Range PCA you may feel tempted to go alone, but keep in mind you are still at risk of losing your licence and getting a criminal conviction. For Mid Range, High Range, DUI, Refuse / Fail or any alleged repeat offence, the Magistrate will be considering community safety, deterrence and possibly imprisonment. Having an experienced NSW drink driving lawyer prepare material and speak to the Court on your behalf can make a major difference to outcome and sentencing.