NEW SOUTH WALES

Drink Driving Offences NSW

In shortIn NSW, drink driving is charged by alcohol range under the Road Transport Act 2013: novice, special, low, middle and high range PCA, plus DUI and refusal offences. Most carry automatic disqualification and a conviction. A mandatory interlock order applies to mid range (including a first offence), high range, alcohol DUI, refusing breath analysis and repeat offences.

  • Ranges (s 108): novice above 0 and under 0.02; special 0.02 to under 0.05; low 0.05 to under 0.08; middle 0.08 to under 0.15; high 0.15 or more.
  • Interlock (s 209): mandatory for mid range (even a first offence), high range, alcohol DUI and refusing breath analysis. The court must make an interlock order or, on narrow grounds, an exemption order.
  • No conviction (CSPA s 10): a dismissal or conditional release order without conviction is possible but discretionary. It is not available if you had a s 10 for a similar offence in the past 5 years (RTA s 203).

New South Wales law · law checked 23 Oct 2026

What's on this page

What happens if you are charged with drink driving in NSW?

Over the past decade the NSW Parliament has tightened the law to deter drink driving. The Mandatory Alcohol Interlock Program began on 1 February 2015 for high range, refusal and repeat offenders, and from 3 December 2018 it was extended to mid range PCA (including a first offence) and to DUI involving alcohol (TfNSW – Alcohol Interlock Program). Interlock remains a core part of NSW road safety policy.

If you are charged with a drink driving offence and go to court, you should expect:

  • a period of licence disqualification (or an interlock order that includes a shorter minimum disqualification);
  • a fine; and
  • a criminal conviction, unless the court is persuaded to deal with you under section 10 of the Crimes (Sentencing Procedure) Act 1999.

If you are a repeat offender, or the offence has aggravating features such as a crash, a very high reading or passengers at risk, you face a real risk of a harsher sentence, including a community correction order, an intensive correction order or a term of imprisonment.

Ways to finish a matter without a disqualification and a conviction

There are three realistic pathways, and each has limits:

  1. Penalty notice (first low, novice or special range offence only). Police can deal with a first offence in these ranges by an on-the-spot penalty notice ($722 at the date checked) with a 3-month licence suspension. There is no court appearance and no conviction, but you still lose your licence for 3 months (TfNSW – drink and drug driving penalties; RTA s 224).
  2. Defend the charge. Plead not guilty, run a defended hearing and have the charge dismissed. See our NSW drink driving defences guide.
  3. Plead guilty and ask for section 10. The court may dismiss the charge, or discharge you on a conditional release order, without recording a conviction. If no conviction is recorded, the automatic disqualification does not apply. This is discretionary and never automatic. More on this below and in our guide to avoiding a drink driving conviction in NSW.

What are the PCA ranges in NSW?

The main drink driving charges in NSW are Prescribed Concentration of Alcohol (PCA) offences. They are based on the alcohol concentration recorded in your breath or blood, measured in grams of alcohol in 210 litres of breath or 100 millilitres of blood. The ranges are set by section 108 of the Road Transport Act 2013, and each range is a separate offence under section 110.

Range Concentration Who it applies to Offence
Novice range More than 0 but under 0.02 Novice drivers: learner, P1, P2 and interlock licence holders, and people who are unlicensed and have never held a licence (s 107) s 110(1)
Special range 0.02 to under 0.05 Special category drivers (see below) s 110(2)
Low range 0.05 to under 0.08 All drivers s 110(3)
Middle range 0.08 to under 0.15 All drivers s 110(4)
High range 0.15 or more All drivers s 110(5)

Police facts sheets often describe a low range driver as "slightly affected", a mid range driver as "moderately affected" and a high range driver as "well affected" by intoxicating liquor. Those are descriptions, not legal tests. The offence is proved by the reading itself.

Each PCA offence can be committed in three ways: driving a motor vehicle, sitting in the driver's seat and attempting to put the vehicle in motion, or (for low, middle and high range, and special range supervisors) sitting next to a learner driver as their supervisor while over the limit.

What is novice range drink driving?

A novice range PCA offence applies when a novice driver returns a reading above zero but below 0.02. Under section 107 a "novice driver" includes learner, provisional P1 and P2 licence holders, interlock licence holders, and people driving who have never held a licence (or have been refused one). Novice drivers must have zero alcohol.

Even though the reading sounds low compared to the other ranges, the law treats this offence seriously because it usually involves a driver with limited experience who is required to have no alcohol in their system at all.

There is a specific statutory defence for novice range (s 110(9)): it is a defence if you prove the alcohol was not caused, in whole or in part, by drinking an alcoholic beverage (other than for religious observance) or by consuming another substance, such as food or medicine, for the purpose of consuming alcohol.

How the court views novice range: you may face a fine, a disqualification and a conviction. The court can deal with the matter under section 10 in an appropriate case. Your age, lack of record, remorse, early plea and steps taken since the offence (for example, completing the Traffic Offenders Program) all matter.

What is special range drink driving?

A special range PCA offence applies where the reading is 0.02 to under 0.05 and the driver is a "special category driver" for that vehicle. These drivers are held to a higher standard because of what or whom they carry, or the size of the vehicle. Under section 107, special category drivers include:

  • learner, provisional and interlock licence holders (who are also novice drivers, so they are caught by novice range from any reading above zero);
  • unlicensed, suspended, cancelled or disqualified drivers;
  • drivers of public passenger vehicles, taxis and hire vehicles carrying passengers for reward;
  • drivers of coaches, and of vehicles with a GVM over 13.9 tonnes, or a vehicle and trailer with a GCM over 13.9 tonnes;
  • drivers of vehicles carrying dangerous goods that require placards, or radioactive substances.

Section 110(2) also catches a special category supervisor sitting next to a learner driver while in the special range.

Why special range matters

People in these categories are trusted to protect the public. A reading under 0.05 can still lead to a conviction, fine and disqualification because the law holds you to a higher standard than a private motorist on a full licence. Courts also consider features such as carrying paying passengers or driving a heavy vehicle on public roads.

What is low range drink driving?

Low range PCA applies to a reading of 0.05 to under 0.08 and is prosecuted under section 110(3). It can catch first-time offenders on a full licence who have had a few drinks without realising how easily they can go over 0.05.

Although it is called "low range", it is still a criminal offence. The reading itself is proof that you were over the limit and a risk to other road users.

For a first offence, police may issue a penalty notice with a 3-month suspension instead of a court attendance notice. If the matter goes to court and you plead guilty, the court can impose:

  • a fine;
  • a period of licence disqualification; and
  • a criminal conviction.

In some cases the court may deal with the matter under section 10, which means no conviction, no fine and no disqualification.

Practical takeaway for low range: the Magistrate will look at your reading, your driving record, any crash or aggravating feature, your need for a licence for work and family, your character references and what you have done since the offence (for example counselling, the Traffic Offenders Program and an apology letter). See our guide to NSW drink driving penalties for the full penalty tables.

What is mid range drink driving?

Middle range PCA (usually called "mid range") applies to a reading of 0.08 to under 0.15 and is prosecuted under section 110(4). NSW courts treat it as a serious offence, and the maximum penalty includes imprisonment even for a first offence (9 months).

Because mid range shows a higher level of intoxication, the sentencing options escalate quickly: larger fines, longer disqualification and, in more serious cases, a community-based order or imprisonment.

Mid range is a mandatory interlock offence, including for a first offence (s 209). Unless the court makes an interlock exemption order, a conviction for a first mid range offence means a minimum disqualification of 3 months (maximum 6 months) and then at least 12 months on an interlock licence.

A section 10 outcome becomes harder at this level but is not impossible. It depends on very strong subjective material and low objective seriousness (for example, no crash, unusual circumstances and a genuine need for a licence).

Why mid range is treated so seriously

At mid range, courts talk openly about community safety, specific deterrence (stopping you from doing it again) and general deterrence (sending a message to the public). For repeat offenders, or where there was a crash or passengers at risk, imprisonment is a genuine possibility. You should not walk into court unprepared at this level.

What is high range drink driving?

High range PCA applies to a reading of 0.15 or more and is prosecuted under section 110(5). It is one of the most serious alcohol-related driving offences in NSW. The maximum penalty for a first offence is 30 penalty units and/or 18 months' imprisonment.

The NSW Court of Criminal Appeal has issued a guideline judgment for high range PCA, which Local Court Magistrates take into account; see our page on the high range PCA guideline judgment. The further the reading is above 0.15, the more serious the court will regard the offence.

High range takeaways:

  • It is a mandatory interlock offence. The court must make an interlock order unless it makes an exemption order on the narrow grounds in section 212.
  • For a first offence with an interlock order, the minimum disqualification is 6 months (maximum 9 months), followed by at least 24 months on an interlock licence.
  • The Magistrate will consider whether imprisonment, or another custodial-range penalty, is appropriate.
  • Subjective material (treatment, abstinence, counselling, remorse and steps to prevent a repeat) becomes critical.
  • A repeat high range offender should expect the prosecution to argue strongly for imprisonment.

What is DUI (driving under the influence) in NSW?

Many people use "DUI" to describe all drink driving, but in NSW it has a specific meaning. Section 112 of the Road Transport Act 2013 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 as their supervisor.

DUI is usually charged when police cannot get a reliable breath or blood reading but allege that you were clearly affected, based on their observations: your manner of driving, speech, balance, the smell of alcohol and how you behaved after being stopped. For example, if police attend your home after a crash, the law may prevent them from breath testing you there, but they may still charge DUI based on the evidence of how you were affected at the time of driving.

The maximum penalty for a first DUI offence is 30 penalty units and/or 18 months' imprisonment, and 50 penalty units and/or 2 years for a second or subsequent offence. DUI involving alcohol is a mandatory interlock offence (since 3 December 2018). DUI involving other drugs carries disqualification but not interlock. Courts treat DUI seriously because there is evidence that you were actually affected while in charge of a vehicle, even without a precise reading.

What is wilfully altering your blood alcohol concentration?

Police can charge this offence if they allege that, between driving and being tested, you did something deliberately to alter the alcohol concentration in your breath or blood. It is an offence under Schedule 3, clause 18 of the Road Transport Act 2013.

Examples include:

  • drinking more alcohol after a crash, so police cannot work out your reading at the time of driving;
  • consuming something intended to interfere with a breath test or breath analysis.

For the alcohol-alteration offences, the maximum penalty is 30 penalty units and/or 18 months' imprisonment for a first offence, and 50 penalty units and/or 2 years for a second or subsequent offence. The disqualification periods are set at the serious end of the scale (an automatic 3 years, minimum 6 months, for a first offence under s 205). Courts treat this offence seriously because it suggests an attempt to hide the truth and frustrate enforcement.

Where are drink and drug driving charges most common in NSW?

Drink driving and drug driving charges are laid all over NSW, but some areas see more than others. Figures released by NSW Police in 2017 placed Byron Bay, Ballina and Tweed Heads among the worst areas for drink driving, with 205 drink driving offences recorded in Byron Bay alone over the previous 12 months. Police also described a "drink driving belt" running from Sydney's northern beaches north along the coast.

None of those northern NSW towns topped the drug driving figures that year. Armidale, Port Macquarie and Goulburn were highest, with 175 drug driving offences recorded in Armidale. Police said that part of the rise in drug driving charges in northern NSW reflected more roadside drug testing, not only more offending.

Those figures are historical. They show that police run random breath and drug testing across the state, and they target areas where they have detected more offending. A random breath test or mobile drug test can happen anywhere, at any time.

Your rights at a roadside breath or drug test in NSW

  • Police can stop any driver at random for a breath test or a mobile drug test. They do not need to suspect you have been drinking or using drugs.
  • Police can require a breath test from a driver, or a licensed supervisor of a learner, involved in a crash.
  • Refusing or failing to provide a sample is an offence in its own right (see below).
  • You must give police your name and address. Apart from that, you do not have to answer questions, and it is usually wise to get legal advice before you make any statement.

This section includes material from our October 2017 news post "NSW DUI Hotspots for Drink and Drug Drivers".

What if you refuse or fail a roadside breath test?

When police stop you, they will usually require a preliminary breath test at the roadside. If you refuse, or fail to provide a sample in the way directed, you can be charged under Schedule 3, clause 16(1)(a). The maximum penalty is 10 penalty units.

The roadside test is a screening test. If it indicates alcohol, or you refuse it, police will usually arrest you and require a formal breath analysis at a police station or a mobile testing unit.

What if you refuse or fail a breath analysis?

Refusing or failing to provide a sample for breath analysis, after being lawfully required to do so, is a much more serious offence (Schedule 3, clause 16(1)(b)). The maximum penalty is the same as for high range PCA: 30 penalty units and/or 18 months' imprisonment for a first offence, and 50 penalty units and/or 2 years for a second or subsequent offence.

It is a mandatory interlock offence. Courts treat it seriously because it stops police obtaining a reading. It is a defence if you prove that you were unable, on medical grounds, to provide the sample (Schedule 3, clause 16(2)). Refusing a blood sample in certain circumstances is a separate offence under clause 17.

What about alcohol and drugs together?

Since 28 June 2021 it has been a separate offence to drive with both a prescribed concentration of alcohol and a prescribed illicit drug present (section 111A). The penalties are higher than for the alcohol offence alone, and the combined offences carry mandatory interlock. For drug-only matters see our guide to NSW drug driving offences and penalties.

What are the maximum penalties and disqualification periods?

Maximum penalties are set in penalty units. A NSW penalty unit is $110 (CSPA s 17). The dollar figures below are as at 20 October 2026.

Offence (RTA 2013) First offence – maximum Second or subsequent (within 5 years) – maximum
Novice range PCA – s 110(1) 20 PU ($2,200) 30 PU ($3,300)
Special range PCA – s 110(2) 20 PU ($2,200) 30 PU ($3,300)
Low range PCA – s 110(3) 20 PU ($2,200) 30 PU ($3,300)
Mid range PCA – s 110(4) 20 PU ($2,200) and/or 9 months' imprisonment 30 PU ($3,300) and/or 12 months
High range PCA – s 110(5) 30 PU ($3,300) and/or 18 months 50 PU ($5,500) and/or 2 years
DUI – s 112 30 PU ($3,300) and/or 18 months 50 PU ($5,500) and/or 2 years
Refuse/fail breath analysis – Sch 3 cl 16(1)(b) 30 PU ($3,300) and/or 18 months 50 PU ($5,500) and/or 2 years
Refuse/fail roadside breath test – Sch 3 cl 16(1)(a) 10 PU ($1,100) —

Whether an offence is a "second or subsequent offence" depends on whether you were convicted of another major offence in the 5 years before (RTA s 9(2)). An earlier drink or drug driving offence dealt with by penalty notice in the 5 years before the new conviction also counts (s 9(2A)). A section 10 is not a conviction, so it does not count by itself, although it blocks a second section 10 within 5 years (s 203).

Disqualification where no interlock order is made (s 205). For an offence that is not a mandatory interlock offence (such as a first low, novice or special range offence), or where the court makes an interlock exemption order, these periods apply:

Offence First offence: automatic (minimum) Second or subsequent: automatic (minimum)
Novice, special or low range 6 months (3 months) 12 months (6 months)
Mid range 12 months (6 months) 3 years (12 months)
High range, DUI, refuse breath analysis 3 years (12 months) 5 years (2 years)

The "automatic" period applies unless the court orders a different period, which cannot be shorter than the minimum. Drivers convicted of 2 drink driving offences within 5 years must also pass the Driver Knowledge Test before being licensed again (TfNSW).

When is an Alcohol Interlock order mandatory in NSW?

Under section 209 the mandatory interlock offences are: mid range PCA (first or repeat), high range PCA, DUI involving alcohol, refusing or failing breath analysis, certain blood sample refusals, the combined alcohol and drug offences, and a second or subsequent novice, special or low range offence. When you are convicted of one of these, the court must make either a mandatory interlock order or an interlock exemption order (s 210).

Mandatory interlock offence Minimum – maximum disqualification Minimum interlock period
Novice, special or low range – second or subsequent 1 – 3 months 12 months
Mid range – first offence 3 – 6 months 12 months
Mid range – second or subsequent 6 – 9 months 24 months
High range – first offence 6 – 9 months 24 months
High range – second or subsequent 9 – 12 months 48 months
DUI (alcohol) – first offence 6 – 9 months 24 months
DUI (alcohol) – second or subsequent 9 – 12 months 48 months
Refuse breath analysis – first offence 6 – 9 months 24 months

Source: RTA s 211 and the TfNSW Alcohol Interlock Program table, checked 20 October 2026.

An interlock exemption order is only available on narrow grounds (s 212): you do not have access to a vehicle in which to install a device, you have a diagnosed medical condition that prevents you giving a sufficient breath sample, or (for a first mid range offence only) the order would cause severe hardship and an exemption is more appropriate. TfNSW notes you cannot get an exemption simply because you live in a regional or remote area. If an exemption order is made, the longer s 205 disqualification periods apply instead. If you receive an interlock order and do not enter the program, you are disqualified for 5 years. All interlock drivers must have zero alcohol. For more, see our NSW alcohol interlock guide.

Can police suspend your licence before court?

Yes. Police can suspend your licence immediately (s 224):

  • for a first novice, special or low range offence dealt with by penalty notice (3 months); and
  • when you are charged with mid range, high range, DUI, refusing breath analysis and certain other serious offences, until the court deals with the charge.

In some circumstances you can appeal a suspension to the Local Court. See our guide to NSW licence suspension appeals.

How will the Local Court sentence you?

When sentencing drink driving matters, the Local Court looks at both the objective seriousness of the offence and your subjective circumstances.

Objective seriousness includes:

  • your reading (PCA range);
  • whether there was a crash, injury, passengers at risk or another aggravating feature;
  • your manner of driving (for example speeding or dangerous driving);
  • how you behaved with police;
  • whether you tried to avoid detection (refusal or altering your reading).

Subjective circumstances include:

  • your traffic and criminal record, if any;
  • your background, employment and need for a licence for work or caring for family;
  • any health or personal issues (for example alcohol misuse or mental health stressors) and the steps you have taken to address them;
  • your remorse, insight and rehabilitation (counselling, abstinence, treatment, programs);
  • character references and a letter of apology to the court.

We help clients prepare this material for court: written submissions to the Magistrate, character references for a drink driving matter, a Traffic Offenders Program certificate, medical or counselling reports and employment letters. Good preparation is what gives the court a proper basis to impose the most lenient penalty that is realistically open, including a section 10 outcome where that is genuinely arguable. Our NSW DUI court process guide explains each step.

What is a section 10 (no conviction) outcome?

Section 10 of the Crimes (Sentencing Procedure) Act 1999 lets the court, after finding the offence proved, decline to record a conviction and instead:

  • (a) dismiss the charge;
  • (b) discharge you on a conditional release order without conviction; or
  • (c) discharge you on condition that you enter an intervention program.

Because there is no conviction, no fine is imposed and the automatic disqualification under the Road Transport Act does not apply. In deciding whether section 10 is appropriate, the court considers your character, antecedents, age, health and mental condition, the trivial nature of the offence, any extenuating circumstances, and any other matter it thinks proper (s 10(3)).

Two limits matter in drink driving cases:

  • Five-year bar. Section 10 is not available if you received a section 10 for another applicable offence (including drink driving) in the previous 5 years (RTA s 203).
  • Seriousness. The higher the reading and the more aggravating features, the less realistic a section 10 becomes.

To have a realistic chance, you normally need to show:

  • low objective seriousness (for example, a reading at the lower end of the range and no crash);
  • strong subjective material (a good record, a genuine need for a licence, remorse, treatment or rehabilitation); and
  • a low risk of reoffending.

The court is not obliged to grant section 10 just because you ask. The Magistrate weighs protecting the community against the harm a conviction and disqualification would cause you and the people who depend on you.

Important

If you are hoping for a no-conviction outcome, your case needs to be properly prepared. The Magistrate needs evidence and submissions in front of them that justify exercising the discretion in your favour.

Do we appear at your Local Court?

Boorman Lawyers represents clients on drink driving, PCA and DUI matters in Local Courts across New South Wales, in person or by audio-visual link where the court allows it. You can find your court in our NSW courts we attend directory. If you are not sure whether you can get help, Legal Aid NSW duty lawyers also attend many Local Courts (Legal Aid NSW).

To talk about legal representation, call 1300 941 900 or make an enquiry about legal representation using the form on this page. We can talk to you about:

  • what your reading and history mean for disqualification and interlock;
  • realistic sentencing expectations;
  • preparing for court, particularly for mid range, high range and refusal charges;
  • whether a section 10 outcome is realistically open in your situation.

This page is general information only. It is not legal advice. Every case turns on its own facts, history and personal circumstances. Get personalised advice before you enter a plea.

Representing yourself?

Some people decide to handle their drink driving matter without a lawyer. If that is you, DIY DUI Method is a separate self-help service, also owned by Joshua Boorman. It provides general information only and is not legal representation. If you would like advice or someone to represent you in court, call 1300 941 900 or make an enquiry about legal representation.

Frequently asked questions about drink driving in NSW

Will I lose my licence for drink driving in NSW?

In a NSW drink driving case that goes to court you should expect a period of disqualification (or, for a mandatory interlock offence, a shorter disqualification followed by an interlock licence), a fine and a conviction. A first low, novice or special range offence may instead be dealt with by a penalty notice, which carries a 3-month suspension. The only ways to avoid losing your licence are to successfully defend the charge, or to plead guilty and persuade the Magistrate to deal with you under section 10. For mid range, high range, refusal, interlock and repeat matters, a disqualification is very likely.

What is considered low range PCA in NSW?

Low range PCA is a reading of at least 0.05 but less than 0.08 (RTA s 108). It is a criminal offence. A first offence may be dealt with by a penalty notice and 3-month suspension. If it goes to court, the court can impose a fine, a conviction and a period of disqualification (automatic 6 months, minimum 3 months). In an appropriate case with strong subjective material, the court can deal with it under section 10.

What happens if I blow over 0.150 in NSW?

A reading of 0.150 or more is high range PCA. You face a maximum of 30 penalty units ($3,300) and/or 18 months' imprisonment for a first offence, and a mandatory interlock order: a disqualification of 6 to 9 months followed by at least 24 months on an interlock licence, unless the court makes an exemption order. There is a real risk of imprisonment, especially with a prior record, a crash or other aggravating features.

Is mid range drink driving a mandatory interlock offence for a first offence?

Yes. Since 3 December 2018, a first mid range PCA offence (0.08 to under 0.15) has been a mandatory interlock offence. Unless the court makes an interlock exemption order, you will be disqualified for 3 to 6 months and then must hold an interlock licence for at least 12 months (RTA ss 209–211).

What is a section 10 / non-conviction outcome?

Under section 10 of the Crimes (Sentencing Procedure) Act 1999, the court can find the offence proved but dismiss the charge, or discharge you on a conditional release order, without recording a conviction. No fine is imposed and the automatic disqualification does not apply. It is discretionary, and it is not available if you received a section 10 for another drink driving or similar offence in the past 5 years.

Do I really need a lawyer for drink driving?

For novice, special or low range PCA you may be tempted to go alone, but you are still at risk of losing your licence and getting a criminal conviction. For mid range, high range, DUI, refusal or any repeat offence, the Magistrate will be considering community safety, deterrence, interlock and possibly imprisonment. A lawyer can help you prepare the material the court needs and make submissions on your behalf. You can also check whether a Legal Aid NSW duty lawyer attends your court.

Sources and date checked

The law on this page was checked against these primary and official sources on 23 Oct 2026. Penalty unit dollar amounts are as at 23 Oct 2026.

This page is general information about New South Wales law only. It is not legal advice. Every matter turns on its own facts.

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Enquire about legal representation

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What to have ready

  • Court & next listing date: Which court is on your paperwork and when your matter is listed.
  • Charge or reading (if known): Tell us the charge or reading if you have it — you do not need your full police facts yet.
  • Work & driving needs: Let us know if you rely on your licence for work or family responsibilities.
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