NEW SOUTH WALES

Drink Driving Penalties NSW

In shortA NSW drink driving penalty can combine a fine set in penalty units ($110 each), possible imprisonment for mid range and above, a disqualification with a statutory minimum, and an interlock order for mid range, high range, alcohol DUI and refusal. A previous major offence within 5 years raises every part.

First offence maximums: 20 penalty units ($2,200) for novice, special, low and mid range (plus up to 9 months for mid range); 30 penalty units ($3,300) and/or 18 months for high range, DUI and refusal.
Interlock: mandatory for mid range, high range, alcohol DUI and refusal, with a shorter disqualification then 12 to 48 months on a device.
Repeat offence: a major offence or drink/drug penalty notice in the past 5 years raises the maximums and periods (RTA s 9).

New South Wales law · law checked 23 Oct 2026

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What's on this page

The five parts of a NSW drink driving penalty

When a Local Court Magistrate sentences you for a drink driving offence, the outcome can be built from up to five parts. Knowing them separately makes the tables below easier to read.

A sentence under the Crimes (Sentencing Procedure) Act 1999. This is the punishment itself: a fine, a conditional release order, a community correction order, an intensive correction order or imprisonment. The court can also decline to record a conviction under section 10.
A licence disqualification under the Road Transport Act 2013. On conviction, the disqualification provisions apply automatically. The Act sets an "automatic" period and a minimum the court cannot go below (s 205).
An alcohol interlock order, for the offences listed in s 209. Where it applies, it replaces the longer disqualification with a shorter one followed by a period of driving only with an interlock fitted.
The effect on your record. A conviction is recorded unless section 10 is used, and a conviction counts as a previous major offence for the next 5 years.
Practical costs. These include the cost of the interlock program (set by providers), the cost of getting a new licence and, after a repeat offence, passing the Driver Knowledge Test again.

How fines are set: penalty units

NSW maximum fines are written in penalty units. One penalty unit is $110 (Crimes (Sentencing Procedure) Act 1999 s 17), so 20 penalty units is $2,200, 30 is $3,300 and 50 is $5,500. Those are maximums. The fine the Magistrate actually imposes must take into account your means to pay as well as the seriousness of the offence. Fines are paid to Revenue NSW, which can arrange time to pay.

Penalty profiles: first offence

The profiles below put the fine, imprisonment, disqualification and interlock for each offence in one place. They apply to a first offence, meaning no conviction for another major offence in the previous 5 years (RTA s 9). Figures were checked against the Road Transport Act 2013 and Transport for NSW on 20 October 2026.

Novice range PCA (more than 0 but under 0.02)

Maximum fine: 20 penalty units ($2,200). Imprisonment: not available.
Disqualification: 6 months automatic, 3 months minimum (s 205).
Interlock: not mandatory for a first offence.
Penalty notice option: police can deal with an eligible first offence by penalty notice and an immediate 3-month suspension instead of court (TfNSW).

Special range PCA (0.02 to under 0.05)

Maximum fine: 20 penalty units ($2,200). Imprisonment: not available.
Disqualification: 6 months automatic, 3 months minimum.
Interlock: not mandatory for a first offence.
Penalty notice option: available for an eligible first offence, as for novice range.

Low range PCA (0.05 to under 0.08)

Maximum fine: 20 penalty units ($2,200). Imprisonment: not available.
Disqualification: 6 months automatic, 3 months minimum.
Interlock: not mandatory for a first offence.
Penalty notice option: police can issue a penalty notice (TfNSW lists $722, checked 22 October 2026) with a 3-month suspension for an eligible first offence (RTA s 224). There is no conviction, but the suspension still applies, and the notice counts as a previous offence if you are convicted of another within 5 years (s 9(2A)).

Mid range PCA (0.08 to under 0.15)

Maximum fine and imprisonment: 20 penalty units ($2,200) and/or 9 months.
Interlock: mandatory. The court disqualifies you for 3 to 6 months, then you must hold an interlock licence for at least 12 months (s 211).
If an interlock exemption order is made: 12 months automatic disqualification, 6 months minimum.
Immediate suspension: police can suspend your licence when you are charged, until the court deals with it (s 224).

High range PCA (0.15 or more)

Maximum fine and imprisonment: 30 penalty units ($3,300) and/or 18 months.
Interlock: mandatory: 6 to 9 months' disqualification, then at least 24 months on an interlock.
If an exemption order is made: 3 years automatic disqualification, 12 months minimum.
Guideline judgment: the NSW Court of Criminal Appeal has given a guideline judgment for high range PCA sentencing; see our high range guideline judgment guide.

Driving under the influence (s 112)

Maximum fine and imprisonment: 30 penalty units ($3,300) and/or 18 months.
Interlock: mandatory where alcohol was involved, on the same terms as high range. A drug-only DUI is not an interlock offence; see our NSW drug driving guide.
If an exemption order is made, or for a drug-only DUI: 3 years automatic, 12 months minimum.

Refusing or failing a breath analysis

Maximum fine and imprisonment: 30 penalty units ($3,300) and/or 18 months (RTA Sch 3 cl 16(1)(b)).
Interlock: mandatory on the same terms as high range.
Roadside test: refusing or failing the earlier roadside breath test is a separate, lesser offence with a maximum of 10 penalty units ($1,100) (cl 16(1)(a)).

Penalty profiles: second or subsequent offence

An offence is a "second or subsequent offence" if, in the 5 years before the new conviction, you were convicted of another major offence, or dealt with by penalty notice for a drink or drug driving offence (RTA s 9). Once that applies, the higher maximums and longer periods are set by law, not left to the Magistrate's discretion.

Offence	Maximum fine and imprisonment	With an interlock order	Without (exemption order)
Novice, special or low range	30 PU ($3,300); imprisonment not available	1–3 months off, then 12 months or more on an interlock	12 months automatic, 6 months minimum
Mid range	30 PU ($3,300) and/or 12 months	6–9 months off, then 24 months or more	3 years automatic, 12 months minimum
High range, alcohol DUI, refuse breath analysis	50 PU ($5,500) and/or 2 years	9–12 months off, then 48 months or more	5 years automatic, 2 years minimum

Sources: RTA ss 110, 112, 205, 211 and Sch 3; TfNSW interlock table, checked 20 October 2026. TfNSW also states that drivers convicted of two drink driving offences within 5 years must pass the Driver Knowledge Test before being licensed again.

What counts as a "major offence"?

The 5-year look-back is triggered by a previous major offence, which is defined in the Road Transport Act 2013 (s 4). It includes, in general terms:

every PCA offence (novice, special, low, mid and high range);
driving with an illicit drug present, and driving under the influence of alcohol or another drug;
refusing or failing a breath analysis or a blood or urine test, and wilfully altering your alcohol or drug concentration;
dangerous driving offences under the Crimes Act 1900 and furious or reckless driving;
negligent driving occasioning death or grievous bodily harm;
menacing driving, and failing to stop and assist after an impact causing injury.

A section 10 outcome is not a conviction, so it does not count as a previous major offence by itself, but it stops you receiving another section 10 for an applicable offence within 5 years (RTA s 203).

What the Magistrate can order as the sentence

The penalty tables give the maximum fine and imprisonment, but the court has a range of sentencing options under the Crimes (Sentencing Procedure) Act 1999. From least to most serious:

Section 10 dismissal or conditional release without conviction. No conviction is recorded, no fine is imposed and the automatic disqualification does not apply. It is discretionary and depends on factors such as your character, record and the trivial nature of the offence (s 10(3)). See avoiding a drink driving conviction in NSW.
A fine on its own, with the disqualification or interlock that follows conviction.
A conditional release order (s 9), with or without a conviction, for up to 2 years, with a condition to be of good behaviour.
A community correction order (s 8), a conviction with conditions such as community service work or supervision, for up to 3 years.
An intensive correction order (s 7), a term of imprisonment served in the community, with strict conditions.
Full-time imprisonment, which is only available for offences that carry imprisonment and only when no other penalty is appropriate (s 5).

A fine can usually be combined with a conditional release order or community correction order. Most drink driving sentences in the Local Court are a fine with a disqualification or interlock order, but the outcome in any case depends on its facts. We cannot promise any particular outcome.

What pushes a penalty up or down

The Magistrate weighs how serious the offence was against your personal circumstances.

Factors that generally make a penalty heavier include a higher reading within the range, a crash or injury, passengers (especially children) in the car, poor driving such as speeding, driving a long distance, trying to avoid the test, and a previous record.

Factors that can support a lighter penalty within the range include an early guilty plea (which attracts a discount), a good driving and criminal record, genuine remorse and insight, steps taken to address alcohol use, completing a traffic offenders program, strong character references, and the effect of a disqualification on your work or caring responsibilities. For a mid or high range offence, the court may ask for a sentence assessment report before deciding on a community-based order.

None of these can reduce the disqualification below the statutory minimum, or avoid an interlock order where one is mandatory, unless the court decides not to record a conviction or makes an exemption order on the limited grounds the law allows.

Interlock orders in more detail

If you are convicted of a mandatory interlock offence, the court must make either a mandatory interlock order or an interlock exemption order (RTA s 210). An 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. If an exemption order is made, the longer s 205 disqualification periods apply.

If you receive an interlock order and do not enter the program, you are disqualified for 5 years. While on the interlock, you must have zero alcohol. The interlock is fitted and serviced by approved providers, and the costs are set by those providers and can change; check current costs with TfNSW and an approved provider. See our NSW alcohol interlock guide.

Before the court date: suspension and the licence

Police can suspend your licence immediately (RTA s 224) for an eligible 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 a 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 licence suspension appeals. Time spent suspended before court is usually taken into account when the court sets the disqualification period.

There is no work licence in NSW for drink driving disqualifications. Once disqualified, you cannot drive at all until the disqualification ends, and driving while disqualified is a serious offence; see disqualified driving.

Alcohol and an illicit drug together (s 111A)

If you are over the limit for alcohol and have an illicit drug present at the same time, a separate combined offence under RTA s 111A can be charged, with higher penalties than either offence alone. According to the Judicial Commission of NSW's Local Court Bench Book table:

Combined high range PCA and drug: first offence up to $5,500 and/or 2 years; second or subsequent up to $11,000 and/or 2 years. With an interlock order, 6 to 9 months off then 24 months on an interlock (first offence).
Combined mid range PCA and drug: first offence up to $3,300 and/or 18 months; second or subsequent up to $6,600 and/or 2 years. With an interlock order, 3 to 6 months off then 12 months on an interlock (first offence).
Combined novice, special or low range PCA and drug, where you were convicted of a s 111A offence in the previous 5 years: up to $5,500 and/or 18 months.

These combined offences are mandatory interlock offences. Because they carry imprisonment even at lower readings in some cases, get advice before you plead.

How the penalty affects your licence afterwards

When a disqualification ends, your licence does not come back automatically. You apply to Transport for NSW for a new licence, and if an interlock order was made, you must hold an interlock licence for the interlock period before returning to an unrestricted licence. If you were convicted of two drink driving offences within 5 years, TfNSW requires you to pass the Driver Knowledge Test again. Driving before you are relicensed is an offence, even if the disqualification period has ended.

Penalty questions to ask before you plead

Is this a first or a second or subsequent offence, counting back 5 years from the date the new conviction will be entered?
Is the offence a mandatory interlock offence, and is there any ground for an exemption order?
Is a section 10 realistic, given the reading, the facts and any section 10 in the last 5 years?
What material will help the court place the penalty at the lower end of the range?
How long have you already been suspended?

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FAQs: NSW drink driving penalties

How much is a penalty unit in NSW?

$110 (Crimes (Sentencing Procedure) Act 1999 s 17). So 20 penalty units is a maximum fine of $2,200, 30 is $3,300 and 50 is $5,500.

What is the shortest disqualification for a first mid range PCA?

With a mandatory interlock order, 3 months, followed by at least 12 months on an interlock. If the court makes an exemption order instead, the minimum is 6 months.

Can I be sent to jail for a first low range PCA?

No. Imprisonment is not a penalty for a first novice, special or low range PCA offence. It is available for mid range, high range, DUI and refusing a breath analysis.

Does a penalty notice count as a previous offence?

Yes. A drink or drug driving offence dealt with by penalty notice in the 5 years before a new conviction makes the new offence a second or subsequent offence (RTA s 9(2A)).

Does time I was suspended count?

Courts usually take a pre-court suspension into account when setting the disqualification, but they cannot go below the statutory minimum.

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.

Live /nsw/drink-driving-penalties/ page (read-only capture) — checked 22 Oct 2026
Road Transport Act 2013 (NSW) ss 4, 9, 110, 112, 203, 205, 209–212, 224, Sch 3 — checked 22 Oct 2026
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5, 7–10, 17 — checked 22 Oct 2026
Transport for NSW – drink and drug driving penalties — checked 20 Oct 2026
Transport for NSW – Alcohol Interlock Program — checked 20 Oct 2026
Judicial Commission of NSW – Local Court Bench Book, Road transport legislation (PCA and interlock tables) — checked 22 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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