What is a Court Attendance Notice (CAN) in NSW?

A CAN sets out your drink driving / PCA charge, your first NSW Local Court date, and any bail conditions. It is effectively an order to attend court. Failing to attend may lead to a warrant.

Can NSW Police suspend my licence on the spot?

Yes. For most mid-range, high-range, or refusal offences, police can immediately suspend your licence at the roadside/station. From that moment, you are off the road.

What is an Alcohol Interlock Order in NSW?

For many mid/high-range and repeat offences, courts must impose an Interlock period unless reasons are recorded not to. Interlock allows driving a vehicle fitted with a breath-testing device instead of a long total ban, once eligible.

NSW DUI Court Process Guide

Charged with drink driving (PCA) in NSW? This step-by-step guide explains the key stages — Court Attendance Notice (CAN), first mention, adjournments, sentencing day, Alcohol Interlock Orders, disqualification — and the preparation that can meaningfully reduce the penalty you receive.

Immediate reality check: For most mid-range, high-range and refusal offences, NSW Police can issue an immediate suspension. From that moment you are legally off the road. Driving now risks a new (often harsher) charge of drive while suspended/disqualified.

Step 1. You’re Charged and Given a Court Attendance Notice (CAN)

Your CAN sets out the exact charge, the court, date and time, and any bail conditions. Failing to attend can result in a warrant. If you’re on police bail, you must attend unless excused by the Magistrate.

Do these now

Get legal advice fast. Early action lets you complete a recognised Traffic Offender Intervention Program, gather references and prepare materials that influence sentencing.
Do not drive while suspended. Confirm your status before you drive.

Step 2. First Court Date (the “First Mention”)

This is usually a short appearance. If you’re not ready to finalise the matter, your lawyer can seek an adjournment to allow proper preparation.

Preparation Step	How It Helps You
Traffic Offender Program certificate	Shows remorse, education and safer-driving planning. Magistrates often reduce penalties where genuine engagement is shown.
Quality character references	Supports otherwise good character and demonstrates real-world impacts if disqualified (employment, caring duties, etc.).
Medical/psychological material (if relevant)	Documents that you’ve identified and addressed underlying issues, reducing risk of re-offending.
Apology letter	Shows personal responsibility and insight. Better than excuses.

Step 3. Sentencing Day — Inside the Courtroom

Arrive early, dress respectfully, switch your phone off, remove hat/sunglasses.
Your lawyer confirms your plea, tenders your materials, and makes submissions about your background, remorse, risk and the appropriate outcome (e.g., shortest disqualification, Interlock, community-based order).
Answer the Magistrate’s questions briefly and honestly. Avoid minimising the conduct.

Step 4. Possible Sentences

Conviction + fine + disqualification (common).
Alcohol Interlock Order for many mid/high-range and repeat offences, unless reasons are given not to.
Community-based orders and, in serious/repeat cases, custody.
In rare low-range first offences with strong preparation: a Conditional Release Order without conviction.

Where We Help in NSW

We regularly appear across NSW Local Courts including Sydney, Parramatta, Sutherland, Liverpool, Blacktown, Penrith, Newcastle, Gosford, Wollongong, Lismore, Tweed Heads and surrounding regions. Interstate and QLD licence holders charged in NSW are also assisted.

Talk to a NSW Drink Driving Lawyer Before Court

Every decision between being charged and standing before the Magistrate can change your outcome. Get clear guidance on sentencing strategy, disqualification, Interlock options, and presenting remorse and rehabilitation effectively.

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Frequently Asked Questions – NSW DUI Court Process Guide

Do I have to attend court in person for a first-time NSW drink driving charge?

If you’re on police bail, yes, unless the Magistrate excuses you. If you’re not on bail, a lawyer can often appear for early procedural mentions, but you must attend when the matter is sentenced.

What is a Court Attendance Notice (CAN)?

It’s the formal charge document that lists your alleged offence, court, date and time, and any bail conditions. Failing to attend can lead to a warrant.

Can Police suspend my licence on the spot?

Yes — commonly for mid-range, high-range, and refusal offences. From that moment you’re off the road.

What is the Traffic Offender Intervention Program?

An education and behaviour-change program. Completing it before sentencing shows insight and helps reduce penalty severity.

Could I avoid a conviction for low-range drink driving?

Sometimes, in rare, first-offence cases with strong preparation. Outcomes depend on the facts; it’s never guaranteed.

What is an Alcohol Interlock Order?

For many mid/high-range and repeat offences, courts must impose Interlock unless reasons are recorded not to. It can allow limited driving with a device fitted, instead of a long total ban, once eligible.

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