NEW SOUTH WALES

NSW DUI Court Process Guide

In shortAfter a NSW drink driving charge you receive a Court Attendance Notice and attend the Local Court for a first mention. You can plead guilty, seek an adjournment to prepare, or defend the charge. On sentence the court considers your reading, record and preparation, and must apply the disqualification and interlock rules.

Check your licence: police can suspend your licence immediately for many PCA charges (Road Transport Act 2013 s 224). Do not drive while suspended.
Prepare before sentence: a traffic offenders program, references and hardship evidence are commonly considered, and an early guilty plea attracts a discount (Crimes (Sentencing Procedure) Act 1999 s 22).
Interlock rules: mid range, high range and certain repeat offences attract a mandatory interlock order unless the narrow s 212 exemption grounds apply.

New South Wales law · law checked 21 Oct 2026

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What's on this page

Step 1. You are charged and given a Court Attendance Notice (CAN)

The Court Attendance Notice sets out the charge, the Local Court you must attend, and the date and time. If you were given bail, the bail conditions will also be set out. If you do not attend when required, the court can deal with the matter in your absence or issue a warrant.

Do these things now

Get legal advice early. Early advice gives you time to complete a traffic offenders program, collect references and prepare the material the court considers on sentence.
Do not drive while suspended. Confirm your licence status with Transport for NSW before you drive.
Keep your paperwork. Bring the CAN, any suspension notice and the facts sheet (if you have one) to your lawyer.

Step 2. The first court date (the "first mention")

The first mention is usually short. You will be asked to enter a plea of guilty or not guilty. If you plead guilty and are ready, the matter may be sentenced that day. If you are not ready, your lawyer can ask for an adjournment so that the material can be prepared properly. If you intend to defend the charge, see drink driving defences NSW.

An early plea of guilty attracts a discount on sentence (Crimes (Sentencing Procedure) Act 1999 s 22).

Preparation step	How it can help
Traffic offenders program certificate	Shows the court you have engaged with road safety education and thought about how to avoid reoffending.
Character references	Speak to your otherwise good character and the practical effect of a disqualification on your work and family.
Medical or counselling material (if relevant)	Shows that any underlying issue has been identified and addressed.
Apology letter	Shows that you accept responsibility and understand the risk your driving created.
Employer or hardship letters	Explain why you need a licence, which may be relevant to the length of a disqualification within the legal range.

See traffic offenders program NSW for how the program works.

Step 3. Sentencing day: inside the courtroom

Arrive early, dress neatly, turn off your phone and remove hats and sunglasses.
Your lawyer confirms the plea, hands up your material and makes submissions about your background, remorse, the risk of reoffending and the appropriate sentence.
If the Magistrate asks you a question, answer briefly and honestly. Do not minimise what happened.

Step 4. Possible sentences

Conviction, fine and disqualification. This is the most common result. Disqualification periods are set by Road Transport Act 2013 s 205, with automatic and minimum periods for each PCA category.
Mandatory interlock order. For mid range, high range and certain repeat offences the court must make a mandatory interlock order (s 211). An exemption order can be made only on the limited grounds in s 212, such as having no access to a vehicle in which an interlock can be installed, or a medical condition that prevents use of the device. Hardship alone is not enough. See alcohol interlock laws NSW.
Community-based orders, such as a community correction order or conditional release order, and in serious or repeat cases a term of imprisonment.
No conviction (section 10). For some offences, usually low range first offences, the court may find the charge proved but not record a conviction (Crimes (Sentencing Procedure) Act 1999 s 10). This is discretionary and uncommon for higher readings. See section 10 no conviction drink driving NSW.

For penalty ranges, see drink driving penalties NSW.

Where we can help in NSW

We can appear for you at Local Courts across NSW, including Sydney, Parramatta, Sutherland, Liverpool, Blacktown, Penrith, Newcastle, Gosford, Wollongong, Lismore and Tweed Heads. We also act for interstate and Queensland licence holders charged in NSW. See NSW courts we attend.

Talk to a NSW drink driving lawyer before court

Decisions made between the charge and sentencing day can affect the outcome. We can advise you on your plea, the disqualification and interlock rules, and how to present your rehabilitation and remorse to the court.

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FAQs: NSW DUI court process

Do I have to go to court in person for a first drink driving charge in NSW?

If you were given bail, you must attend as your bail requires. If you were not, a lawyer can often appear for you at early mentions. On sentence, the court generally expects you to attend, and your attendance is usually important to how your case is presented.

What is a Court Attendance Notice (CAN)?

It is the document that commences the proceedings. It sets out the alleged offence, the court and the date and time you must attend, and any bail conditions (Criminal Procedure Act 1986).

Can police suspend my licence on the spot?

Yes. For many mid range, high range and refusal matters police can give an immediate licence suspension notice (Road Transport Act 2013 s 224). The suspension usually lasts until the charge is dealt with. You can appeal it to the Local Court, but only on the basis of exceptional circumstances (s 268(5)). See licence suspension appeals NSW.

What is the Traffic Offender Intervention Program?

It is an approved road safety education program. Completing it before sentence can show insight and may be taken into account on sentence. The court can also make a section 10 order conditional on your participation in an intervention program (s 10(1)(c)).

Could I avoid a conviction for low range drink driving?

Sometimes, in first offence cases with strong preparation. The outcome is a matter for the court on the facts of your case. A section 10 order is not available if you have had one for an applicable offence in the previous 5 years (Road Transport Act 2013 s 203).

What is a mandatory interlock order?

For mid range, high range and certain repeat offences, the court must order a shorter disqualification followed by a period on an interlock licence (s 211), unless an exemption order is made on the narrow grounds in s 212.

Important: This guide is general information only. Sentencing outcomes depend on your reading, the facts (for example, a crash or passengers), your record, your licence needs and your preparation. Get advice specific to your case before you plead.

Call 1300 941 900 or make an enquiry about legal representation.

Sources and date checked

The law on this page was checked against these primary and official sources on 21 Oct 2026. Penalty unit dollar amounts are as at 21 Oct 2026.

Road Transport Act 2013 (NSW) — checked 21 Oct 2026
Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 3A, 9, 10, 10A, 22 — checked 21 Oct 2026
Criminal Procedure Act 1986 (NSW) — checked 21 Oct 2026
Local Court of NSW – traffic matters — checked 21 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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