NEW SOUTH WALES

Section 10 No Conviction Drink Driving NSW

In shortA section 10 order lets a NSW court find a drink driving offence proved without recording a conviction, so no fine or automatic disqualification follows. The court considers your character, the seriousness of the offence and any extenuating circumstances. It is discretionary and unavailable if you had one for an applicable offence within 5 years.

Three options: dismissal, a conditional release order, or an intervention program agreement, all without conviction (Crimes (Sentencing Procedure) Act 1999 s 10(1)).
What the court weighs: character, antecedents, age, health, triviality and extenuating circumstances (s 10(3)), balanced against road safety.
5-year limit: no section 10 for an applicable offence (PCA, drug driving, refusal, dangerous driving) if you had one for another in the previous 5 years (Road Transport Act 2013 s 203).

New South Wales law · law checked 21 Oct 2026

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What's on this page

Types of section 10 order

Where the court finds an offence proved, it can, without recording a conviction (s 10(1)):

s 10(1)(a): dismiss the charge;
s 10(1)(b): discharge you on condition that you enter into a conditional release order (this replaced the old good behaviour bond in 2018); or
s 10(1)(c): discharge you on condition that you enter into an agreement to take part in an intervention program, such as the Traffic Offender Intervention Program.

What the court considers

In deciding whether to make a section 10 order, the court must consider (s 10(3)):

your character, antecedents, age, health and mental condition;
whether the offence is trivial in nature;
any extenuating circumstances in which the offence was committed; and
any other matter the court thinks proper.

In practice the court also weighs the seriousness of the offence (your reading, the driving, whether there was a crash or risk to others) against your circumstances, including evidence of rehabilitation, remorse and the hardship a conviction or disqualification would cause.

The 5-year limit

The Road Transport Act 2013 limits section 10 orders for repeat matters. Section 10 does not apply to an "applicable offence" (which includes PCA, drug driving, test refusal and dangerous driving offences) if a section 10 order was made for another applicable offence in the 5 years before the court decides the charge (Road Transport Act 2013 s 203). If you have had one before, get advice about how this applies.

Improving your prospects

People seeking a section 10 commonly:

complete an approved traffic offenders program;
obtain character references from people who know about the charge;
gather evidence of hardship, such as an employer letter or evidence of caring responsibilities; and
attend counselling or treatment where relevant.

Can a lawyer help?

No lawyer can promise a section 10 order. A lawyer can advise whether one is realistic and prepare the material the court considers, such as hardship evidence, references and evidence of rehabilitation, and present it to the Magistrate.

A section 10 is discretionary

Section 10 orders are uncommon for drink driving, because the courts give weight to road safety and general deterrence. The higher your reading or the more serious the driving, the less likely the court is to make one. For high range offences, see the NSW high range drink driving guideline judgment.

Our approach

We give you straightforward advice about whether a section 10 is realistic in your case, and focus on preparing your evidence and rehabilitation material and presenting it to the court.

Need help before your NSW drink driving court date?

We can appear for you at Local Courts across NSW, help you prepare for sentence, and argue for the most appropriate outcome on your facts, including whether a section 10 order or a shorter disqualification is available.

Why acting early helps

You can prepare for the Magistrate's questions.
You can complete a traffic offenders program before sentence.
You have time to gather hardship and reference material.
You understand the realistic range of outcomes before you plead.

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FAQs: section 10 for drink driving in NSW

What is a section 10 order?

The court finds the offence proved but does not record a conviction. It then dismisses the charge or discharges you on a conditional release order or an intervention program agreement (s 10(1)).

Will I lose my licence if I get a section 10?

Usually not for that offence. The automatic and minimum disqualification periods apply on conviction, so if no conviction is recorded they do not apply. Any immediate police suspension ends when the charge is dealt with. A suspension or disqualification arising from something else is not affected.

Is a section 10 automatic for a first offence?

No. The court still considers the seriousness of the offence, your reading and your circumstances. A low reading and a good record help, but the order is discretionary.

Can a section 10 be made more than once?

Not within 5 years for an applicable offence (Road Transport Act 2013 s 203). An earlier section 10 can also be taken into account when the court considers your record.

Can a lawyer get me a section 10?

No lawyer can promise one. It is always a matter for the Magistrate or Judge. Preparation and evidence matter.

Disclaimer: This information is general only. Laws and penalties change. Get advice specific to your case before court.

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.

Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 3A, 9, 10, 10A, 22 — checked 21 Oct 2026
Road Transport Act 2013 (NSW) — checked 21 Oct 2026
Judicial Commission of NSW – Sentencing Bench Book, s 10 — 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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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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