NEW SOUTH WALES

NSW Traffic Law FAQs

In shortMost NSW drink and drug driving charges are dealt with in the Local Court, where conviction usually brings a fine and a disqualification or interlock order. Police can suspend your licence immediately. NSW has no work licence. A section 10 no conviction order is possible but discretionary, and early preparation can affect the outcome.

Licence: conviction for a PCA or drug driving offence brings disqualification under Road Transport Act 2013 s 205, or a mandatory interlock order for mid range, high range and certain repeat offences.
No work licence in NSW: once disqualified you cannot drive at all, unlike Queensland.
Record: a conviction is recorded unless a section 10 order is made; a finding without conviction is generally spent (Criminal Records Act 1991 s 8).

New South Wales law · law checked 23 Oct 2026

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FAQs: NSW traffic law

1. Am I going to jail for this?

For a first offence most people are not sentenced to imprisonment, particularly for low and mid range readings. The risk increases for high range drink driving, under the influence or refusal charges, repeat offences, and where there was a crash, passengers at risk or dangerous driving. Every case depends on its facts.

2. Will I lose my licence?

Usually, yes. PCA and drug driving offences are major offences, and on conviction the court must disqualify you for at least the minimum period set by Road Transport Act 2013 s 205, unless a mandatory interlock order applies instead. Some first offences are dealt with by a penalty notice and a licence suspension rather than court. A no conviction order under section 10 avoids disqualification, but it is uncommon.

3. What happens at my first court date?

You attend the Local Court and your matter is called. You are asked whether you plead guilty or not guilty. If you plead guilty and are ready, you may be sentenced that day. You can also ask for an adjournment to prepare material before sentence. See the NSW DUI court process guide.

4. Do I need a lawyer for court?

You do not have to have one. But the Magistrate is deciding whether a conviction is recorded, how long you are off the road and what penalty applies, and a lawyer can advise you on the law, prepare your material and make submissions for you.

5. Is this going on my criminal record?

PCA and drug driving are criminal offences in NSW. If you are convicted, the conviction is recorded. If the court makes a section 10 order, the offence is proved but no conviction is recorded, and the finding is generally spent immediately or once the order is completed (Criminal Records Act 1991 s 8).

6. What is a section 10 (no conviction)?

The court finds the offence proved but does not record a conviction, and dismisses the charge or discharges you on a conditional release order or an intervention program agreement (Crimes (Sentencing Procedure) Act 1999 s 10). No fine is imposed and the disqualification provisions do not apply. It is discretionary, and it is not available if you had one for another applicable offence in the previous 5 years (Road Transport Act 2013 s 203). See section 10 no conviction drink driving NSW.

7. Will I get a fine?

Usually, yes, unless the court makes a section 10 order or imposes a different kind of sentence. The amount depends on the offence category, your record and your circumstances, up to the maximum set for that offence.

8. Can I keep driving until I go to court?

Not if police gave you an immediate licence suspension notice. If your licence has not been suspended, you can generally keep driving until the court disqualifies you, but check your status with Transport for NSW before you drive.

9. The police said I am suspended immediately. What does that mean?

It means you must not drive from the moment the notice is given (Road Transport Act 2013 s 224). The suspension usually lasts until the charge is dealt with. If you drive, you can be charged with driving while suspended, which is a separate and serious offence.

10. Will this affect my job?

It can. If you need your licence for work, a disqualification can affect your shifts or employment. The court can consider evidence of hardship when deciding the length of a disqualification within the legal range, but it does not change the minimum period.

11. Can I get a work licence in NSW like in Queensland?

No. NSW has no work licence or restricted licence that lets a disqualified driver drive for work. Once disqualified, you must not drive at all. For offences that attract a mandatory interlock order, you may be able to drive with an interlock after a shorter disqualification. See alcohol interlock laws NSW.

12. Do I have to tell my boss?

That depends on your employment contract and any industry rules. In practice, if you cannot drive for work, you will probably need to explain why.

13. Are drug driving charges handled the same as drink driving?

They are similar in some ways: both are criminal offences that can lead to fines, disqualification and a conviction. The difference is how they are proved. Drink driving is usually based on a breath or blood alcohol reading. Drug driving can be based on the presence of certain drugs in your oral fluid, blood or urine, or on a more serious under the influence charge. See drug driving penalties NSW.

14. I was not high. I had cannabis days ago. Can I still be charged?

Yes. The presence offence in Road Transport Act 2013 s 111 does not require you to be affected. THC can be detected for some time after use. Limited defences exist for some prescribed medications. Get advice about how they apply to you.

15. Will the court think I am a bad person?

Many people charged with drink or drug driving are otherwise of good character, with jobs, families and responsibilities, and the court understands that. The court also gives weight to road safety and deterrence.

16. Do I have to plead guilty?

No. You can plead not guilty, which means the prosecution must prove the charge. If you plead not guilty, the matter is adjourned for a defended hearing. See drink driving defences NSW.

17. Should I plead guilty?

That depends on the evidence and your circumstances. If the evidence is strong, an early guilty plea attracts a discount on sentence (Crimes (Sentencing Procedure) Act 1999 s 22). Get advice first, because there may be problems with the testing or procedure.

18. What can I do to help myself before court?

Common steps include completing a traffic offenders program, obtaining character references that address the charge, gathering hardship evidence such as employer or medical letters, getting counselling or treatment if alcohol or drug use is an issue, and not reoffending before court.

19. What is a traffic offenders program and why does everyone mention it?

It is an education program about road safety and the consequences of unsafe driving. Completing it shows the court that you have taken the offence seriously. It does not remove the charge, but the court can take it into account on sentence. See traffic offenders program NSW.

20. Will I lose demerit points as well as being disqualified?

For drink and drug driving dealt with in court, the main licence consequence is disqualification or an interlock order. Demerit points are mainly associated with offences such as speeding and mobile phone use.

21. What is low range PCA?

A blood or breath alcohol concentration of 0.05 or more but less than 0.08. Novice range (0.02 to under 0.05) applies to learner and provisional drivers, and special range (0.02 to under 0.05) applies to drivers such as heavy vehicle and public passenger vehicle drivers (Road Transport Act 2013 s 108).

22. What is mid range PCA?

0.08 or more but less than 0.15. It carries a longer disqualification and higher maximum penalties than low range, and a mandatory interlock order applies.

23. What is high range PCA?

0.15 or more. It is the most serious PCA category. The maximum penalties include imprisonment, and a mandatory interlock order applies. The high range guideline judgment guides sentencing.

24. What is an alcohol interlock device?

A breath testing device connected to the ignition of your vehicle. You must provide a breath sample with no alcohol detected before the vehicle starts. You pay for installation, servicing and monitoring.

25. Will I need an interlock for a first offence?

For a first mid range or high range offence, and certain other offences, the court must make a mandatory interlock order unless an exemption applies (Road Transport Act 2013 ss 210 to 212). For a first low range offence, an interlock is not usually required.

26. Is a roadside drug swab charge the same as driving under the influence?

No. A presence offence (s 111) means certain drugs were detected. Under the influence (s 112) means police allege you were affected by alcohol or another drug. Under the influence carries heavier maximum penalties and a longer disqualification.

27. Can I appeal an immediate police suspension before court?

Yes, to the Local Court. The court can lift or vary the suspension only if it is satisfied there are exceptional circumstances (Road Transport Act 2013 s 268(5)). Generally the appeal must be filed within 28 days and before the charge is decided. See licence suspension appeals NSW.

28. How long will I be off the road?

It depends on the offence, whether it is a first or second offence within 5 years, and what the court decides within the range set by s 205. It can range from a few months for some first low range offences to several years for serious or repeat offences.

29. Can I get the disqualification period reduced?

Often the court can order a period shorter than the automatic period, down to the minimum set by law, if it considers that appropriate. For some offences, a mandatory interlock order replaces the longer disqualification.

30. What does fit and proper person to hold a licence mean?

It is a question of whether you can be trusted to drive safely and lawfully. It is mainly relevant to licence suspension appeals, where the court looks at your character, traffic record and what happened.

31. Will my insurance cover me?

If you crash while over the limit or affected by a drug, many policies exclude cover, and an insurer may seek to recover money from you. Read your policy or ask your insurer.

32. Will my car be taken?

Not usually for a standard first drink or drug driving charge. Police can impound or confiscate a vehicle for some offences, such as certain hoon-type and repeat offences.

33. Do I have to go to the Local Court where it happened?

Your Court Attendance Notice lists the court, which is usually near where you were charged. In some cases a matter can be transferred to another Local Court.

34. What if I was not driving and was just sitting in the car?

Under the Act, driving includes attempting to put a vehicle in motion. Whether sitting in the driver's seat amounts to an attempt depends on the facts, such as whether the engine was running and what you were doing. Get advice before you plead.

35. Can I speak in court or does the lawyer speak?

If you are represented, your lawyer speaks for you. The Magistrate may still ask you a question. If you are not represented, you speak directly to the Magistrate. Stay calm and respectful.

36. Do I call the Magistrate Your Honour?

Yes. A Magistrate in the NSW Local Court is addressed as Your Honour.

37. What is a community correction order or conditional release order?

They are community-based sentencing orders. A conditional release order can be made with or without conviction and requires you to be of good behaviour for a set period. A community correction order is made with a conviction and can include conditions such as community service work or supervision (Crimes (Sentencing Procedure) Act 1999 Part 7 and Part 8).

38. What does good behaviour mean here?

It generally means not committing any further offence during the period of the order. If you breach it, you can be brought back to court and re-sentenced for the original offence.

39. Will I have to do community service?

It is possible in more serious cases. A community service work condition can be attached to a community correction order.

40. Will the media find out?

Court proceedings are generally open to the public, so it is possible. Media reporting is more likely in serious matters, such as those involving a crash or injury.

41. If I am disqualified, can I drive late at night when no one is around?

No. A disqualification means no driving at any time. If you are caught, you will be charged with driving while disqualified.

42. What happens if I drive while suspended or disqualified?

It is a separate offence under Road Transport Act 2013 s 54. It can lead to a further disqualification, a fine and, particularly for repeat offences, imprisonment. See other traffic offences NSW.

43. Will this affect travel visas, such as to the USA?

It can. Some countries ask about criminal convictions, particularly for alcohol or drug offences. Check the rules of the country you plan to visit.

44. Should I bring evidence to court?

Yes. Useful material includes an employer letter about the effect of losing your licence, medical letters if you transport someone who depends on you, your traffic offenders program certificate and character references.

45. Do character references help?

They can, if they are done properly. A reference should say who the writer is, how they know you, that they know the exact charge, and what they know about your character and the effect of losing your licence.

46. Is only driving a short distance a defence?

No. The distance driven can be relevant to how serious the court considers the offence, but it is not a defence.

47. Can I say I was sleeping it off in the car?

You can, but the question is whether you were driving or attempting to drive. This area can be technical, so get advice before you plead.

48. How long will this stay on my record?

A conviction remains on your criminal and traffic record. Under the Criminal Records Act 1991, many convictions become spent after a 10-year crime-free period, subject to exceptions. A finding without conviction is generally spent immediately, or on completion of the conditions (s 8). Your traffic record is separate.

49. Can I just pay a fine and skip court?

Sometimes. Police can deal with some first offences, such as first low range PCA or drug presence offences, by a penalty notice and an immediate licence suspension. If you receive a Court Attendance Notice, you must deal with the matter in court.

50. What is the most important thing I should do right now?

Act early. Do not ignore the court date. Get advice from a lawyer who handles NSW drink and drug driving matters, and ask what you should gather before court, such as references, hardship evidence and a program certificate.

Need legal advice?

We can advise you on your options, prepare your material for court and appear for you at Local Courts across NSW. See the NSW traffic law hub for guides on each topic.

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 23 Oct 2026. Penalty unit dollar amounts are as at 23 Oct 2026.

Road Transport Act 2013 (NSW) – ss 54, 108, 110–112, 203, 205, 210–212, 224, 268 — checked 21 Oct 2026
Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 10, 22, Parts 7–8 — checked 21 Oct 2026
Criminal Records Act 1991 (NSW) – ss 7, 8 — checked 21 Oct 2026
NSW Government – drink driving penalties and penalty notices — 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.

NSW Traffic Law

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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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