What’s this offence in simple terms? | Drink driving in NSW covers: - PCA offences (s 110): driving with a blood alcohol level in a set range (low, mid, high; plus novice/special for zero or 0.02 limits).
- DUI (s 112): driving (or attempting to drive) while under the influence of alcohol or drugs based on observed impairment—no set reading required.
Police can suspend your licence on the spot for many drink driving charges. First-time low/special/novice range matters can be dealt with by on-the-spot fine + 3-month suspension instead of court. | What Blood Alcohol Count ranges apply in NSW? | - Novice range: above 0.00 to 0.019 (learner, P1, P2, interlock licence holders).
- Special range: 0.02 to 0.049 (certain “special category” drivers including some professional drivers and interlock licence holders).
- Low range: 0.05 to 0.079.
- Mid range: 0.08 to 0.149.
- High range: 0.150 and above.
| Can police issue a fine instead of taking me to court? | For a first offence in the novice, special or low range, police may issue an on-the-spot fine and an immediate 3-month licence suspension, instead of a court attendance notice. You can elect to go to court if you wish to challenge it or seek a different outcome. | Should I complete a Traffic Offender Intervention Program? | Courts routinely consider completion of an approved Traffic Offender Intervention Program (TOIP) when sentencing. Doing TOIP before court can demonstrate insight and reduce risk of harsher penalties | Will I need an interlock device? | If convicted of mid-range, high-range, repeat or other serious drink-driving offences, the court must order participation in the Alcohol Interlock Program, which combines a shorter disqualification with a period of interlock driving. Limited exemptions exist but extend the disqualification if granted. | How long will I be on interlock? | Commonly 12 months for first mid-range; 24 months for first high-range; longer for repeat offences. Courts can only grant narrow exemptions, which increase disqualification lengths. | Is there a benefit to an early guilty plea? | An early plea can show remorse and save court time, which courts may recognise in sentencing. It also allows you to complete rehabilitation programs and gather supporting material before final orders are made. (For indictable cases generally, timing can affect statutory discounts; drink-driving is usually dealt with in the Local Court.) | | What penalties could apply? | Penalties depend on the alcohol range and whether the matter is a first or subsequent offence. They can include fines, disqualification, mandatory interlock orders (for mid/high range and certain repeat offences) and, in serious cases, imprisonment. The court tailors any sentence to the facts and your history | Will I lose my licence, and for how long? | Police can impose an immediate suspension at the roadside for many drink-driving offences. For first-time novice/special/low range, this is typically 3 months; mid and high range are usually suspended until court. Courts then decide disqualification and any interlock period. You may appeal a police suspension to the Local Court. | Can a high-range matter avoid a conviction? | High-range drink-driving is treated very seriously. While non-conviction outcomes are rare, the court still considers all circumstances, including risk, rehabilitation steps, character, and any early plea. Strong preparation is essential. (Interlock will generally apply if convicted.) | What do “novice” and “special” ranges mean? | - Novice range applies to learners/P-platers and certain interlock licences (above zero up to 0.019).
- Special range applies to specified drivers (e.g., certain professional or interlock licence holders), 0.02–0.049.
These ranges carry strict expectations and enable on-the-spot suspension and fines for first offences. | Low-range penalty notice: what are my options? | If you receive a penalty notice (fine) for low-range with a 3-month suspension, you may: - Accept the fine and suspension; or
- Elect to go to court to dispute the offence or seek a non-conviction outcome (bearing in mind the risks of higher penalties if convicted).
| Will the court consider my need for a licence? | Yes—courts consider personal circumstances (including employment and family responsibilities) when setting disqualification within the statutory framework, or when deciding whether a non-conviction is appropriate in less serious cases. NSW does not offer “work” or hardship licences; if suspended or disqualified, you cannot drive | Can these charges be defended? | Potential avenues include: - Procedure/reading challenges (device accuracy, analysis timing, statutory steps)
- Identity / not driving / attempted use only
- Insufficient impairment evidence for s 112 offences
- Negotiation on charge/facts where appropriate
Defence strategy depends on the evidence brief. | |
