Being charged with a drink driving offence in NSW is a stressful experience. The consequences can be significant — including loss of your licence, a criminal record, fines, and in serious cases, imprisonment. But the outcome is not predetermined. Understanding the process and getting good legal advice early can make a real difference.
The Different Blood Alcohol Limits in NSW
NSW has three categories of drink driving offence based on your Blood Alcohol Concentration (BAC):
- Low range PCA: BAC of 0.05 to 0.079
- Mid range PCA: BAC of 0.08 to 0.149
- High range PCA: BAC of 0.15 or above
Special limits apply to learner and provisional drivers (0.00), professional drivers (0.02), and drivers of vehicles requiring a special licence.
What Happens After You Are Charged?
After being charged, you will be issued with a Court Attendance Notice and a date to appear in the Local Court. You should seek legal advice before your first court date — ideally as soon as possible after being charged.
In some cases, NSW Police may issue an immediate licence suspension notice at the time of the charge, particularly for mid and high range PCA offences. If this happens, you cannot drive until the matter is resolved in court.
What Are the Penalties?
Penalties increase significantly with the BAC reading and whether it is a first or subsequent offence:
- Low range (first offence): Fine, automatic disqualification of 3 months (minimum), no imprisonment.
- Mid range (first offence): Fine up to $2,200, automatic disqualification of 6 months, up to 9 months imprisonment.
- High range (first offence): Fine up to $3,300, automatic disqualification of 12 months, up to 18 months imprisonment.
These are the automatic consequences upon conviction. Courts have discretion to impose longer disqualifications and higher fines, particularly for repeat offenders.
What Is a Section 10 Dismissal?
A Section 10 of the Crimes (Sentencing Procedure) Act 1999 allows the court to dismiss a charge without recording a conviction. If the court grants a section 10, you are not convicted — meaning no licence disqualification, no fine, and no criminal record for that offence.
Section 10 is not available in every case. The court considers factors including:
- Your prior record (or absence of one)
- The BAC reading
- Your personal circumstances and character
- The impact a conviction would have on your employment and family
- Whether the circumstances were genuinely out of character
Effective legal representation — including well-prepared written character references, evidence of community involvement, and a compelling plea in mitigation — significantly improves the prospects of a section 10 or a reduced penalty.
What About an Interlock Device?
For mid and high range PCA convictions, courts often impose an alcohol interlock condition. This requires you to have a breath-testing device installed in your vehicle, which prevents the engine from starting if it detects alcohol. An interlock period runs after the disqualification period ends.
Do I Need a Lawyer?
You are not required to have a lawyer, but it is strongly advisable — particularly for mid and high range matters, or where your licence is essential for your employment. The cost of legal representation is almost always significantly less than the long-term impact of an avoidable conviction.
We appear regularly in the Parramatta Local Court and surrounding courts. Your first consultation is free. Contact us as soon as possible after being charged — the earlier we are involved, the better prepared we can be.
Need legal advice? James Papas Solicitors offers free first consultations for all Traffic Law matters. Our offices are in Parramatta and we serve all of Western Sydney. Learn more about our Traffic Law services → or contact us today.