Drink Driving Offences in NSW – What You Need to Know
Expert Drink Driving Lawyers in Sydney – Greenfield Lawyers
If you’ve been charged with a drink driving offence in NSW, it is vital to understand your legal rights and the options available. At Greenfield Lawyers, we are specialist drink driving defence lawyers in Sydney with extensive experience successfully defending clients facing PCA offences, refusal offences, and interlock orders.
What Is a Drink Driving Offence?
Drink driving offences typically arise under Section 110 of the Road Transport Act 2013 (NSW) and are categorised by Prescribed Concentration of Alcohol (PCA) levels:
- Novice range PCA: 0.00 to 0.019
- Special range PCA: 0.02 to 0.049
- Low range PCA: 0.05 to 0.079
- Mid range PCA: 0.08 to 0.149
- High range PCA: 0.150 and above
Penalties escalate depending on the range of alcohol detected, prior convictions, and whether the offence is a first or subsequent offence within a 5-year period.
Penalties for Drink Driving in NSW
Penalties can include:
- Heavy fines (up to $5,500)
- Licence disqualification
- Mandatory interlock installation
- Criminal conviction
- Imprisonment for repeat or high-range offenders
The High Range PCA Guideline Judgment (2004) sets out that imprisonment is the likely outcome for repeat offenders, especially if there are aggravating factors.
🔒 Licence Disqualification & Suspension Periods
The court can impose a disqualification period ranging between the statutory minimum and automatic disqualification periods. If your licence was already suspended by police (under s224), the time served may count towards your total disqualification – known as a SAD (Suspension and Disqualification) order.
🚗 Mandatory Interlock Orders
🧠 Defence Strategies for Drink Driving Charges
- Possible defences include:
- Challenging the accuracy of breath or blood tests
- Questioning the lawfulness of the stop or arrest
- Establishing no valid reading within the 2-hour statutory window (Schedule 3, Road Transport Act)
- Raising honest and reasonable mistake of fact
- Requesting a non-conviction (Section 10 dismissal) where applicable
At Greenfield Lawyers, we tailor a defence strategy based on your personal, work, and medical circumstances.
⚖️ What Can Reduce My Penalty?
- Several steps can significantly improve your sentencing outcome:
- Enrolling in a Traffic Offender Intervention Program (TOIP)
- Providing strong character references
- Demonstrating genuine remorse and insight
- Documenting hardship if licence loss impacts work, family, or health
- Explaining any underlying medical or addiction issues
Magistrates are often persuaded by preparation and demonstrated rehabilitation.
👨⚖️ First Offence vs Second Offence
Under Section 9 of the Road Transport Act, a second or subsequent offence within 5 years will attract harsher penalties. The law considers even unpaid penalty notices for alcohol-related driving as prior offences.
If you have multiple charges pending, they should be listed together to avoid one being treated as a second offence post-conviction.
📝 Why Choose Greenfield Lawyers?
We are a top-rated Sydney drink driving law firm, trusted by thousands of clients for our results-driven advocacy.
Our criminal and traffic law team provides:
📞 Book a Consultation Today
If you’ve been charged with drink driving, contact Greenfield Lawyers immediately for a confidential consultation. Time is critical – early legal advice can save your licence and even keep you out of gaol.