If you’ve been pulled over and charged with drink driving in NSW, you’re likely asking: Will I lose my licence immediately?

The answer depends on your blood alcohol concentration (BAC), your licence class, and whether this is your first offence.

 

What is the Legal Blood Alcohol Limit in NSW?

In NSW, different drivers are subject to different legal limits:

• • 0.00 BAC – Learner, P1, and P2 drivers

• • 0.02 BAC – Drivers of heavy vehicles, taxis, and buses

• • 0.05 BAC – Fully licensed drivers

Exceeding these limits, even slightly, can lead to serious legal consequences.

 

Categories of Drink Driving Offences

Drink driving offences are classified based on the BAC reading:

• • Novice Range (0.00 to 0.019) – For L and P plate drivers

• • Special Range (0.02 to 0.049) – For drivers who must maintain a zero or near-zero BAC

• • Low Range (0.05 to 0.079) – For fully licensed drivers

• • Mid Range (0.08 to 0.149)

• • High Range (0.150 and above)

Each category carries different penalties and implications, especially for repeat offenders.

 

Can You Lose Your Licence on the Spot?

Yes, NSW police have the authority to issue an immediate licence suspension if you’re charged with mid-range or high-range drink driving.

This suspension begins the moment you’re issued the notice and generally lasts for 3 months or until your matter is heard in court.

You may also be issued an immediate suspension for:

• • Low-range drink driving in some circumstances

• • Refusing or failing a breath test

 

What Happens in Court?

Even if your licence is suspended on the spot, you’ll still have to attend court.

Penalties can include:

• • Heavy fines (up to $3,300 for high-range)

• • Lengthy disqualification periods

• • Mandatory interlock orders (for some mid and high-range offences)

• • A criminal conviction

• • In serious or repeat cases, imprisonment

 

Can You Avoid a Conviction?

Yes, it’s possible to avoid a criminal conviction through:

• • Section 10 dismissal or Conditional Release Order without conviction

• • Pleading guilty early and showing genuine remorse

• • Demonstrating exceptional circumstances or hardship

 

Why Legal Representation Matters

A drink driving charge can affect your job, travel plans, and insurance premiums.

A specialist criminal defence lawyer can:

• • Assess whether police followed the correct procedures

• • Challenge the BAC result or the lawfulness of the stop

• • Argue for reduced penalties or a non-conviction outcome

 

Need Help With a Drink Driving Charge?

At Rezae & Co Lawyers, we regularly represent clients in courts across NSW.

If you’ve been charged with drink driving or more serious offences, contact us today for expert legal advice.