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In New South Wales (NSW), Australia, the minimum and maximum licence disqualification periods for drink driving and drug driving offences are stipulated under the state’s traffic laws.

While you will receive a penalty during sentencing (such as a good behaviour being imposed on you or being required to pay a monetary fine), in most cases you will also receive a licence disqualification period which is separate from the penalty itself. 

The severity of both the penalty and the licence disqualification period depends on factors such as the blood alcohol concentration (BAC) level and whether it is a first-time or repeat offence. Repeat offences generally result in longer disqualification periods and more onerous maximum penalties.

However, there are exceptions to receiving a mandatory licence disqualification, such as cases where you receive a Conditional Release Order (CRO) without a conviction (formerly known as a Section 10 good behaviour bond). If you are to receive a CRO without conviction, then you will also avoid receiving a licence disqualification period.

If you are charged with a drink driving drug driving or other traffic offence, it is crucial for you to seek legal representation from experienced lawyers to assist you in achieving the best possible outcome for your offence and to help you get your licence back as soon as possible.

Drink Driving Penalties Table

Drink Driving OFFENCEPenalty (Max)DisqualificationMandatory Interlock Period
 FineImprisonmentMinimumAutomaticMin disqMax disq+ mandatory interlock
High-Range (0.15 or more)
First offence$330018 months12 months3 years6 months9 months24 months
Second offence$55002 years2 years5 years9 months12 months48 months
Mid-Range (0.08 – < 0.15)
First offence$22009 months6 months12 months3 months6 months12 months
Second offence$330012 months12 months3 years6 months9 months24 months
Low-Range (0.05 – 0.08)
First offence$2200Nil3 months6 months   
Second offence$3300Nil6 months12 months1 month*3 months*12 months*
Special-Range (0.02 – (0.05)
First offence$2200Nil3 months6 months   
Second offence$3300Nil6 months12 months1 month*3 months*12 months*
Novice-Range (nil permitted)
First offence$2200Nil3 months6 months   
Second offence$3300Nil6 months12 months1 month*3 months*12 months*
Driving under the influence of alcohol or a drug – s112(1)(a)(b)
First offence$330018 months12 months3 years6 months**9 months**24 months**
Second offence$55002 years2 years5 years9 months**12 months**48 months**

* Only where the first offence was any other alcohol-related major offence.

** Alcohol only.

Page Author: Saba Rezae - Traffic Lawyer Sydney

Saba Rezae is our Principal Lawyer and founder of Rezae & Co Lawyers who has practised exclusively in criminal and traffic law for several years. His exceptional results and ability to provide legal service at the highest standard saw him head-hunted by the largest specialist criminal law firms in NSW and was quickly promoted to Senior Lawyer before establishing his own practice.

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