Have you been charged with a drink driving offence? Talk to Us.
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 OFFENCE | Penalty (Max) | Disqualification | Mandatory Interlock Period | ||||
|---|---|---|---|---|---|---|---|
| Fine | Imprisonment | Minimum | Automatic | Min disq | Max disq | + mandatory interlock | |
| High-Range (0.15 or more) | |||||||
| First offence | $3300 | 18 months | 12 months | 3 years | 6 months | 9 months | 24 months |
| Second offence | $5500 | 2 years | 2 years | 5 years | 9 months | 12 months | 48 months |
| Mid-Range (0.08 – < 0.15) | |||||||
| First offence | $2200 | 9 months | 6 months | 12 months | 3 months | 6 months | 12 months |
| Second offence | $3300 | 12 months | 12 months | 3 years | 6 months | 9 months | 24 months |
| Low-Range (0.05 – 0.08) | |||||||
| First offence | $2200 | Nil | 3 months | 6 months | |||
| Second offence | $3300 | Nil | 6 months | 12 months | 1 month* | 3 months* | 12 months* |
| Special-Range (0.02 – (0.05) | |||||||
| First offence | $2200 | Nil | 3 months | 6 months | |||
| Second offence | $3300 | Nil | 6 months | 12 months | 1 month* | 3 months* | 12 months* |
| Novice-Range (nil permitted) | |||||||
| First offence | $2200 | Nil | 3 months | 6 months | |||
| Second offence | $3300 | Nil | 6 months | 12 months | 1 month* | 3 months* | 12 months* |
| Driving under the influence of alcohol or a drug – s112(1)(a)(b) | |||||||
| First offence | $3300 | 18 months | 12 months | 3 years | 6 months** | 9 months** | 24 months** |
| Second offence | $5500 | 2 years | 2 years | 5 years | 9 months** | 12 months** | 48 months** |
* Only where the first offence was any other alcohol-related major offence.
** Alcohol only.
Other Major Traffic Offences Penalties Table
| OFFENCE | Penalty (Maximum) | Disqualification | ||
|---|---|---|---|---|
| Fine | Imprisonment | Minimum | Automatic | |
| Driving with drug present in oral fluid/blood/urine – s111(1) | ||||
| First offence | $2200 | Nil | 3 months | 6 months |
| Second offence | $3300 | Nil | 6 months | 12 months |
| Driving while suspended – s54(3) | ||||
| First offence | $3300 | 6 months | 3 months | 6 months |
| Second offence | $5500 | 12 months | 6 months | 12 months |
| Driving while disqualified – s54(1) | ||||
| First offence | $3300 | 6 months | 3 months | 6 months |
| Second offence | $5500 | 12 months | 6 months | 12 months |
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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