Facing Drink-Driving Charges? Know Your Penalties & Defence Options
Drink Driving Penalties NSW 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.
In New South Wales (NSW), Australia, the minimum and maximum licence disqualification periods for drink 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.
Drink Driving Lawyers Parramatta, Sydney & NSW-Wide!
If you are facing charges for drink driving, it is essential to seek legal representation from experienced lawyers.
Rezae & Co Lawyers can help you achieve the best possible outcome and regain your license as quickly as possible.
With expert legal representation, many clients avoid licence disqualification or fines.
Learn how we can help.