Drink driving in NSW: penalties, defences, and what to expect.

A drink-driving charge in NSW carries automatic consequences that take effect before you see a court. Understanding the penalty bands, the immediate-suspension regime, and the section 10 dismissal pathway changes what a good lawyer can do for you.

Drink driving offences in NSW are governed by the Road Transport Act 2013 (NSW). Since the 2019 reforms, even a first-offence low-range PCA carries an immediate licence suspension and on-the-spot penalty notice in some circumstances. Get legal advice the same week as the charge.

The penalty bands

PCA (Prescribed Concentration of Alcohol) offences are divided by blood-alcohol reading. The bands and maximum penalties for a first offence:

• Novice range (any alcohol if on a learner or P1/P2 licence) — fine up to $2,200, 3-month disqualification.
• Special range (0.02 to under 0.05, if on a special licence) — fine up to $2,200, 3 to 6 months disqualification.
• Low range (0.05 to under 0.08) — fine up to $2,200, 3 to 6 months disqualification, mandatory interlock for second offence.
• Mid range (0.08 to under 0.15) — fine up to $2,200, max 9 months prison, 6 to 12 months disqualification, mandatory interlock for 24 months.
• High range (0.15 or above) — fine up to $3,300, max 18 months prison, 12 months to 3 years disqualification, mandatory interlock for 24+ months.

Maximum penalties are reserved for serious cases. Most first offences attract a fine and a disqualification at the lower end of the range.

Immediate licence suspension

Since 20 May 2019, police can issue an immediate licence suspension for mid-range and high-range PCA at the time of the charge. The suspension takes effect immediately and continues until the court determines the matter. You can appeal an immediate suspension to the Local Court within 28 days under s267 of the Road Transport Act. The appeal must show "exceptional circumstances".

The section 10 dismissal

Under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the court can find the offence proved but not record a conviction. A successful s10 means no criminal record, no disqualification, and (in most cases) no interlock. Section 10 outcomes are not common for drink driving but are available in genuinely exceptional cases — particularly first offences at the low range, where the driver is otherwise of good character, has demonstrated remorse, and where a conviction would have disproportionate consequences (e.g. loss of employment, immigration impact).

The interlock program

The NSW Mandatory Alcohol Interlock Program (MAIP) applies to most drink-driving offenders. You spend a minimum period on an unconditional disqualification (e.g. 6 months for mid-range first offence), then you may apply for an interlock licence for the balance of the disqualification. An interlock is a breathalyser fitted to your car. The program costs the driver $200 to $300 to install plus $130 to $160 per month for the typical 24-month interlock period. Exemptions are possible on medical or financial grounds but are uncommon.

What to do after a charge

1. Engage a criminal lawyer with NSW Local Court experience — ideally one who has appeared in your local court frequently. Early engagement allows time to prepare for sentencing.
2. If you have an immediate suspension, decide quickly whether to appeal. The 28-day window is hard.
3. Begin remediation: a Traffic Offenders Intervention Program (TOIP) referral and a session with a counsellor are both standard at sentencing.
4. Gather character references — from employers, community leaders, family. Specific examples of good character are more powerful than general assertions.
5. Don’t plead guilty until you have legal advice. The plea decision and the sentencing submissions are linked.

Costs

Typical NSW criminal lawyer fees for drink-driving matters, May 2026:

• Early guilty plea in the Local Court: $2,000 to $4,500
• Defended hearing in the Local Court: $6,500 to $14,000
• Section 10 application with full preparation: $3,500 to $7,500
• Appeal of an immediate suspension: $2,000 to $4,000

These are professional fees. Court filing fees ($120 to $470), interlock costs, and any expert reports are separate.