Drink Driving Penalties NSW
This page outlines the maximum penalties for all drink driving charges in NSW. Most of the laws specifying drink driving offences are located in road transport legislation. There are also dangerous driving offences under the Crimes Act 1900 that may involve the consumption of alcohol.
Under s 9 of the Road Transport (Safety and Traffic Management) Act 1999 (NSW) (the Act), it is an offence for individuals with a prescribed blood alcohol concentration to: drive; attempt to drive; or occupy the seat next to the holder of a learner licence who is driving a vehicle. The Act identifies four categories of PCA offences:
Drink Driving - Novice range PCA
- S 9(1A) Novice range PCA – The holder of a learner licence or a provisional licence must not, while the novice range prescribed concentration of alcohol is present in his or her blood: (a) drive the motor vehicle, or (b) occupy the driving seat and attempt to put the vehicle in motion. The maximum penalty is a fine of 10 penalty units ($1100) in the case of a first offence, or 20 penalty units ($2200) in the case of a second or subsequent offence.
Drink Driving Special range PCA
- Special range PCA applies to special category drivers4 with a blood alcohol concentration of between 0.02 and 0.049 g/100 mL
Drink Driving low PCA
- Low range PCA applies to drivers with a blood alcohol concentration of between 0.05 and 0.079 g/100 mL
Drink Driving Mid Range PCA
- Mid range PCA applies to drivers with a blood alcohol concentration of between 0.08 and 0.149 g/100 mL
Drink Driving High range PCA
- High range PCA applies to drivers with a blood alcohol concentration of over 0.15 g/100 mL.
Maximum penalties and disqualification periods for PCA offences
| PCA Offence | Fine | Imprisonment | Disqualification |
| (penalty units) | (months) | period | |
|
Special range |
10 |
No |
Automatic 6 months |
|
(first offence) |
Minimum 3 months |
||
|
Special range |
20 |
No |
Automatic 12 months |
|
(second or subsequent offence) |
Minimum 6 months |
||
|
Low range |
10 |
No |
Automatic 6 months |
|
(first offence) |
Minimum 3 months |
||
|
Low range |
20 |
No |
Automatic 12 months |
|
(second or subsequent offence) |
Minimum 6 months |
||
|
Mid range |
20 |
9 |
Automatic 12 months |
|
(first offence) |
Minimum 6 months |
||
|
Mid range |
30 |
12 |
Automatic 3 years |
|
(second or subsequent offence) |
Minimum 12 months |
||
|
High range |
30 |
18 |
Automatic 3 years |
|
(first offence) |
Minimum 12 months |
||
|
High range |
50 |
24 |
Automatic 5 years |
|
(second or subsequent offence) |
Minimum 2 years |
The Act distinguishes between first offences and second or subsequent offences. Under the Act, offences are considered second or subsequent if the person was convicted of a major traffic offence (including any PCA offence) in the previous five years. Major offences include any offence under the Crimes Act 1900 (NSW), dangerous or negligent driving offences under the Act, PCA offences, driving under the influence of drugs, refusing to submit to testing for drugs or alcohol, or the aiding and abetting of the commission of any of the above crimes or offences.
If you have been charged or are facing a police interview, contact our drink-driving lawyers today to make an appointment to see one of our lawyers.
