By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 20 April 2026.
Key points
- A first low-range offence (0.05 to 0.079) is usually a $722 penalty notice and an immediate three-month suspension, with no court. The same goes for a first novice-range offence (a learner or P-plater with any alcohol) and a first special-range offence (a special category driver at 0.02 or more).
- Mid range (0.08 to 0.149) and high range (0.15 or more) mean court: a maximum fine of $2,200 and up to 9 months' jail for a first mid-range offence; $3,300 and up to 18 months for a first high-range offence.
- The alcohol interlock is compulsory for every mid or high range offence, for driving under the influence or refusing a sample, and for any second offence. An exemption is possible only if you have no access to a vehicle or a medical condition stops you using the device.
- With an interlock order you are off the road for a shorter period (for example 3 to 6 months for a first mid-range offence) and then drive with the device for 12 to 48 months. With an exemption order the full disqualification applies, up to 5 years.
- Police can suspend your licence on the spot for any of these offences.
- A second offence means an earlier drink driving conviction in the last 5 years. Two convictions in 5 years also mean resitting the Driver Knowledge Test.
- For a lawyer, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a NSW lawyer for a fixed $295.
In New South Wales, a first low-range drink driving offence (0.05 to 0.079) is usually dealt with by a $722 penalty notice and an immediate three-month licence suspension, while a first mid-range offence carries a maximum $2,200 fine, up to nine months' imprisonment and a compulsory alcohol interlock order, according to the NSW Government.
Every figure on this page was read on 22 October 2026 from the NSW Government's "Drink and drug driving penalties" and "Alcohol Interlock Program" pages, with Legal Aid NSW's guide "Drink driving charges and you" for how offences are counted. Court fines are maximums; the court decides the amount.
The ranges
| Range | Who and what reading |
|---|---|
| Novice range | A learner or provisional driver with any alcohol above zero |
| Special range | A special category driver (for example a bus, taxi or heavy vehicle driver) at 0.02 or more |
| Low range | 0.05 to 0.079 |
| Mid range | 0.08 to 0.149 |
| High range | 0.15 or more |
The penalties, first and second offence
| Offence | Penalty notice | Maximum court fine | Maximum jail | Disqualification without an interlock order | Interlock order |
|---|---|---|---|---|---|
| Low, special or novice range, first offence | $722 and an immediate 3-month suspension | $2,200 | None | 6 months automatically; the court may order 3 to 6 months | No |
| Low, special or novice range, second offence | Not available | $3,300 | None | 12 months automatically; at least 6 months | Yes: 1 to 3 months off the road, then 12 months on the interlock |
| Mid range, first offence | Not available | $2,200 | 9 months | 12 months automatically; at least 6 months | Yes: 3 to 6 months off the road, then 12 months on the interlock |
| Mid range, second offence | Not available | $3,300 | 12 months | 3 years automatically; at least 12 months | Yes: 6 to 9 months, then 24 months on the interlock |
| High range, first offence | Not available | $3,300 | 18 months | 3 years automatically; at least 12 months | Yes: 6 to 9 months, then 24 months on the interlock |
| High range, second offence | Not available | $5,500 | 2 years | 5 years automatically; at least 2 years | Yes: 9 to 12 months, then 48 months on the interlock |
| Driving under the influence of alcohol, first offence | Not available | $3,300 | 18 months | 3 years automatically; at least 12 months | Yes: 6 to 9 months, then 24 months on the interlock |
| Refusing to provide a sample, first offence | Not available | Treated as seriously as high range | 3 years automatically; at least 12 months | Yes: 6 to 9 months, then 24 months on the interlock | |
- "Automatic" disqualification is the period that applies when the court makes no other order. The court can order a different period, down to the minimum shown.
- "Without an interlock order" means where the court makes an interlock exemption order. Where an interlock order is made, the shorter disqualification in the last column applies instead, followed by the interlock period.
- The penalty notice is available only for a first low, special or novice range offence. Police can suspend your licence immediately for these offences, and for mid and high range offences.
- Jail time extends the disqualification: if you are sentenced to imprisonment, your disqualification is extended for as long as you are in jail for that offence.
- Your vehicle: if police charge you with a second drink driving offence that is also a "serious offence", they may impound your vehicle or confiscate its number plates.
The alcohol interlock program
- Compulsory. For a mandatory interlock offence the court must make either an interlock order or, in exceptional circumstances, an interlock exemption order.
- Exemption is possible only if you prove you have no access to a vehicle to fit the device, or a medical condition stops you using it. You cannot get one because you live in a regional or remote area. With an exemption your licence is cancelled, you serve the full disqualification, and you must complete the Sober Driver Program at your own expense.
- What it involves: a minimum disqualification, then at least 12 months driving only vehicles fitted with an interlock. You must have zero alcohol. The device takes a photo each time, asks for breath tests during the journey, and is serviced every 30, 60 or 90 days. A failed test in the last six months of the program can extend it.
- If you do not enter the program after an interlock order, you are disqualified for five years.
- Cost: Legal Aid NSW's guide (2023) puts it at about $2,200 a year.
What to do now
- Do not drive while your licence is suspended or you are disqualified; that is a further offence.
- Read your paperwork: a penalty notice and suspension notice, or a court attendance notice with your Local Court date.
- Work out your range and whether you have a drink driving conviction in the last 5 years; that decides the row above.
- If you will need to drive, ask about the interlock order: it gets you back on the road sooner than the full disqualification, on the device's conditions.
- Get advice before your court date. Call 1800 577 015 at any hour, or request a $295 consultation with a NSW lawyer. LawAccess NSW (1300 888 529, 9am to 5pm Monday to Friday) gives free legal information, and a Legal Aid NSW duty lawyer is at every Local Court on the day.
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in New South Wales is a fixed $295, by phone, video or in person. The lawyer can check the testing and the charge, advise on your plea, present your circumstances on the penalty, and explain the interlock order and how it will work for you. Requests are taken at any hour; how soon a lawyer can see you depends on who is available.
General information only, not legal advice. Updated 22 October 2026. Checked against the NSW Government's "Drink and drug driving penalties" and "Alcohol Interlock Program" pages and Legal Aid NSW's "Drink driving charges and you" (2023) on 22 October 2026.
Frequently Asked Questions
What is the penalty for a first low-range drink driving offence in NSW?
Usually a $722 penalty notice and an immediate three-month licence suspension, with no court. If the matter goes to court, the maximum fine is $2,200 and the court disqualifies you for 6 months unless it orders a different period of at least 3 months and no more than 6. There is no jail and no interlock for a first low-range offence. The same applies to a first novice-range offence (a learner or P-plater with any alcohol) and a first special-range offence (a special category driver at 0.02 or more). Figures from the NSW Government's penalties page, read 22 October 2026.
Will I lose my licence straight away for drink driving in NSW?
Usually, yes. NSW Police can suspend your licence immediately for a low, special or novice range offence, and for a mid range or high range offence. For a first low, special or novice range offence dealt with by a penalty notice, the suspension is three months.
Is the alcohol interlock compulsory in NSW?
Yes, for every mid range or high range offence, a first offence of driving under the influence of alcohol or refusing a sample, and any second low, special or novice range offence. The court must make an interlock order, or an exemption order only if you prove you have no access to a vehicle to fit the device or a medical condition stops you using it. Living in a regional or remote area is not a ground. If you receive an interlock order and do not enter the program, you are disqualified for five years.
How long will I lose my licence for mid-range drink driving in NSW?
For a first mid range offence with an interlock order: disqualified for at least 3 and no more than 6 months, then at least 12 months driving with the interlock. With an exemption order instead: 12 months automatically, or a period of at least 6 months that the court orders. A second mid range offence means 6 to 9 months and then 24 months on the interlock, or 3 years (at least 12 months) with an exemption.
Can I go to jail for drink driving in NSW?
For mid range and high range offences, yes. The maximum prison term is 9 months for a first mid range offence, 12 months for a second; 18 months for a first high range offence or driving under the influence, and 2 years for a second. Low, special and novice range offences carry no jail term.
What counts as a second drink driving offence in NSW?
Legal Aid NSW sets out the penalties for a first offence and a second offence in the last 5 years: an earlier drink driving conviction within 5 years makes the new one a second offence. Two drink driving convictions in a 5-year period also mean you must pass the Driver Knowledge Test before you can be licensed again.
What happens if I refuse a breath test in NSW?
Refusing or failing to provide a sample is treated as seriously as a high range offence. For a first offence the court must make an interlock order (disqualification of 6 to 9 months, then 24 months with the interlock) or an exemption order (3 years automatically, at least 12 months). A second refusal means 9 to 12 months and then 48 months on the interlock, or 5 years (at least 2 years) with an exemption.
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