Video chapters
Quick answer
NSW drink-driving consequences depend on the alleged alcohol reading, licence category, conduct, prior relevant history and whether other offences are alleged. Penalties and procedures have changed since this recording, so check the current NSW Government material and obtain advice from the actual notice and police facts.
About this historical recording
This recording is retained because it explains the issue in plain language and forms part of the Go To Court video archive. The current answer, practical steps and official sources on this page take priority wherever legislation, terminology, institutions, deadlines, penalties or service arrangements have changed.
What to do now
- Do not drive while suspended: Read every licence suspension, police and court notice and comply immediately.
- Check the allegation: Identify the PCA range or other offence, alleged reading, test sequence and prior relevant history.
- Preserve evidence: Keep the police facts, test documents, medical material, dashcam and witness details.
- Prepare for court: Obtain advice about plea, evidence, licence consequences, interlock issues and material for sentence.
Transcript
There are a variety of offenses related to drink driving and drug driving in New South Wales. You can be charged after a breath test with being over the prescribed alcohol concentration limit for driving with drugs in your system, for refusing to provide a breath or blood sample or for driving while affected by drugs or alcohol. Each offense carries its own penalty and suspension period.
There are no work licenses or restricted licenses in New South Wales, so the outcome can have a significant effect on your work and personal life. In some circumstances, you can apply for a Section 10 No Conviction, which will mean no suspension period will be imposed, but this is very hard to obtain for a drink driving offence. Penalties and Suspensions for Drink Driving in New South Wales The Road Transport Act 2013 outlines the drink driving offences and penalties, including the minimum suspension period required to be ordered by the magistrate.
Drink driving offences that relate to your blood alcohol concentration are divided into Special, 0.02, Novus, 0.00, Low, 0.05 to 0.08, Mid, 0.08 to 0.15 and High, 0.015 or above. The suspension periods range from 3 months to 3 years for a first offence and 6 months to 5 years for subsequent offences. Fines can range from $1,100 to $5,500 depending on the offence and your previous history.
Mid-range and high-range PCA can incur a jail term of between 9 months to 2 years depending on the offence and your traffic history. Refusing to provide a breath sample is the same penalty as high-range PCA and a suspension of 12 months to 3 years can be imposed for a first offence. If you are charged with driving under the influence of alcohol or drugs, there is a minimum disqualification period of 6 months with a possible jail term of 9 months.
If you are found to have illicit drugs in your system while driving, then a historical licence-suspension period will be imposed, along with a fine ranging from $1,100 to $2,200. Some offences such as mid-range and high-range PCA will result in an immediate suspension of your licence. This means that you will not be able to drive between when you are charged and when you are sentenced by the court. Interlock devices or driver training programmes are possible options, may allow the magistrate to impose a lesser penalty.
A DUI lawyer will be able to give you advice further on this. For more information on DUI offences in New South Wales, visit our website, gotocourt.com.au
Current sources
Sources checked 4 September 2026.
Important
This page provides general information only; it is not legal advice and does not take account of your circumstances. The embedded video is a historical recording. Laws, court arrangements, procedures, fees, deadlines and official guidance can change. Check the current sources above and obtain advice from a qualified lawyer about your situation.