DUI offences in NSW

Quick answer: NSW drink and drug driving is not one offence

In New South Wales, different allegations apply depending on whether the issue is an alcohol reading, the presence of a prescribed illicit drug, the combined presence of alcohol and a prescribed illicit drug, alleged impairment, or non-compliance with a testing requirement. The Road Transport Act 2013 (NSW) contains the operative provisions. This page is a general guide to the principal alcohol-, drug- and testing-related offence families; it is not legal advice.

The label on a Court Attendance Notice, police facts or other document matters. Similar-sounding allegations can arise under different sections and can have different elements, processes and current consequences. For a current official overview of penalties and administrative action, see the NSW Government drink and drug driving information.

Drink driving: prescribed concentration of alcohol (PCA)

Section 110 deals with prescribed concentration of alcohol, commonly called PCA. The category depends on the alcohol concentration alleged and, for some categories, the driver’s licence or special-category status. The range pages below provide more detail about the practical court and process context for each category.

• Novice range PCA. This generally concerns a learner or provisional driver with an alcohol concentration above zero. Read novice-range information.
• Special range PCA. This applies to certain special-category drivers and is associated with a lower alcohol limit. Read special-range information.
• Low range PCA. The NSW Government describes this range as a BAC from 0.05 to 0.079. Read low-range information.
• Mid range PCA. The NSW Government describes this range as a BAC from 0.08 to below 0.15. Read mid-range information.
• High range PCA. The NSW Government describes this range as a BAC of 0.15 or above. Read high-range information.
• Other alcohol-related context. Alcohol can also be relevant to a combined offence or an allegation of driving under the influence; those are separate categories described below.

Drug driving: presence, influence and morphine categories

NSW law distinguishes a prescribed-drug presence allegation from an allegation of driving under the influence of a drug. A presence offence does not use the same legal concept as an influence allegation. The roadside drug-testing program commonly refers to active THC, methylamphetamine, MDMA and cocaine; the current statutory definitions and prescribed-drug rules should always be checked in the legislation.

• Prescribed illicit drug present — section 111(1). This category concerns driving or the relevant driver-seat conduct while a prescribed illicit drug is present in oral fluid, blood or urine. It is distinct from proving that a person was impaired. Read drug-driving information.
• Morphine present — section 111(3). Morphine is dealt with separately in the legislation and has a separate medical-purpose framework. It should not be treated as simply another prescribed-illicit-drug allegation.
• Driving under the influence of a drug — section 112. This category is about alleged influence or impairment from alcohol or another drug, not a fixed PCA range or prescribed-drug presence alone. It may be relevant to illegal, prescription or other drugs depending on the facts alleged.
• Drug-related testing process. Oral-fluid, blood and urine testing provisions are separate from the substantive driving allegations. The documents and testing pathway need to be read carefully before assuming what allegation is involved.

Combined alcohol and drug driving — section 111A

Section 111A creates a separate combined category where a prescribed illicit drug and a prescribed concentration of alcohol are both alleged to be present. The Act has graded forms for high-range PCA, mid-range PCA, and certain low-, novice- or special-range circumstances involving a prior combined offence within the preceding five years.

Driving under the influence (DUI) — section 112

DUI under section 112 is different from a PCA or prescribed-drug-presence allegation. It is framed around driving while under the influence of alcohol or another drug. It can also apply to certain other conduct described in the section, including attempting to put a vehicle in motion and, in specified circumstances, sitting beside a learner driver.

The Judicial Commission’s Local Court Bench Book identifies section 112 as a major offence and distinguishes it from the concentration and presence provisions. It is therefore important not to assume that a breath or laboratory result alone tells the complete legal category recorded on a charge document.

Testing, refusal and sample integrity offences

Schedule 3 to the Road Transport Act separates the testing process from the substantive drink- and drug-driving categories. A person can face an allegation concerning the testing or sample process even where the charge is not framed as a PCA, prescribed-drug-presence, combined or DUI allegation.

• Failing to stop for a test. Schedule 3 includes a separate provision concerning disobeying a request or signal to stop for a breath test.
• Refusal or failure to undergo testing. Clause 16 covers refusal or failure to undergo a breath test, oral-fluid test or sobriety assessment, and separately addresses breath analysis.
• Refusal or failure to provide a sample. Clause 17 concerns required blood, oral-fluid or urine samples and includes additional circumstances connected with serious incidents.
• Altering a sample or relevant concentration. Clause 18 addresses conduct involving the introduction or alteration of alcohol or drug relevant to testing or analysis.
• Hindering or obstructing testing. Clause 19 separately deals with hindering or obstructing specified oral-fluid, blood or urine procedures.

What to read before a Local Court appearance

1. Identify the exact provision. Read the section or Schedule 3 clause written on the Court Attendance Notice or other charging document.
2. Keep the documents together. Preserve the Court Attendance Notice, any police facts, test paperwork, licence correspondence and court-date information.
3. Check the current court listing. Use the NSW Online Registry and the court’s current attendance information before travelling.
4. Use current sources. Penalty, suspension, interlock and repeat-offence information can change. Read the live official pages rather than relying on screenshots, old articles or social posts.

Official sources and current checks

• NSW Legislation — Road Transport Act 2013
  The current in-force statutory text.
• Judicial Commission of NSW — Local Court Bench Book
  Road transport legislation reference material.
• NSW Government — drink and drug driving
  Current public information about penalties and administrative action.
• Transport for NSW — drug driving
  Road-safety and testing information.