BOORMAN LAWYERS · NSW TRAFFIC LAW

Drink driving penalties in NSW

General information about the factors courts consider and the penalties that may apply.

General information only. The material on this page is not legal advice and may not apply to your circumstances.

NSW penalties guide · current-source summary

Offence category
PCA range, DUI or related allegation
Licence pathway
Suspension, court disqualification or interlock order
Court consequences
Fine, conviction and other sentencing orders
Current source
Official tables and legislation should be checked

Quick answer: a drink-driving penalty is not one fixed result

In New South Wales, the legal consequences can turn on the exact allegation, alcohol range, whether an administrative penalty notice is available, whether the matter is dealt with in court, prior relevant offending, licence status and the current legislation. A court matter can involve a conviction, fine, licence disqualification and, for some offences, an alcohol interlock order. More serious categories can also carry a maximum term of imprisonment.

The NSW Government drink and drug driving penalties page is the current public reference point. It should be read with the actual charge document and the in-force Road Transport Act 2013 (NSW).

Current penalty framework at a glance

These are high-level current reference points, not a penalty calculator or a prediction. The official tables distinguish first offences from second or subsequent offences and distinguish a penalty-notice pathway from a court pathway.

Novice, special and low range PCA

Lower-range categories

For a first offence, the NSW Government states that a penalty notice and immediate three-month licence suspension may be available. If dealt with by a court, the current table records a maximum court-imposed fine of $2,200, with court disqualification settings that depend on the category and history.

Novice range · special range · low range

Mid range PCA

Court and interlock category

The current NSW Government table records, for a first mid-range offence, a maximum court fine of $2,200, a maximum prison term of nine months, a six-month minimum disqualification and a 12-month automatic disqualification. It identifies the category as subject to an alcohol interlock order.

Read the mid-range PCA guide.

High range PCA

More serious PCA category

The current official table records, for a first high-range offence, a maximum court fine of $3,300, a maximum prison term of 18 months, a 12-month minimum disqualification and a three-year automatic disqualification. It identifies the category as subject to an alcohol interlock order.

Read the high-range PCA guide.

DUI, testing and combined allegations

Separate statutory pathways

Driving under the influence, refusal or sample-related allegations, and combined alcohol-and-drug driving are not simply PCA range matters. Their current maximums, licence consequences and interlock settings are set out in separate official tables and statutory provisions.

Read the full NSW offences guide.

Three different licence concepts to keep separate

Licence terminology is often compressed into the phrase “loss of licence”, but the process can involve different legal and administrative steps. Reading the relevant notice and current official material matters.

Immediate police suspension. For specified allegations, police may issue a suspension notice. The Judicial Commission notes that, where a suspension notice has issued, the court must take the suspension period into account when deciding the relevant licence order under the Road Transport Act.

Court disqualification. A court that convicts a person of a road transport offence may make a disqualification order, subject to the particular minimum and automatic provisions that apply. The court framework and timing need to be read against the current Act.

Alcohol interlock pathway. Some alcohol-related offences require an interlock order unless the court makes an interlock exemption order. The disqualification period and the interlock participation period are both part of that framework.

Alcohol interlock: what the current program means

The NSW Alcohol Interlock Program applies to mid-range and high-range PCA categories, repeat drink-driving matters and other specified serious alcohol-related offences. The program is court-ordered for mandatory interlock offences. It involves an interlock-equipped vehicle, a zero-alcohol limit while on an interlock licence, scheduled servicing and a current program process administered through Transport for NSW.

The official NSW Government page states that a person who receives an interlock order and does not enter the program is disqualified from holding a licence for five years. It also sets out the current offence-specific disqualification and interlock periods, program fees and exemption-order information. Read the site’s NSW interlock information and then check the current NSW Government interlock program page.

What the Local Court process can involve

A court penalty is not determined by a single number on a website. The charge, available evidence, applicable statutory provisions, driving record, any current suspension, sentencing material and the orders open to the court all matter. The Judicial Commission’s Local Court Bench Book explains that automatic disqualification settings and suspension time must be addressed under the current Road Transport Act framework.

This page does not assess any individual matter or say what result a court will reach. For a plain-English overview of court dates, documents and preparation, see the NSW DUI court process guide. For general information about sentencing orders without conviction, see the Section 10 information page.

Four practical checks before a court date

  1. Read the exact allegation. Keep the Court Attendance Notice, police suspension notice, test paperwork and any interlock or licence correspondence together.
  2. Check the court listing. Confirm the date, time and location through the current NSW Online Registry and relevant court information before travelling.
  3. Use current official tables. Fine amounts, minimums, automatic disqualification periods and interlock arrangements can change. Do not rely on an old screenshot or an informal summary.
  4. Separate the legal pathways. Check whether the issue concerns a penalty notice, an immediate suspension, a court charge, an interlock order or more than one of these.

Related NSW penalty and process information

Need representation for a NSW court matter?

Boorman Lawyers can discuss representation for drink-driving, drug-driving, DUI and related traffic-law matters listed in NSW. An enquiry is more useful when it includes the court location, court date, charge description and any current licence notice.

Call 1300 941 900 or use the Sydney enquiry form.

Official sources and current checks

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