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Drink Driving

Charged with an alcohol-related offence in NSW? You’re not alone—and we’re here to help.

Alcohol plays a big part in social life across New South Wales. But sometimes, a few drinks can lead to decisions we wouldn’t otherwise make. When things escalate, they can result in criminal charges—with real legal consequences.
At our law firm, we understand that alcohol-related offences are often the result of stress, emotion, or one bad night—not a reflection of your true character. We provide confidential, practical legal support to help you move forward.

Common Alcohol-Related Offences

We assist clients charged with a wide range of alcohol-related crimes, including:

Driving under the influence (DUI)
Alcohol-fuelled violence (e.g., assault or affray)
Refusing to leave licensed premises
Offensive conduct or language in public
Supplying alcohol to minors
Resisting police while intoxicated

Even minor incidents can lead to serious penalties, especially when public safety is involved.

Alcohol Related Offences

The law prohibits driving under the influence of alcohol. However, specific charges vary depending on a number of factors such as your level of intoxication and the status of your licence.

Novice Range Drink Driving

A person is guilty of Novice Range PCA if the person is a holder of a learners or provisional license and is caught driving with a blood alcohol concentration above 0.00 and below to 0.020. The penalty for this charge varies from case to case depending on a number of factors. However, the starting point in sentencing would be to record a criminal conviction, and 6 months disqualification from driving.

-Can I be charged with novice range drink driving?

-Will I get a criminal record for a Novice Range Driving PCA charge?

It is likely that a criminal conviction will be recorded. The courts have consistently emphasized that drink driving is a serious offence within the community. Accordingly, sentencing in such cases is intended to convey a strong deterrent message to the public. The starting point for sentencing typically includes the recording of a criminal conviction, along with the imposition of a fine and a period of licence disqualification. Offences in the novice range PCA category are considered particularly serious, given that they apply to drivers who are subject to a strict zero blood alcohol limit.

-Is it possible to avoid a criminal conviction for a Novice Range PCA charge?

Yes, it may be possible to avoid a criminal conviction if the court decides to impose a Conditional Release Order (CRO), previously known as section 10.

-Will I need a lawyer to represent me for a Low Range PCA Charge?

If you are concerned about receiving a criminal conviction or losing your licence, it is strongly recommended that you seek legal representation in court. An experienced solicitor has in-depth knowledge of the law and the strategies that may help reduce your penalty, potentially avoiding a criminal conviction and assisting you in retaining your driver’s licence.

Mid-Range Drink Driving

The offence of Mid-Range PCA is committed when a person drives a vehicle with a blood alcohol concentration between 0.08 and 0.149. If convicted, an outcome that is highly likely, the maximum penalty for a first-time offender is imprisonment for up to 9 months and a fine of 20 penalty units. Upon conviction, the automatic licence disqualification period is 6 months, and the offender is required to participate in the interlock program for 12 months. If the court grants an exemption from the interlock requirement, a mandatory licence disqualification of 12 months applies.

For repeat offenders, the penalties increase significantly. The maximum penalty is 12 months’ imprisonment, a fine of 30 penalty units, and a licence disqualification of up to 9 months, along with mandatory participation in the interlock program for 24 months. If an interlock exemption is granted in the case of a repeat offender, a mandatory disqualification period of 3 years applies.

-Will I get a criminal record for a Mid-Range PCA charge?

Courts generally regard all levels of drink driving as serious offences. However, mid-range drink driving is treated with significantly greater severity than low-range offences, due to the higher concentration of alcohol in the offender’s system. In cases of mid-range PCA, the starting point for sentencing typically includes the recording of a criminal conviction. For a first-time offender, this is usually accompanied by a licence disqualification of up to 6 months and participation in the interlock program for 12 months. For repeat offenders, the penalties are more severe, with a licence disqualification of up to 9 months and mandatory participation in the interlock program for 24 months.

-Is it possible to avoid a criminal conviction for a mid-range PCA charge?

In certain circumstances, it may be possible to avoid a criminal conviction for a mid-range PCA offence. The court may consider it inappropriate to record a conviction and instead choose to deal with the matter by way of a Section 10(1)(a) non-conviction order or a Section 9(1)(b) Conditional Release Order under the Crimes (Sentencing Procedure) Act 1999. Note: Under Section 203 of the Road Transport Act 2013, a person may only receive one non-conviction order—including a Section 9(1)(b) order—for a drink driving offence within a five-year period.

-Is it possible to avoid having my license disqualified for a Mid-Range PCA charge.

Yes, it may be possible to avoid a criminal conviction if the court elects to deal with the matter by way of a Section 10(1)(a) non-conviction order or a Section 9(1)(b) Conditional Release Order under the Crimes (Sentencing Procedure) Act 1999. In such cases, no conviction is recorded and you will not lose your licence.

What is an Interlock Order?

An interlock order is a directive imposed by the sentencing court. It involves a period of licence disqualification, followed by a requirement to obtain an interlock driver’s licence and participate in the interlock program for a specified duration.
Participation in the interlock program requires you to:

Attend your general practitioner for an assessment and obtain a Drink-less medical certificate, which must be completed within the last four weeks of your disqualification period;
Have an approved provider install an interlock device in your vehicle;
Blow into the interlock device and register a zero blood alcohol reading each time you start your car;
Provide random breath samples while driving, registering a zero alcohol reading; and
Drive only the vehicle equipped with the interlock device for the entire duration of the program.

If alcohol is detected in your breath, the vehicle’s engine will shut off and will not restart. The device logs all such events, which can be accessed by police and may lead to further legal consequences.
Failure to comply with the interlock order, or not being granted an exemption by the court, will result in a licence disqualification period of five years.

Are there any exemptions from the interlock order?

Yes, but you must show the court that satisfy an order of such type will cause great hardships to you.

-Will I need a lawyer to represent me for a Mid-Range PCA Charge?

It is important to remember that, although drink driving may sometimes be perceived as a minor offence, the courts treat it very seriously, particularly in mid to high-range cases. Facing such charges can be frightening, especially for those unfamiliar with the criminal justice system. An experienced lawyer brings extensive knowledge of the law and effective strategies that may help mitigate your sentence, guiding you towards the best possible outcome.

High Range Drink Driving

The offence of High Range PCA is committed when a person drives a vehicle with a blood alcohol concentration of 0.150 or higher. Penalties vary depending on the circumstances of the case. For a first-time offender, the maximum penalty includes a recorded criminal conviction, imprisonment for up to 18 months, a licence disqualification period of 3 years, and a fine of 30 penalty units. For repeat offenders, the maximum penalty is more severe, consisting of a recorded criminal conviction, imprisonment for up to 2 years, a fine of 50 penalty units, and a licence disqualification period of 5 years.

-Will I get a Criminal Record For a High Range Drink Driving Charge?

Yes. The courts consider high range drink driving be a serious offence. The severity of the charge is depended on the level of alcohol in the offenders blood or breath. The penalties are severe, and some form of custodial sentence may be imposed on the offender. This is accompanied by recording a criminal conviction.

-Is it possible to go to Jail for a High Range PCA Charge?

Yes, the courts consider high-range drink driving to be a serious offence. The severity of the charge depends on the level of alcohol detected in the offender’s blood or breath. Penalties are severe and may include a custodial sentence, accompanied by the recording of a criminal conviction.

-Will I need a lawyer to represent me for a High Range PCA Charge?

The offence of High Range drink driving is a serious matter, and the courts will impose sentences that reflect its gravity. It is important to understand the potential consequences of a severe sentence, including the possibility of imprisonment. Facing such charges can be particularly daunting for individuals unfamiliar with the criminal justice system. An experienced lawyer has extensive knowledge of the law and strategies that may help mitigate your sentence, assisting you in achieving the best possible outcome.

Refuse Breath Analysis

A person is guilty of refusing to submit to breath analysis if they were driving a vehicle, returned a positive result on a breath test, and then refused to provide a further breath analysis without a reasonable excuse.

-Will I get a Criminal Record for a Refuse Breath Analysis Charge?

Yes, the courts and legislature regard this offence as extremely serious. The penalties for refusing a breath analysis are the same as those for a high-range PCA offence. This approach aims to prevent individuals from refusing a breath test in the hope of receiving a lesser penalty when they know they are significantly over the legal limit. The penalties are severe and may include a custodial sentence, which will be accompanied by a recorded criminal conviction.

-Is it Possible to go to Jail for a Refuse Breath Analysis Charge?

Yes, it is not uncommon for courts to impose a custodial sentence for a Refuse Breath Analysis charge. However, the decision to impose imprisonment depends on various factors, which are considered on a case-by-case basis. These factors include whether a collision occurred, the offender’s traffic record, the objective seriousness of the offence, and the personal circumstances of the offender.

-Will I Need a Lawyer to Represent me for a Refuse Breath Analysis Charge?

The offence of refusing a breath analysis is considered very serious, and sentencing will reflect its seriousness. It is important to understand the potential consequences of a harsh sentence, including the possibility of imprisonment. Facing such charges can be intimidating, especially for those unfamiliar with the criminal justice system. An experienced lawyer has extensive knowledge of the law and strategies that may help mitigate your sentence, guiding you towards the best possible outcome.