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What Are the Penalties for Drink Driving in NSW?

  • Writer: Michael Confos
    Michael Confos
  • Jul 18
  • 4 min read

If you have been charged with drink driving in New South Wales, one of the first questions you are likely to ask is: What penalties could I receive?

The answer depends on several factors, including your blood alcohol concentration (BAC), whether it is your first offence, your driving history and the circumstances surrounding the incident.

Drink driving offences are treated seriously by NSW courts and can result in significant fines, licence disqualification, alcohol interlock orders and, in more serious cases, imprisonment.

If you have been charged with drink driving, speaking with an experienced ⁠Drink Driving Lawyer Sydney as early as possible may improve your prospects of achieving the best possible outcome.

What Factors Affect the Penalty?

There is no single penalty that applies to every drink driving offence.

The court will consider factors including:

  • the type of drink driving offence;

  • your blood alcohol concentration (BAC);

  • whether it is a first or repeat offence;

  • your traffic history;

  • your criminal history;

  • whether anyone was injured;

  • your personal circumstances; and

  • your level of remorse and rehabilitation.

Can I Be Fined?

Yes.

Many drink driving offences attract substantial financial penalties.

The maximum fine depends on the particular offence and whether it is your first or a subsequent conviction.

The amount ultimately imposed by the court will depend on the circumstances of your case.

Will I Lose My Licence?

In many cases, yes.

Licence disqualification is one of the most common consequences of a drink driving conviction.

The period of disqualification depends on:

  • the offence committed;

  • whether it is a first offence;

  • whether mandatory interlock provisions apply; and

  • the orders made by the court.

If keeping your licence is important, you should obtain legal advice before your court date.

You can read more in our article ⁠Will I Lose My Licence for Drink Driving in NSW?.

Will I Get a Criminal Record?

Possibly.

A conviction for drink driving will generally result in a criminal record.

However, in some cases the court may have sentencing options available that avoid recording a conviction.

Whether that outcome is available depends on your individual circumstances.

Can I Go to Jail?

For more serious drink driving offences, imprisonment is available as a sentencing option.

While many first offenders are not sentenced to prison, the likelihood increases where there are aggravating circumstances, repeat offending or particularly high readings.

Every case depends on its own facts.

Will I Need an Alcohol Interlock Device?

Certain drink driving offences require participation in the NSW Alcohol Interlock Program.

If applicable, you may need to install an approved alcohol interlock device before you can regain your unrestricted driver’s licence.

You can read more here:

What Does the Court Consider?

When deciding an appropriate sentence, the court may consider:

  • your BAC reading;

  • your driving history;

  • your criminal history;

  • whether you pleaded guilty;

  • your character;

  • evidence of rehabilitation;

  • your need for a licence; and

  • any other relevant circumstances.

Proper preparation before court can make a significant difference to the outcome.

Can a Lawyer Help Reduce My Penalty?

Yes.

An experienced drink driving lawyer can:

  • advise whether you have a defence;

  • negotiate issues with the prosecution where appropriate;

  • prepare persuasive sentencing material;

  • obtain character references;

  • present submissions to the court; and

  • seek the most favourable outcome available under the law.

Every case is different, but obtaining legal advice early is often beneficial.

Frequently Asked Questions

What is the maximum penalty for drink driving in NSW?

The maximum penalty depends on the particular offence and whether it is a first or subsequent offence. More serious offences carry significantly higher maximum penalties.

Will I automatically lose my licence?

Many drink driving offences result in licence disqualification, although the exact period depends on the offence and the orders made by the court.

Can I avoid a conviction?

Possibly. Whether this is available depends on the offence, your personal circumstances and the sentencing options available to the court.

Is drink driving a criminal offence?

Yes. Drink driving offences prosecuted in court can result in a criminal conviction unless the court orders otherwise.

Key Legislation

Drink driving offences and penalties in NSW are primarily governed by:

  • Road Transport Act 2013 (NSW)

  • Crimes (Sentencing Procedure) Act 1999 (NSW)

These Acts set out the offences, maximum penalties and sentencing principles that apply to drink driving matters.

Relevant Case Law

When sentencing drink driving offences, NSW courts apply the statutory sentencing principles together with established sentencing authorities.

The appropriate penalty depends on the individual facts of each case, including the seriousness of the offending and the offender’s personal circumstances.

Charged With Drink Driving?

If you have been charged with drink driving, obtaining legal advice before your court date can help you understand your options and prepare your case.

At Michael Confos Lawyer, we advise clients throughout Sydney on drink driving offences, licence disqualification, criminal records, alcohol interlock orders and court appearances.

You may also find these guides helpful:

Disclaimer

This article provides general information only and is not legal advice. The law may change, and every case depends on its own facts. Reading this article does not create a solicitor-client relationship. If you require legal advice about a drink driving offence, you should obtain advice from a qualified Australian lawyer.

 
 
 

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