Drink Driving Lawyer Sydney
If you have been charged with a drink driving offence, get clear advice today from a trusted Sydney drink driving lawyer.
- Sydney CBD Legal Team
- Strong Court Representation
- Clear Advice & Responsive Guidance
Our Sydney drink driving lawyers deliver clear, strategic advice.
If you are defending a PCA charge, our drink driving lawyer in Sydney can help to minimise penalties if possible and protect your rights throughout the process. From early advice through to court representation, we will handle your matter with strategic and straightforward advice.
We understand how much losing your licence can impact your freedom, family life and employment, and our experienced team will ensure you understand your options and help you to achieve the best possible outcome. Whether this is the first time you’ve been charged under the Road Transport Act 2013, or you are facing a more serious charge, we will prepare your case thoroughly, protect your licence if possible and provide strong courtroom advocacy.
Options, pathways and possible outcomes for New South Wales drink driving matters.
If you have been charged with a drink driving offence, your options will depend on the PCA category, any previous history and the circumstances that the incident occurred. If you are facing a lower range offence, you may be eligible to plead guilty and seek a more lenient outcome, such as a shorter disqualification period or even a non-conviction in some cases.
Mid to high range matters are treated seriously in New South Wales, and require a more structured approach, which may include establishing good character, your requirement for a licence or any steps you have taken to address any underlying issues. We will provide advice, gather supportive material and represent you in the Sydney or Parramatta Local Court.
Case Study Summary - Non-Conviction Secured for High Range PCA Offence in NSW Local Court
Our firm represented a young man in the NSW Local Court charged with High Range PCA under section 110(5) of the Road Transport Act 2013 (NSW) following a serious motor vehicle accident.
High range drink driving offences are treated seriously by the courts and commonly result in conviction, lengthy licence disqualification and, in some cases, imprisonment. Given the circumstances of the accident, our client faced a real risk of a harsher penalty.
Our approach focused on early preparation, rehabilitation and presenting a strong subjective case. A plea of guilty was entered at the earliest opportunity, and we prepared detailed sentencing submissions supported by character references, medical material and evidence of remorse.
We also relied on the NSW High Range PCA Guideline Judgment when addressing sentencing principles and the appropriate penalty. Following submissions, the Court dealt with the matter by way of a Conditional Release Order without conviction pursuant to section 9(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW). Importantly, our client avoided a criminal conviction, helping protect his future employment prospects and ability to move forward without a recorded conviction
Nick Hardy.
Understanding PCA penalties in New South Wales
Penalties for drink-driving offences in New South Wales vary based on a number of factors, the most important of which is your blood alcohol concentration at the time the offence occurred. This is called the Prescribed Concentration of Alcohol, or PCA range, which is divided into low, mid and high range readings.
2026 Drink Driving Penalties NSW
| Range | Licence
Suspension |
Penalty Fine | Maximum Court Fine | Interlock | Maximum Prison Term |
| Low Range PCA, Special & Novice – First Offence | 3 – 6 months | $704 | $2200 | No | – |
| Low Range PCA, Special & Novice – Subsequent Offences | 6 months – unlimited | – | $3300 | No | – |
| Mid Range PCA (0.08 -0.15)
First Offence |
6 months – unlimited | – | $2200 | Yes | 9 months |
| Mid Range PCA (0.08 -0.15) – Subsequent Offences | 12 months – unlimited | – | $3300 | Yes | 12 months |
| High Range PCA (Over 0.15)
First Offence |
12 months – unlimited | – | $3300 | Yes | 18 months |
| High Range PCA (Over 0.15)
Subsequent Offences |
24 months – unlimited | – | $5500 | Yes | 24 months |
| DUI – First Offence | 12 months – unlimited | – | $3300 | Yes | 18 months |
| DUI – Subsequent Offences | 24 months – unlimited | – | $5500 | Yes | 24 months |
| Drug Driving – First Offence | 3 – 6 months | $704 | $2200 | – | |
| Drug Driving – Subsequent Offence | 6 months – unlimited | – | $3300 | – |
Immediate suspension of your licence can occur with first offences for novice, special or low range drivers of upto 3 months, as well as having an on-the-spot fine issued. Mid and high range PCA and DUI offences carry heavy penalties. Getting early legal advice from a DUI and drink driving lawyer can have a significant impact on the outcome of your matter.
Case Study Summary - Assault Police Charge & Mid-Range PCA Dismissed, Community-Based Sentence Secured in Manly Local Court
In 2025, our firm represented a client in the Manly Local Court charged with mid-range PCA under the Road Transport Act 2013 (NSW) and assault police under section 60(1) of the Crimes Act 1900 (NSW).
The matter arose following a motor vehicle collision that caused significant property damage. Police also alleged our client assaulted an officer during the incident. Given the combination of offences and our client’s traffic history, there was a real risk of multiple convictions and a more serious sentencing outcome.
Our approach focused on early preparation, rehabilitation and presenting a strong subjective case. We prepared detailed sentencing submissions supported by medical evidence, character references, a letter of apology and evidence our client had completed the Traffic Offender Program prior to sentence.
Following submissions, the Court imposed a Community Correction Order for the PCA offence and dismissed the assault police charge without conviction pursuant to section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW).
Importantly, our client avoided a criminal conviction for the assault allegation and remained in the community without a custodial sentence.
Nick Hardy.
Alternative penalties for drink driving and DUI in New South Wales
If you are facing a drink driving charge in New South Wales, there may be alternatives to fines or licence suspension, depending on your circumstances.
Section 10 Dismissals
In New South Wales, Magistrates can issue a Section 10 Dismissal, which dismisses the charge, even when the offence is proven, resulting in no penalties or conditions – and no criminal record. Section 10 dismissals are generally used for low range offences or first-time offenders, or when the penalty would not be proportionate to the offence. The court will weigh up a number of factors including your character and previous criminal and driving history, as well as any contributing factors such as health issues.
Conditional Release Orders (CRO)
Another alternative penalty is a Conditional Release Order (CRO), which is similar to a Section 10 Dismissal, in that charges are proven but no conviction is recorded. The condition of release requires you to be on a good behaviour bond for two years, which may be supervised or unsupervised. There may be other requirements attached, such as drug or alcohol counselling, or rehabilitation. You will be able to drive and no conviction will be recorded when you successfully finish the CRO. Breaching a CRO can have serious consequences, and it can be withdrawn if it isn’t complied with. This may result in re-sentencing and immediate loss of your licence.
Alcohol Interlock Program
Another program in New South Wales is participation in an Alcohol Interlock Program, which is a breath-testing device installed in your vehicle. It prevents the engine from starting if alcohol is detected on the driver’s breath. Interlock programs generally run for a minimum of 12 months, but can be extended to upto four years. A successful completion program can demonstrate a commitment to responsible behaviour and may lead to reduced penalties or an earlier reinstatement of driving privileges. Failed breath tests during the interlock program will generally see the program extended.
Traffic Offender Intervention Programs
Education programs are available to people charged with drink-driving, with the goal of reinforcing the dangers of driving while affected by alcohol and promoting safe driving.
Participation in these programs is designed to increase awareness and are generally viewed in a positive light by the courts, which may potentially reduce the severity of penalties.
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Driver Knowledge Test
Drivers in New South Wales that are convicted of two drink driving offences in a five-year period must pass the Driver Knowledge Test before they can be licensed to drive again. This is the same test that unlicensed new drivers take before applying for a licence, and generally takes 4-6 hours online. You may also be required to complete a Driver Education Course or use the Alcohol Interlock Program.
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You can read more about options to help keep your licence in our article on Drink Driving Penalties. If you are unsure of potential outcomes for your matter, or have an upcoming court date, please get in touch with Nick Hardy today to have a confidential discussion about your matter.
Reviews from our clients
How We Can Assist
Drink Driving (PCA)
Being charged with drink driving (Prescribed Concentration of Alcohol, or PCA) is a serious offence in NSW. Penalties include disqualification, fines and possible imprisonment. We review police procedures, testing accuracy and evidence, and prepare a structured defence focused on reducing penalties or, where possible, avoiding conviction.
Driving Under the Influence (DUI)
DUI charges arise when police allege your driving was impaired by alcohol or drugs. These matters are treated seriously by the court. We examine the legality of the stop, observations and testing process, and build a clear defence strategy to challenge the charge or minimise consequences.
Mid Range Drink Driving
Mid range PCA offences (0.08 – 0.149) involve higher penalties, including longer disqualification periods and possible conviction. We prepare your matter carefully, reviewing all evidence and building strong submissions to reduce penalties, protect your record where possible, and present your circumstances clearly to the court.
High Range Drink Driving
High range PCA (over 0.15) is a serious offence with significant penalties, including lengthy disqualification and potential imprisonment. We take a structured approach to reviewing evidence, identifying any legal issues, and preparing detailed submissions to reduce penalties and present your case effectively in court.
Drug Driving
Drug driving offences are commonly detected through RMS roadside testing in NSW. Penalties include licence disqualification, fines and a criminal record. We assess the circumstances of your charge, identify any issues with testing procedures or evidence, and prepare submissions aimed at reducing penalties or seeking a non-conviction outcome where appropriate.
Driver Licence Appeals
Losing your licence can affect your work and daily responsibilities. We represent clients in Local Court licence appeals, preparing clear, persuasive cases to reduce or overturn suspensions. Our focus is on legal grounds and your personal circumstances to support licence restoration.
Drug driving in New South Wales
Drug driving offences in New South Wales can involve illicit drugs, prescription drugs and medicinal cannabis. Police regularly conduct roadside saliva testing across the state and drivers can be charged even if they do not appear impaired.
Roadside Mobile Drug Testing (MDT) in New South Wales screens for:
-
Cannabis (specifically THC)
-
Methamphetamine
-
MDMA (ecstasy)
-
Cocaine
Testing is not done for all drugs, or common prescription drugs such as painkillers, sedatives or anti-anxiety medications, but drivers can still face charges if police allege impairment. It’s also important to be aware that even if cannabis is prescribed for a medical reason, this is not a valid legal defence for impairment in New South Wales.
Case Study Summary - Severity Appeal Successfully Removes Conviction and Licence Disqualification in Nowra District Court
In 2025, our firm acted in a successful severity appeal before the Nowra District Court after a client was convicted and disqualified for driving whilst licence suspended second or subsequent offence under the Road Transport Act 2013 (NSW).
The matter was complicated by our client’s traffic history, prior record and the fact the Local Court had already imposed a conviction, fine and further licence disqualification. Police alleged our client drove while suspended due to demerit points and a separate drug-related suspension.
Our appeal strategy focused on fresh evidence addressing exceptional personal circumstances, including our client’s role as a single mother of three children, ongoing medical conditions, family law proceedings and the significant hardship licence loss would create in a regional area with limited public transport.
Following detailed submissions, the District Court allowed the appeal, quashed the conviction and disqualification, and imposed a section 10(1)(b) Conditional Release Order without conviction.
Importantly, our client kept her licence and was able to continue caring for her children and attending to their medical and educational needs.
Nick Hardy
Speak to Jones Hardy’s Drink Driving Lawyers Today
Facing a PCA drink driving, DUI or drug driving charge is treated seriously in New South Wales, with convictions ranging for loss of licence, heavy fines or even imprisonment. Our DUI and drink driving lawyers provide strategic defences suited to your matter, including advocating for non-conviction outcomes and challenging procedural and testing processes.
Frequently Asked Questions
What are the penalties for a first-time PCA offence?
Penalties for first time offences in New South Wales depend on your blood alcohol concentration and the type of licence you hold, as well as if it was your first offence. Penalties can include fines, licence suspension or disqualification, interlock orders or a criminal conviction. Lower range offences may occasionally be dismissed, or an on-the-spot fine issued. High range offences are treated seriously and can result in long-term licence disqualification, large fines or even imprisonment.
Can I refuse a breath test?
In New South Wales, refusing a breath test or failing to provide a breath sample when requested by police is a serious offence. Police have the ability to require roadside testing, and even, in some cases, blood or urine testing. Refusing a test can carry similar penalties to high-range drink driving offences, and even heavier penalties in some cases.
Is it possible to defend against a PCA charge?
Yes, there are multiple legal avenues to challenge a PCA charge, and not all charges result in a conviction. Valid legal and procedural defences will depend on your particular circumstances, but can include:
- Issues with roadside testing
- Incorrect procedures
- Faulty equipment or timing issues
- Disputed drivers
- Relevant medical, factual or other extenuating circumstances
Careful preparation of your matter can make a significant difference to the outcome of your matter, and obtaining early legal advice can mitigate the severity of associated penalties.
How long will my licence be suspended?
The length of licence disqualification will depend on the PCA range, whether it’s your first offence and how the matter is dealt with, in court, or with a fine. Lower range and first time offences can result in 3 months immediate suspension, while mid-range and high-range PCA’s can result in lengthy disqualifications and mandatory interlock orders.
What should I do immediately after being charged?
What you do early on can have a major impact on the outcome of your matter. Stay calm, comply with police directions where possible, and do not discuss the incident beyond any required details. After being charged with a PCA offence, it’s important to:
- Carefully read your Court Attendance Notice or suspension notice
- Do not drive if your licence has been suspended
- Write down what happened while you are still clear on the details
- Get legal advice as early as possible
- Start preparing any supporting documents, such as character references
Most importantly, do not plead guilty without understanding the full consequences and possible alternatives. Getting early advice helps you understand the charge, any available defences, and whether a non-conviction outcome or reduced penalty may be possible. You can learn more about the DUI legal process here, or get in touch with Jones Hardy Law today to speak with a trusted Sydney drink driving lawyer about your options and next steps.
What are the legal alcohol limits in NSW?
Learner and provisional drivers must have a 0.00 Blood Alcohol Content. Most full licence holders must remain under 0.05. PCA offences are categorised as low (0.05–0.079), mid (0.08–0.149) and high (0.15 and above), with increasing penalties at each level. You can learn more about how Blood Alcohol Content Readings work in our recent article.
What is meant by a novice range or special range offence in New South Wales?
Novice range applies to learner and provisional drivers with a BAC of 0.00–0.019. Special range applies to certain drivers, such as professional or heavy vehicle drivers, with a BAC of 0.02–0.049. Both carry fines and licence disqualification despite lower readings.
How does a high-range PCA differ from a low-range PCA in penalties?
High-range PCA carries substantially higher penalties, including longer disqualification periods, higher fines, mandatory interlock orders and possible imprisonment. Low-range PCA is less serious but still results in disqualification and a criminal offence unless the court grants a non-conviction outcome.
A high range PCA offence in 2026 may result in a maximum fine of $3300 (first offence), or $5,500 (second or subsequent offence), up to 18 months in prison (first offence), or two years (second or subsequent offence). Minimum licence disqualification can be 12 months (for a first offence) or 2 years (for a second or subsequent offence), with a maximum of unlimited time for both first and subsequent offenders. Alcohol interlocks will also be installed in both instances. You can find full details of drink driving penalties here.
Do you have an urgent matter?
Get immediate, practical legal guidance. If you’ve been served with court documents, face an imminent hearing, or need fast advice on a family, criminal, or traffic issue in NSW, call Jones Hardy Law.