Drink Driving

What is
Drink Driving?

A drink driving offence in New South Wales refers to the act of driving a motor vehicle while under the influence of alcohol, with a blood alcohol concentration (BAC) at or above the legal limit. It is a criminal offence under the Road Transport Act 2013 (NSW) and is treated seriously due to the risk it poses to public safety.

Drink driving offences are categorised based on the driver’s BAC:

  1. Novice Range (0.00 to 0.019)

    • Applies to learner, P1, P2 drivers, and unlicensed drivers.

  2. Special Range (0.02 to 0.049)

    • Applies to drivers with special licence conditions (e.g. professional drivers).

  3. Low Range (0.05 to 0.079)

  4. Mid Range (0.08 to 0.149)

  5. High Range (0.15 and above)

Drink driving impairs judgment, coordination, and reaction time, significantly increasing the risk of accidents. NSW has a zero-tolerance approach for certain drivers, and police conduct random breath testing (RBT) across the state to enforce compliance.

The Penalties of
Drink Driving

The penalties for drink driving depend on the BAC, whether it is a first or subsequent offence, and any aggravating circumstances (such as prior convictions or dangerous driving). The drink driving categories and penalties include:

Novice / Special / Low-Range (0.00–0.079 BAC)

First offence:

  • Fine: Up to $2,200

  • Licence disqualification: 3–6 months (or interlock order for 12 months)

  • Possible criminal conviction

Second/subsequent offence:

  • Fine: Up to $3,300

  • Disqualification: 6–9 months + interlock for 24 months

  • Criminal conviction

Mid-Range (0.08–0.149 BAC)

First offence:

  • Fine: Up to $2,200

  • Disqualification: 6–9 months (or interlock for 12 months)

  • Imprisonment: Up to 9 months

  • Mandatory interlock

Second/subsequent offence:

  • Fine: Up to $3,300

  • Disqualification: 9–12 months + interlock for 24 months

  • Imprisonment: Up to 12 months

High-Range (0.15+ BAC)

First offence:

  • Fine: Up to $3,300

  • Disqualification: 9–12 months + interlock for 24 months

  • Imprisonment: Up to 18 months

  • Criminal conviction

Second/subsequent offence:

  • Fine: Up to $5,500

  • Disqualification: 2 years or more

  • Imprisonment: Up to 2 years

  • Longer interlock period

In addition to fines, licence disqualification, and possible imprisonment, individuals convicted of drink driving may face several further consequences. These include the mandatory installation of an alcohol interlock device, which prevents the vehicle from starting if alcohol is detected on the driver’s breath. A conviction can also result in a permanent criminal record, which may impact future employment, travel, or licensing opportunities. Furthermore, those found guilty of drink driving often experience increased car insurance premiums due to their high-risk classification by insurers.

The Possible
Defence Strategies

Possible defence strategies for drink driving offences depend on the specific circumstances of the case, including how the offence occurred, the accuracy of testing procedures, and whether proper legal processes were followed by police. While drink driving is a strict liability offence, there are still several defences that may apply:

Challenge to the Breath Test Procedure

  • Arguing that police did not follow proper testing procedures, such as failing to conduct the test within two hours of driving or not using an approved testing device.

  • Challenging whether the accused was driving or in control of the vehicle at the time of the test.

“Home Safe” Defence

  • If the person was not driving on a public road (e.g. driving on private property), the law may not apply.

  • Or, if the person had ceased driving and was found in a stationary vehicle, it must be proven that they were intending to drive again.

Lack of Evidence

The prosecution must prove all elements beyond reasonable doubt. If there are flaws in the evidence (e.g. unclear time of driving, conflicting witness accounts), the charge may not hold.

Necessity or Duress

The accused may argue they drove under the influence to avoid serious harm, such as escaping immediate danger or responding to a medical emergency. This is rarely successful and must meet strict legal criteria.

At Sydney Defenders, our team has extensive experience representing clients in a wide range of traffic offences, including drink driving matters. Even in situations where a full legal defence may not apply, our experienced criminal and traffic defence lawyers work strategically to secure the best possible outcome. We carefully present mitigating factors such as a first offence, good character, or genuine remorse, and make strong submissions for leniency at sentencing. This can often result in favourable outcomes such as a Conditional Release Order (CRO) or even a non-conviction under Section 10 of the Sentencing Act, helping our clients avoid a criminal record and retain their licence where possible.