BAC limits, PCA offences, drug driving charges, penalties, licence suspensions, and the Section 10 dismissal — all explained in plain English so you know exactly where you stand.
Select the offence or area of law that applies to your situation
First and most common drink driving offence. Automatic fine and 3-month immediate suspension.
→More serious offence with court-imposed disqualification, potential interlock requirement.
→Most serious PCA range. Guideline judgment applies. Interlock mandatory. Largest penalties.
→Learner and P-plate drivers face a zero alcohol limit. Any reading above 0.00 is an offence.
→Roadside saliva test detects THC, MDMA, methamphetamine. Presence alone is an offence.
→Charged with both a PCA offence and a drug offence simultaneously — harsher penalties apply.
→Full breakdown of fines, maximum terms, and minimum disqualification periods by offence range.
→How the mandatory interlock works, which offences trigger it, and how to get your licence back.
→When a magistrate finds an offence proven but dismisses without recording a conviction.
→Police can suspend your licence on the spot. What to expect before and at your court date.
→Minimum and maximum disqualification periods — first vs subsequent offenders, all ranges.
→Second and subsequent offences carry significantly harsher disqualification periods and penalties.
→First offences only — second and subsequent offences carry higher penalties and longer bans
| Offence | Range | Max Fine | Min Disqualification | Interlock |
|---|---|---|---|---|
| Low-Range PCA (0.05–<0.08) | Low | $2,200 | Automatic 3 months (court sets from 3 months) |
Not required |
| Mid-Range PCA (0.08–<0.15) | Mid | $2,200 or 9 months imprisonment |
6 months minimum | Possible |
| High-Range PCA (0.15+) | High | $3,300 or 18 months imprisonment |
6 months minimum | Mandatory |
| Drug Driving (Presence) | Drug | $2,200 | Automatic 3 months | Not required |
| Refuse Breath/Blood Test | Serious | $3,300 or 18 months imprisonment |
6 months minimum | Mandatory |
* Penalties stated are maximums for first offences heard in NSW Local Court. Actual outcomes depend on BAC reading, criminal history, mitigating factors, and the magistrate's discretion. This is general information only — not legal advice.
Most drink and drug driving matters in NSW are heard in the Local Court. Here's what typically happens from charge to sentence.
Police issue a court attendance notice and usually suspend your licence on the spot (low-range may receive an infringement notice instead).
Your matter is listed at the Local Court. You appear before a magistrate — usually 6–12 weeks after the charge. You can appear on your own behalf.
You enter a guilty plea. The magistrate reads the facts sheet provided by police. This is your opportunity to address the court in mitigation.
The magistrate considers your submissions, character references, and circumstances before imposing a penalty — fine, disqualification, conditional release order, or Section 10 dismissal.
If an interlock was ordered, you complete the interlock period before your full licence is restored. Traffic Offender Programs can also be completed before court to strengthen your case.
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