How to avoid a criminal conviction for a NSW drink or drug driving charge — the legal test, the 5-year bar, and how to build a genuinely persuasive application.
A Section 10 order, made under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), allows a magistrate to find that your offence is proven but decide not to record a conviction. For a drink or drug driving matter, this means no conviction, no fine, and no licence disqualification.
| # | Criterion | What Courts Look At |
|---|---|---|
| (a) | Character & background | Prior record, employment, community ties, family responsibilities, age and health |
| (b) | Trivial nature of the offence | Reading level, circumstances of driving, risk posed to others |
| (c) | Extenuating circumstances | Genuine reasons behind the offending, e.g. a real emergency |
| (d) | Any other proper matter | Employment or visa consequences, dependants, hardship |
These four factors are applied disjunctively, not cumulatively — meeting just one strongly can be enough to persuade a court, according to established NSW case law.
Under section 203 of the Road Transport Act 2013, you cannot receive a second Section 10 for an "applicable offence" — including drink driving, drug driving, DUI, and related offences — within 5 years of receiving one previously. Check your history carefully before relying on this option.
| Offence | Section 10 Prospects |
|---|---|
| Low Range PCA | Best prospects — especially first offence with strong references |
| Mid Range PCA | Possible but harder — interlock still applies if convicted |
| High Range PCA | Very rare — guideline judgment restricts use |
| Drug Driving | Available — same general criteria apply |
A Section 10 is never automatic — it must be argued with real evidence. We help you prepare a genuine, well-documented submission addressing every relevant factor.
A Section 10 order under the Crimes (Sentencing Procedure) Act 1999 lets a court find your offence proven but dismiss it without recording a criminal conviction, fine, or (for driving offences) licence disqualification.
Section 10(1)(a) is an outright dismissal with no conditions. Section 10(1)(b) dismisses the charge conditional on you entering a good behaviour bond or Conditional Release Order (CRO), typically for up to 2 years. Section 10(1)(c) dismisses the charge conditional on you completing a program, such as a Traffic Offender Intervention Program.
Under section 10(3), the court considers your character, antecedents, age, health and mental condition; the trivial nature of the offence; any extenuating circumstances; and any other matter it considers proper. Courts have confirmed these factors work disjunctively — satisfying just one can be enough.
Yes. Under section 203 of the Road Transport Act 2013, you cannot receive a Section 10 for an 'applicable offence' (including drink driving, drug driving, and DUI) if you have already received a Section 10 for such an offence within the previous 5 years.
Low Range PCA offers the best prospects, particularly for a genuine first offence with strong references. Mid Range PCA is possible but harder. High Range PCA is very rare due to a NSW Supreme Court guideline judgment restricting its use to exceptional cases.
No. If the court deals with your matter under Section 10, Transport for NSW cannot record demerit points against you for that offence.