Being charged with drink driving can feel overwhelming, especially if it is your first offence. You might be unsure about what happens next, how the court process works, or what you can do to protect your licence. In New South Wales, the penalties and procedures depend on factors such as your blood alcohol concentration (BAC) and whether you are a learner or provisional driver. Knowing the right steps to take from the start can make a real difference to the outcome. This guide explains what to do after a drink driving charge in NSW, using plain English and practical advice for anyone facing this situation, including those in the Hills District and Western Sydney.
Understand Your PCA Charge
Drink driving charges in NSW are based on your Prescribed Concentration of Alcohol (PCA). Police measure your BAC, and the result determines which category your offence falls into. The categories are:
| Range | BAC Level | Who It Applies To |
|---|---|---|
| Novice range | 0.00 – 0.019 | Learner and P-plater drivers (zero alcohol limit) |
| Low range | 0.05 – 0.079 | Full licence holders |
| Mid range | 0.08 – 0.149 | All drivers |
| High range | 0.15 and above | All drivers |
| Driving Under the Influence (DUI) | Any BAC if impairment is evident | All drivers |
If you are a learner or provisional driver, you must have a zero alcohol limit at all times. Police can also charge you with combined alcohol and drug offences if you are over the alcohol limit and test positive for drugs. Penalties for combined offences are much higher, so it is important to know exactly what you are facing.
Immediate Steps After Being Charged
Once police charge you with drink driving, the process can go one of two ways depending on the seriousness of your reading and your driving history.
Check if You Received an On-the-Spot Infringement
For first-time offenders with a BAC in the low, novice, or special range, police may issue an on-the-spot fine and immediate licence suspension instead of requiring you to go to court. In that situation, you must not drive during the suspension period. Once the suspension ends, you do not need to reapply for your licence unless there are other issues. The current penalties for a first offence are:
- Low range (0.05–0.079): $561 fine and 3-month licence suspension
- Mid range (0.08–0.149): $1,100 fine and 6-month licence suspension
- High range (0.15+): $2,200 fine and 12-month licence suspension
If you believe the suspension is wrong or unfair, you can appeal an immediate licence suspension at the Local Court within 28 days of receiving notice. You need to act quickly to be able to preserve your rights and get on the road.
Check if You Received a Court Attendance Notice
You may have received a small Field Court Attendance or paperwork instead of an infringement notice, there will be a heading at the top of the paper to indicate which is which, another way to tell is if a court date is given to attend court. Do not ignore the notice. Missing court can lead to a warrant for your arrest and additional penalties. If you have a CAN, you should speak to a lawyer as soon as possible to prepare your case.
Why Getting a Lawyer Early Matters
Having a drink driving lawyer on your side from the beginning can significantly improve your options. In NSW, experienced traffic lawyers can help in several ways:
- Section 10 dismissal – Under section 10 of the Crimes (Sentencing Procedure) Act 1999, a court can dismiss the charge without recording a conviction. This means no criminal record, no loss of licence, and no fine. Section 10 dismissals are most commonly granted in low-range first offences where the driver has no prior criminal or traffic history. Getting a lawyer early improves your chances of presenting the strongest possible case for a section 10 outcome.
- Challenging the reading – It may be possible to defend a PCA charge by challenging the breath analysis reading. An expert can argue that your BAC at the time of driving was lower than the result recorded at the police station. Your lawyer can arrange for a pharmacologist to provide evidence if appropriate.
- Alcohol Interlock Program – Mid and high-range offences require mandatory participation in the Alcohol Interlock Program before you can return to driving. The minimum interlock period is 12 months for a first mid-range offence and 24 months for a first high-range offence. A lawyer can explain the costs and requirements, including installation and monthly monitoring fees, and help you navigate the application process.
There is not a defence of Honest and reasonable mistake. It does not matter if you believed you were under the limit and/or had reasonable grounds for that belief, this offence is what is classed at an offence of ‘strict liability’.
If you live in the Hills District, North-West Sydney or Western Sydney, having a local lawyer who knows the local court, such as Parramatta, Windsor or Blacktown Local Court, can be an advantage. They understand the local practices and can often secure better outcomes, including reducing the period of disqualification or avoiding a conviction altogether.
What Happens in Court
If you are required to attend court, the process usually follows this timeline:
- First court date – You appear before a magistrate. Your lawyer can ask for an adjournment to prepare your case or to obtain character references and a traffic offender program certificate.
- Plea – If you plan to plead guilty, your lawyer will present mitigating factors and argue for a section 10 dismissal or a reduced penalty. If you are defending the charge, a hearing date will be set.
- Sentencing – The magistrate decides the penalty. For low-range first offences, the maximum fine if the case goes to court is $2,200 and disqualification of 3 to 6 months. The court also imposes the Alcohol Interlock Program for mid and high-range offences. The court may also record a conviction, which does not happen with an infringement notice.
Even if you have already received an infringement notice, it is still possible to have the matter heard in court by choosing to contest it or by appealing the suspension within 28 days. Always check with a lawyer before deciding whether to pay the fine or request a court hearing.
Frequently Asked Questions Drink Driving
Can I still drive while waiting for my court date?
If police issued an immediate licence suspension at the roadside, you cannot drive during the suspension period. If you were given a Court Attendance Notice without a suspension, you can generally drive until your first court date. If you are unsure, you need to check with Transport NSW to ensure that you are able to drive. If you drive whilst suspended this is a further additional charge up to $3,300 and a potential 6 months imprisonment for a first offence.
Will a drink driving charge affect my job?
A recorded conviction can affect employment, especially if you drive for work or hold a professional licence. A section 10 dismissal (no conviction) means the charge is not recorded as a criminal conviction. Many employers ask about criminal records, and a conviction may be disclosable to professional regulators depending on your industry. A lawyer can advise on how to minimise long-term effects.
How long does a drink driving conviction stay on my record?
If a conviction is recorded, it generally remains on your criminal record indefinitely in NSW. However, for certain purposes, the period after which it may be considered “spent” varies, generally it is a period of 10 years in NSW. The exact duration depends on the offence and your age at the time. It is best to check with your lawyer or the NSW Police for your specific situation.
Can I refuse a breath test?
Refusing a breath or blood sample is itself a drink driving offence in NSW and carries penalties similar to high-range drink driving. You are required by law to provide a sample when directed by police. Refusing can lead to a fine, licence suspension, and mandatory interlock conditions.
Facing a drink driving charge in NSW is serious, but you do not have to handle it alone. By understanding your PCA range, acting quickly to preserve your licence, and getting legal advice early, you give yourself the best chance of a fair outcome. Whether you live in Bella Vista, Castle Hill, Blacktown, or Parramatta, Windsor, Hawkesbury or greater Sydney a Catron Simmons Lawyers can guide you through the process and work to protect your driving record and your future.