Drink Driving Lawyers Sydney

Drink Driving Offences We Defend

Drink driving is a criminal offence under the Road Transport Act 2013 (NSW), not merely a traffic infringement. A conviction can affect your licence, your employment, your travel and your professional standing. Charges are categorised by your Prescribed Concentration of Alcohol (PCA) reading, which determines the penalties you face.

• Novice Range (0.00 to 0.019): Applies to Learner and Provisional (P1/P2) drivers, who must maintain a zero blood alcohol limit.
• Special Range (0.02 to 0.049): Applies to special category drivers, including taxi, bus and heavy vehicle drivers.
• Low Range (0.05 to 0.079): The most common charge for fully licensed drivers.
• Mid Range (0.08 to 0.149): A serious offence that triggers a mandatory interlock order on conviction.
• High Range (0.150 and above): The most serious PCA offence, carrying a real risk of a custodial sentence.

Penalties and Disqualification Periods

The table below outlines the maximum penalties and disqualification periods for PCA offences where an interlock order is not made (for example, Low Range, or where an interlock exemption is granted).

For all Mid Range, High Range, and repeat drink driving offences, the Mandatory Alcohol Interlock Program applies. The penalty is split into a shorter disqualification period followed by a mandatory period where you can only drive a vehicle fitted with an interlock device.

For full detail on eligibility, cost, and how the mandatory program is administered, see our dedicated Alcohol Interlock Program NSW page.

Driving Under the Influence (DUI)

DUI is a separate charge from PCA. It's used when police can't obtain a scientific breath or blood reading, but observe physical signs of severe intoxication, such as erratic driving, slurred speech or an inability to stand. DUI charges are less common than PCA charges in practice, since police generally prefer the certainty of an instrument reading where one is available. DUI still carries penalties equivalent to High Range PCA and is treated exceptionally seriously by the courts.

Legal Issues and Defences

A positive breath test doesn't automatically mean you'll be convicted. We scrutinise the police brief of evidence to identify procedural errors or viable defences:

Possible Outcomes: Section 10 and CROs

If you plead guilty, our primary goal is often to secure a non-conviction outcome. Under Section 10 of the Crimes (Sentencing Procedure) Act, a court can find you guilty but dismiss the charge without recording a conviction or imposing a disqualification, or impose a Conditional Release Order (CRO) without conviction. Achieving this takes careful preparation - a Traffic Offender Intervention Program (TOIP) certificate alone rarely moves the needle; it's usually the combination with genuine, specific character references that persuades a court.