Being charged with drink driving in Sydney can feel like the world’s caved in. It’s not just a fine or a court date. It can mean losing your licence, your job, and your peace of mind. If you or someone close has been hit with a drink driving offence, the steps you take next can shape what happens for months or years. This guide walks through the legal process, what penalties to expect, possible defences, and how to make smart decisions during a stressful time.
If you’re in this boat, your best bet is to speak with drink driving lawyers in Sydney. They know the courts, the magistrates, and how to help reduce the blow.
Understanding the Charges: What Does Drink Driving Really Mean?
In New South Wales, drink driving isn’t just one single charge. It’s a group of offences based on how much alcohol is in your blood, or your Blood Alcohol Concentration (BAC). The higher the BAC, the more serious the offence.
Here are the main types of drink driving charges:
- Novice Range: Any alcohol for a learner or provisional driver
- Special Range: Low BAC but for those under licence conditions
- Low Range: 0.05 to 0.079 BAC
- Mid Range: 0.08 to 0.149 BAC
- High Range: 0.15 and above
Each comes with different penalties. Some are handled on the spot. Others require a court appearance. For example, a Low Range offence might just get a fine and a 3-month suspension. A higher level charge, though, can bring jail time in serious cases.
Courts also look at your past. Have you done this before? Was there a crash? Was anyone hurt? These factors matter and can push a lighter penalty into something worse.
If you’re pleading guilty, it’s smart to know what to expect when you plead guilty to drink driving.
Court Process: What Happens After You’re Charged?
After a drink driving charge, your first court date is usually listed on your charge sheet. It will be at the Local Court nearest where you were charged.
Here’s what you can expect:
- You’ll be asked to plead: guilty or not guilty
- If guilty, the court can move to sentencing on that day or adjourn the case to give you more time to prepare
- If not guilty, a hearing date is set later
During sentencing, the court looks at a range of factors, including:
- Your BAC level
- Whether it’s your first offence
- Your driving history
- Any damage or harm caused
- Your personal circumstances and need for your licence
- Steps you’ve taken since, like rehab or counselling
The outcome can include fines, licence suspension, interlock devices, community service, or even jail. A conviction can also go on your record, which affects jobs, visas, and insurance. Want to know whether you’ll get a criminal record for a PCA offence? It depends, and the court decides case by case.
Common Defences for Drink Driving
Not every charge leads to a conviction. There are legal defences that can help, depending on your case.
Here are some of the more common defences:
- Faulty breath test: The device used to test BAC wasn’t working properly or wasn’t used correctly.
- Rising alcohol defence: You drank just before driving, and your BAC was still going up. If you were under the limit when driving, but over it by the time of testing, you may have a case.
- No proper procedure: Police must follow strict steps. If they mess up, the case can fall apart.
This doesn’t mean every case has a defence. But a good lawyer can spot what police or the system missed. Check out defences for drink driving charges in NSW for more examples.
The Impact on Your Driver’s Licence
The biggest blow for most people is losing their licence. For a lot of us, driving is key to work, family, and daily life.
Here’s how licence suspensions usually play out:
- On-the-spot suspension: Police can suspend your licence right away.
- Court-ordered disqualification: If convicted, you will lose your licence for months or years.
- Interlock orders: You may have to install an interlock device. This is a breath tester in your car. You blow into it before the car starts.
If driving is your livelihood—like a tradie, courier, or truckie—this can hit hard. Some people ask the court for a section 10 dismissal, which avoids a conviction. It’s not often granted, but in some cases it can help keep your licence.
Fines, Convictions and Criminal Records
Let’s break down what you could be looking at, penalty-wise in court:
- Low Range:
- For a first offence:
- Fine of up to $2,200
- Automatic licence disqualification period of 6 months, which can be reduced to a minimum 3 months
- For a second or subsequent offence:
- Fine of up to $3,300
- DIsqualification period of between 1-3 months
- Minimum 12 months on interlock program
- For a first offence:
- Mid Range:
- For a first offence:
- Fine of up to $2,200
- Up to 9 months imprisonment
- Disqualification period of 3-6 months
- Minimum 12 months on interlock program
- For a second or subsequent offence:
- Fine of up to $3,300
- Up to 12 months imprisonment
- Disqualification period of 6-9 months
- Minimum 24 months on interlock program
- For a first offence:
- High Range:
- For a first offence:
- Fine of up to $3,300
- Up to 18 months imprisonment
- Disqualification period of 6-9 months
- Minimum 24 months on interlock program
- For a second or subsequent offence
- Fine of up to $5,500
- Up to 2 years imprisonment
- Disqualification period of 9-12 months
- Minimum of 48 months on interlock program
- For a first offence:
A skilled and experienced traffic lawyer can advocate for your penalties to be on the lowest end.
A conviction can also be a significant issue. It can affect:
- Job applications
- Overseas travel
- Insurance premiums
- Licences or security checks
In short, a drink driving conviction sticks with you. The best way to avoid one? Good legal advice, early.
Case Study: Jake’s Story*
Jake, a young man from Sydney in his twenties, was charged with Mid Range drink driving after a night out. He was pulled over for a random breath test by police who saw him driving. It was his first offence. He was starting his career and a conviction would seriously impede his future opportunities.
He hired Ainsley Law, who helped gather character references and other evidence showing the impact of a conviction. Jake completed the traffic offenders’ program. At court, Jake pleaded guilty, but with support letters and proof of steps taken, the Judge gave a conditional release order with no conviction.
Jake’s story shows the power of showing remorse, getting help, and having a solid defence team behind you.
* Name changed for privacy
Interlock Devices: What You Need to Know
NSW uses Alcohol Interlock Program for most PCA cases. This means you install a breath tester in your car. If you blow over 0.00, your car won’t start.
Here’s how it works:
- You pay for the device and its upkeep
- You blow into it before starting your car
- It records data, sent back to the program operator
- Fail the test? It’s logged and may be reported to Transport for NSW
These programs usually run for 12 months or more and can be inconvenient and costly.
The default position is that people convicted of most PCA offences are expected to participate in the interlock program. There are some circumstances where the magistrate can grant an exemption from the program, but the trade off is usually a longer disqualification period.
If interlock will cause problems for you, it is a good idea to speak with your lawyer about the pros and cons of applying for an exemption.
Traffic Offender Programs: A Real Option
Completing a Traffic Offender Intervention Program (TOIP) can help reduce the penalties you receive for a drink driving case. .
These are education courses cover a range of road safety related topics, including :
- Alcohol and drug effects
- Impact of speeding, fatigue and driver distraction
- Crash stats
- Victim stories
The course can be completed online or in person.
Courts like to see you’ve done this before sentencing. It shows you’re taking the offence seriously. Some courts even reduce penalties when someone completes a TOIP.
You don’t need to wait for court. You can sign up and start right away. The team at Ainsley Law can refer you to the best program for your circumstances.
Drink Driving and Employment Risks
A lot of people don’t realise how a conviction can mess with their job. If you need a car, ute, or truck for work, a licence loss hits hard. But it goes deeper.
Some employers:
- Do background checks
- Ask about licence status
- Require regular driving history checks
A conviction can also impact some workplace insurances, security clearances and other accreditations.
If you are worried about the impact of a conviction and licence disqualification, speak with one of our lawyers at Ainsley Law. They will provide honest advice about your options.
FAQs
1) Can I drive after being charged with drink driving?
Sometimes you can. If police haven’t suspended your licence on the spot, you may be allowed to drive up until your court date. That’s assuming your licence is still valid. However, for serious charges like mid or high range offences, NSW police usually issue an immediate licence suspension.
Still unsure? Call a lawyer before you start the car. Getting caught driving while suspended is worse than the original offence.
2) Will I lose my job over a drink driving conviction?
It depends on your job. If driving is a core part of your work, a licence loss can end your role. Some industries also require a clean criminal record. That includes government, security, teaching, and transport.
But not all hope is lost. Many employers look at the bigger picture—your history, attitude, and how you’re handling it. Talk to your boss early. Don’t hide it. In some cases, a section 10 dismissal can help you avoid a conviction, which protects your job options.
3) Is it worth hiring a lawyer for a drink driving charge?
Yes. Even for first-time or low-range offences, a lawyer can help reduce fines, keep your licence, or avoid a conviction. They know what to say in court, how to build a strong case, and when to push for alternatives like interlock or diversion programs.
Don’t guess or go it alone. A mistake in court can cost you much more than legal fees.
4) What’s the difference between a PCA and DUI in NSW?
PCA means “Prescribed Concentration of Alcohol.” It’s based on your blood alcohol level measured by a breath test. DUI (Driving Under the Influence) is broader and does not rely on obtaining a BAC reading. It is based on the police officer’s observation that you were affected by alcohol or drugs.
PCA charges are more common because they rely on clear test results.
5) Can I get off a drink driving charge if I didn’t know I was over the limit?
Not usually. In NSW, saying “I didn’t know” doesn’t normally cut it as a defence to drink driving.
However, there are some limited exceptions, e.g. if your mistake was both honest and reasonable such as where the person’s drink was spiked. If you think you might fall into one of these rare cases, we recommend speaking with one of our lawyers.
Protect Yourself, Your Licence and Your Future
Drink driving is serious. But it doesn’t have to ruin your life. With the right advice and a proactive mindset, you can move forward. The court looks at your choices—before and after you’re charged. So don’t wait. Prepare well, get good legal help, and take control of your outcome.
Need help? Visit Ainsley Law to talk with legal experts who know how to fight for the best result in drink driving cases.
Please call us today at 0416 224 601 or leave an enquiry.
