Getting pulled over for drink driving in Sydney is serious. One mistake can feel like your life is turned upside down. The consequences go beyond the fine or loss of licence – it can also impact your job, travel and future opportunities. This is where Ainsley Law’s drink driving lawyers in Sydney step in. We understand every part of the system and know exactly how to defend your rights.
Many people find themselves in this position each year. We understand how stressful the situation is. But those with strong legal support often walk away with better outcomes—less stress, shorter suspensions, and fewer surprises in court.
Know the Law Before It Knows You
Drink driving charges in New South Wales fall under the Road Transport Act 2013. The penalties aren’t soft—they get worse depending on your blood alcohol concentration (BAC):
- Novice range: 0.00 to 0.019
- Special range: 0.02 to 0.049
- Low range: 0.05 to 0.079
- Mid range: 0.08 to 0.149
- High range: 0.15 and above
Each level triggers different punishments. Even a low-range charge can lead to a suspension and a fine. In very serious cases people have been sent to gaol.
It’s important to prepare carefully for your case. Sydney’s drink driving court process explained breaks the process this down in detail.—it’s not as simple as just showing up and saying sorry.
Why You Shouldn’t Face Court Alone
Facing a magistrate without legal help is like trying to do surgery on yourself. You’re probably not trained for it. You won’t know the rules. Saying the wrong thing can lead to a worse outcome.
Even a basic case benefits from legal defence. Lawyers:
- Review police actions to check if protocols were followed
- Explain what the charges mean and what you’re facing
- Represent you clearly and firmly in court
People often ask whether they really need legal help. In most cases, whether you should get a lawyer for a drink driving offence comes down to risk—what you could lose and how much support you need to avoid it.
What Makes a Great Drink Driving Lawyer?
Not all lawyers handle traffic matters well. You want someone who knows this area back to front, who’s been in courtrooms across NSW and has handled everything from first-time offences to complex repeat cases.
Here’s what separates the good from the great:
- They’ve got clear results from past drink driving defences
- They stay calm under pressure in court
- They know the magistrates and how different courts operate
- They explain every step so you feel in control
Choosing to hire an experienced drink driving lawyer in Sydney could be the best decision you make after being charged.
First Offence? You Still Need Help
Getting charged for the first time often makes people feel ashamed—but also a bit hopeful. They think, “Surely the court will go easy on me.” That’s not always true.
The courts take even first time offences seriously and the default is to usually impose a conviction, fines and loss of licence. I have seen many cases where a person expecting to be let off lightly results in a worse outcome. The magistrate can misinterpret their inexperience in expecting too lenient an outcome as evidence that they aren’t taking the case seriously enough.
Having a lawyer helps you understand the the likely range of penalties.The lawyer’s experience also means they know how to tactfully and carefully push for the best result possible.
Repeat Offender? The Stakes Are Higher
Getting charged again is serious. Coming to court for a second, third or more time usually results in higher penalties as the magistrate is concerned they need to ‘send a message’ to deter further offences.
This is a situation where having a lawyer is important. We can:
- Check that the police have followed their procedures and identify possible defences
- Guide you in what steps to take before your court date to reduce the penalties, such as rehabilitation courses and evidence to support your plea
- Raise mitigating factors in court to convince the magistrate that a reduced penalty is appropriate
With proper preparation we have been able to achieve excellent results even for repeat offenders. Showing the magistrate that you’re serious about rehabilitation can mean the difference between jail time or not.
What Happens After You’re Charged?
Police issue you a Court Attendance Notice (CAN) once they lay charges. The CAN outlines your offence, where and when to appear, and the laws you’ve allegedly broken.
Here’s what to do next:
- Call a lawyer right away
- Be honest about the incident with your legal team
- Start thinking about what factors contributed to the incident and what your main concerns are. Knowing these things helps your lawyer tailor our approach to your case and get you the best outcome.
- Start thinking about who could be a good character referee for you. At this stage just ask them if they’re willing to provide a letter. Your lawyer will provide further guidance about what the letter should include once we know more about your case.
- Consider enrolling in a traffic offender program. Speak with your lawyer first about what program best suits your case. We will be able to recommend the best program provider for you.
Act fast. Early action gives your defence team more to work with—and more time to get the best outcome.
How Courts Decide Outcomes
Magistrates weigh up many factors before deciding your penalty. These include:
- Your BAC level
- Driving record and age
- If there was anything objectively bad about your manner of driving vs being stopped for an RBT.
- Work or family impacts
- Steps taken since the offence (like rehab or courses)
This is where a skilled lawyer makes a big difference. They present facts clearly and focus on what the court values—insight, change, and community impact.
Someone supporting a family or who needs to drive for work may receive a reduced sentence or avoid conviction, if the argument is strong and evidence solid.
FAQs
1) Can I avoid a conviction for drink driving?
Sometimes you can—but unfortunately it’s not the usual outcome and is only possible in specific situations. In NSW, a Section 10 (finding of guilt without imposing the conviction) is an option available to the court. The court considers things like the seriousness of your offence, your driving history, the impact of a conviction on your work or visa, and what you’ve done since the incident. If your case is one where a non-conviction might be possible, good legal representation can boost your chances by framing your situation in the most favourable light. The lawyers at Ainsley Law will give you honest advice about whether a section 10 could be possible in your case.
2) What are the penalties for high-range drink driving?
First-time offenders can face up to 18 months in jail, lose their licence for at least 6 months, and get hit with up to $3,300 fine. There’s also a 2-year interlock requirement. A repeat offence is facing up to 2 years in jail, at least 9 months loss of licence and a fine of up to $5,500.
3) Do I need to go to court for a low-range offence?
This depends on how police choose to handle your case. Police can choose to send your case straight to court, but in most cases the police will issue a penalty notice. This means you can choose to pay the fine and accept the licence suspension without going to court.
If you want to dispute the allegation or seek more lenient penalties then you can choose to take the case to court. It’s very important that you speak with a lawyer first as there are a few different ways to take the case to court (e.g. court elect the penalty vs appealing the suspension only) and each gives the magistrate different options and also carry different risks.
4) What will a drink driving lawyer cost in Sydney?
The cost of your case will depend on the complexity of the work involved. At Ainsley Law we value being transparent and upfront. We understand the importance of our clients knowing exactly how much their case will cost from the beginning. This is why we offer fixed fees for most of our drink driving cases. We can provide a quote for your case after a short initial discussion.
Don’t Let One Mistake Define You
You made a mistake. Now it’s time to fix it. A drink driving charge can shake up your world—but it doesn’t have to control your future. Whether you’re facing your first charge or dealing with a repeat offence, your next step matters most.
If you’re serious about moving forward with confidence, don’t wait. Ainsley Law has the experience, the strategy, and the results to back you up—start taking back control today.
Please call us today at 0416 224 601 or leave an enquiry.
