If you’ve been charged with drink driving in Sydney, chances are you’re feeling overwhelmed. It’s not just about the fine or the court date — it’s what comes next. Will you lose your licence? What does this mean for your job, your family, or even your mental health? These are all valid concerns, and the good news is, you’re not alone.
Many people who find themselves in this position aren’t criminals — they’re regular people who made a mistake. And that’s exactly the kind of situation that the team of drink driving lawyers in Sydney at Ainsley Law deals with every day.
Let’s break down what the penalties are, what factors influence your case, and what options you might have to move forward.
How serious are drink driving penalties in NSW?
In NSW, drink driving is treated seriously — and rightly so. But the penalties aren’t one-size-fits-all. They’re based on several factors, including how high your blood alcohol content (BAC) was, whether it’s your first offence, and if there were any aggravating circumstances (like an accident or children in the car).
Here’s a general breakdown of how penalties vary:
- Low-range (0.05 to 0.079 BAC)
- First offence: Fines up to $2,200
- Licence disqualification (3 to 6 months)
- Interlock device requirement for some drivers
- Mid-range (0.08 to 0.149 BAC)
- Fines up to $2,200
- Automatic licence disqualification
- Possible jail time (up to 9 months for a first offence)
- Mandatory interlock participation
- High-range (0.15+ BAC)
- Higher fines (up to $3,300)
- Longer disqualification periods
- Increased likelihood of imprisonment
- Interlock mandatory for longer
To understand drink driving charges in NSW and how they’re handled, context matters. As we can see above, a first-time, low-range offence is treated very differently to a repeat, high-range one.
Factors that influence your penalties
It’s important to remember that the penalties aren’t just based on the numbers. The court looks at your full story. That includes your driving history, how you cooperated with police, and whether you’ve shown genuine remorse or taken proactive steps (like completing a Traffic Offender Program).
Some things that might help reduce penalties include:
- No prior driving offences
- Clean criminal record
- Strong character references
- Evidence of hardship (such as job loss if you can’t drive)
- Completion of counselling or education programs
Courts also weigh the risks. If there was a crash involved or if children were in the car, you’re likely looking at more severe outcomes. Understanding the different types of drink driving offences and their consequences can help you better prepare for what’s ahead.
Is it possible to keep your licence?
In some cases, yes — but it depends. If you’re eligible, the court may consider a Section 10 order, which means no conviction is recorded. This can sometimes help you avoid licence disqualification altogether, although it’s not guaranteed.
Courts won’t automatically hand out leniency, so your best chance of getting your licence back sooner, is to come prepared with the right legal support and evidence. If you’re facing disqualification, it’s worth understanding how to avoid licence disqualification for drink driving before stepping into court.
What is an interlock order and how does it work?
For many drink driving offences in NSW, an interlock order is mandatory. That means once your disqualification period ends, you’ll be required to install an alcohol interlock device in your vehicle. You need to blow into it before the car will start — and it will keep testing you at random while you drive.
The interlock program can be frustrating, but it’s also an opportunity. Participating in the program reduces the length of your disqualification, getting you back on the road sooner.
The duration of the interlock period depends on your offence. For example:
- Mid-range offences: 12-month minimum
- High-range offences: 2 years minimum
Missing interlock requirements can lead to licence suspension, so it’s important to understand how it works from day one.
What is a Section 10, and can it apply to your case?
A Section 10 is a provision in NSW law that allows the court to dismiss a charge without recording a conviction. It’s not a get-out-of-jail-free card, but it can help in certain circumstances — especially for first-time, low-range offences.
To be granted a Section 10, you’ll generally need to:
- Show strong character references
- Demonstrate remorse
- Provide medical or psychological reports if relevant
- Show participation in a Traffic Offender Program
While not common for mid or high-range charges, it’s not off the table. It all comes down to preparation and legal strategy and the facts of your matter.
How a lawyer can help protect your future
If you’re facing a drink driving charge, the legal system can feel like a maze. An experienced lawyer does more than just stand next to you in court — they’ll help you understand your options, prepare evidence, draft submissions, and fight for the best possible outcome.
Here’s what a good lawyer will usually do:
- Review the police fact sheet for inconsistencies
- Check the accuracy of BAC readings
- Collect character evidence
- Represent you during sentencing or negotiations
It’s not about ‘getting you off’ — it’s about making sure the court sees the full picture. The right legal support can make a big difference to the outcome and to your peace of mind.
Are the penalties different for truck drivers or professional licence holders?
Yes — in fact, the stakes are even higher. Heavy vehicle drivers and those holding professional driving authorities are held to stricter standards.
For example:
- BAC limits are lower (0.02 or zero in some cases)
- A single offence can lead to loss of job and commercial licence
- Courts are less likely to show leniency
If you’re a driver for work, it’s critical to get specific legal advice, because a conviction could impact not just your licence but your livelihood.
What happens if you refuse a breath test?
Refusing a breath test is not a loophole — in fact, the penalties are usually harsher than if you’d just taken the test. The law treats refusal seriously because it undermines the system.
Penalties may include:
- Immediate licence suspension
- Large fines (up to $3,300)
- Interlock program participation
- Possible jail time
In court, refusal can also make it harder to argue for leniency. Unless there was a valid reason (like a medical emergency), courts are unlikely to be sympathetic.
FAQs
Can I still drive for work after a drink driving charge?
In most cases, a drink driving charge will come with a licence suspension — which can obviously affect your ability to drive for work. That said, there are limited pathways to minimise the impact, depending on your circumstances.
Courts do, however, consider the hardship losing your licence has caused and factor this into how long you will need to keep off the road.
Having a lawyer present those details clearly can help. But realistically, the best way to protect your ability to drive for work is to act early, get proper advice, and avoid a conviction if possible.
How long will a drink driving offence stay on my record?
If you’re convicted, a drink driving offence becomes part of your criminal record. In NSW, the conviction can be spent after 10 years, provided you don’t reoffend during that period.
However, even after it’s spent, it may still appear in certain background checks — especially for jobs involving driving or working with vulnerable people. And for professional licence holders, it could continue to have consequences long after the court process is over.
If your charge was dismissed under a Section 10, then it either becomes spent immediately, or when any Conditional Release Order that is made finishes. This means that it won’t show up on criminal record checks for as long as a conviction.
Will I get a criminal record for drink driving?
It depends. In NSW, any drink driving offence can lead to a criminal conviction — even low-range ones. But a court has the discretion to issue a Section 10 in some cases, meaning no conviction is recorded.
So yes, drink driving can result in a criminal record, but with the right approach, it might be avoided. This is one reason why getting legal advice early is so important.
Can I challenge the accuracy of a breath test?
Yes — though it’s not easy. If the testing device wasn’t calibrated correctly, if proper procedure wasn’t followed, or if there’s a medical reason your reading was higher than expected, these can form the basis of a defence.
Challenging test accuracy usually requires expert reports and strong evidence. This is where legal help makes a real difference. A lawyer can advise whether there’s a realistic chance of challenging the test — and what kind of expert input might be needed.
How much does a drink driving lawyer cost in Sydney?
Costs can vary depending on the complexity of your case, your lawyer’s experience, and how far it goes (for example, sentencing vs full defended hearing).
Some lawyers offer fixed-fee pricing, while others charge hourly. You might expect to pay anywhere from $1,500 to $4,000 or more for a typical matter. It’s worth asking for a breakdown upfront.
At Ainsley Law, the focus is on giving you clear, upfront advice without pressure — so you know what to expect before you commit.
Take control of what happens next
Being charged with drink driving doesn’t make you a bad person — but how you respond matters. The penalties can be serious, but they’re not always set in stone. With the right advice, solid preparation, and a clear plan, it’s possible to minimise the impact and move forward with your life.
If you’re looking for honest guidance from people who actually listen, get in touch with the team at Ainsley Law. We understand what’s at stake — and we’re here to help you get through it.
Please call us today at 0416 224 601 or leave an enquiry.
