Drink driving (PCA) offences
Prescribed concentration of alcohol offences are graded by the reading: novice range (for learner, provisional and some other drivers), special range, low range (0.05 to under 0.08), mid range (0.08 to under 0.15) and high range (0.15 or more). Penalties include fines, licence disqualification and, for many offences, the mandatory alcohol interlock program.
Police can issue an immediate licence suspension for many drink and drug driving offences. For some first-offence low range matters, a penalty notice may be issued instead of a court attendance notice.
Drug driving
Driving with an illicit drug present in your system, such as cannabis, methylamphetamine, MDMA or cocaine, is an offence even without evidence of impairment. Driving under the influence is a separate and more serious charge. The testing procedure and the timing of samples are often relevant.
Licence appeals and disqualification removal
Some licence suspensions imposed by police or Transport for NSW can be appealed to the Local Court. Appeals generally must be lodged within 28 days, and not every driver is eligible. Separately, some people serving long disqualification periods may apply to have the remaining disqualification removed if they meet the eligibility requirements.
Preparing for court
At sentence, the court considers the objective seriousness of the offence and your circumstances. A traffic offender program, references and evidence of the need for a licence can be relevant. In appropriate cases, a dismissal or conditional release order without conviction may be available.
Our work
- Drink driving (PCA) and driving under the influence
- Drug driving and refusing or failing a test
- Driving while suspended, cancelled or disqualified
- Dangerous driving occasioning death or grievous bodily harm
- Negligent, furious and reckless driving
- Police pursuits and failing to stop
- Licence suspension appeals and applications to remove a disqualification
Frequently asked questions
Will I lose my licence for a low range PCA?
Not always. If a first low range offence is dealt with in court, the magistrate may in some circumstances deal with it without recording a conviction, which avoids automatic disqualification. Whether that is realistic depends on the reading, the circumstances of the driving and your history.
Do I need to complete a traffic offender program?
It is not compulsory, but completing a recognised program before sentence is often helpful. We can advise on timing and which program is appropriate.
This page is general information about the law in NSW and our work. It is not legal advice about your situation. Procedures, penalties and deadlines depend on the charge and can change.