Our Sydney traffic lawyers help clients facing all types of drink driving charges including first offences, repeat offending, or complicated circumstances such as breath test refusals or high range readings. Effective legal advocacy can make a substantial difference in outcomes and penalties imposed.
A drink driving offence occurs when you:
Drive a motor vehicle, or
Are in control of a vehicle with the intention or attempt to drive,
While your Blood Alcohol Concentration (BAC) is over the legal limit. BAC is measured either through a roadside breath test or a more accurate breath analysis test at a police station. Police commonly detect these offences through Random Breath Testing (RBT) or during traffic stops. A positive roadside test can lead to arrest and further testing, which forms the primary evidence used in court.
Learner licence holders
P1 and P2 provisional licence holders
NSW has a zero-tolerance alcohol policy for novice drivers. Even a very small amount of alcohol can result in a charge.
Significant fines
Automatic licence disqualification
Demerit points
Licence suspension
Because novice drivers must maintain a BAC of zero, even a reading slightly above 0.00 can lead to prosecution.
Bus drivers
Taxi and rideshare drivers
Heavy vehicle drivers
Certain professional licence holders
Drivers in these categories are held to a higher standard due to public safety responsibilities.
Fines
Licence disqualification
Demerit points
Immediate licence suspension
If your employment depends on your licence, obtaining legal advice early is critical.
This is the most common drink driving offence in NSW.
Fine
Automatic licence disqualification
Interlock order (in some cases)
Criminal conviction
Courts may have discretion in some cases, particularly for first-time offenders. Legal representation can significantly impact the outcome.
Mid-range PCA is treated seriously by NSW courts.
Higher fines
Mandatory minimum disqualification periods
Interlock program participation
Possible imprisonment
Criminal record
Immediate licence suspension usually applies at the roadside.
High-range drink driving is considered a major offence.
Substantial fines
Lengthy licence disqualification
Mandatory interlock order
Possible prison sentence
Criminal conviction
Courts treat high-range offences as significant risk to public safety. Strong legal representation is essential.
Refusing a breath test or breath analysis carries penalties equivalent to high range PCA.
Police have the power to require drivers to provide breath samples. Refusal is treated extremely seriously and can result in:
Heavy fines
Long disqualification periods
Interlock orders
Possible imprisonment
Penalties vary significantly depending on your BAC level, whether it’s a first offence or repeat offence, and additional factors such as driving behaviour and police evidence. Common penalties include:
Novice
$2,200
N/A
N/A
Automatic: 6 months
Minimum: 3 months
N/A
Special Range
$2,200
N/A
N/A
Automatic: 6 months
Minimum: 3 months
N/A
Low Range
$2,200
N/A
N/A
Automatic: 6 months
Minimum: 3 months
N/A
Mid Range
$2,200
9 Months
Yes - 12 months
Maximum: 6 months
Minimum: 3 months
Maximum: 12 months
Minimum: 6 months
High Range
$3,300
18 Months
Yes - 24 months
Maximum: 9 months
Minimum: 6 months
Automatic: 3 years
Minimum: 1 year
Refuse Breath Test
$3,300
18 Months
Yes -24 months
Maximum: 9 months
Minimum: 6 months
Automatic: 3 years
Minimum: 1 year
Novice
$3,300
N/A
Yes - 12 months
Maximum: 3 months
Minimum: 1 month
Automatic: 12 months
Minimum: 6 months
Special Range
$3,300
N/A
Yes - 12 months
Maximum: 3 months
Minimum: 1 month
Automatic: 12 months
Minimum: 6 months
Low Range
$3,300
N/A
Yes - 12 months
Maximum: 3 months
Minimum: 1 month
Automatic: 12 months
Minimum: 6 months
Mid Range
$3,300
12 Months
Yes - 24 months
Maximum: 9 months
Minimum: 6 months
Automatic: 3 years
Minimum: 12 months
High Range
$5,500
2 Years
Yes - 48 months
Maximum: 12 months
Minimum: 9 months
Automatic: 5 years
Minimum: 2 years
Refuse Breath Test
$5,500
2 Years
Yes - 48 months
Maximum: 12 months
Minimum: 9 months
Automatic: 5 years
Minimum: 2 years
When you’re charged with drink driving, proactive legal action can significantly influence the outcome. At ADADA Legal we:
Investigate the Evidence: We scrutinise police testing procedures, breath analysis accuracy and legality of the traffic stop.
Assess Your Options: Some matters allow for negotiation of penalties, reduced disqualification periods or alternative orders tailored to your circumstances.
Prepare Your Case: We build strategic submissions that consider factors like driving record, employment impact, rehabilitation efforts and character references.
Represent You in Court: Whether negotiating with prosecutors or presenting your case before a Magistrate, we advocate for the best possible outcome. In most drink driving matters, mitigating penalties — such as shorter licence suspensions or interlock conditions is a key focus, and tailored legal advice early in the process is crucial.
Most drivers must remain under a BAC of 0.05. Learner, provisional and certain other licence holders often have lower or zero alcohol limits.
Penalties depend on BAC range — from fines and short disqualifications for low range to years-long bans and potential jail time for high range offences. Interlock orders are common for mid and high range matters.
In specific circumstances, some offenders may obtain a non-conviction order. However, this is highly dependent on individual factors.
Refusing a breath or blood test attracts the same maximum penalties as a high range drink driving offence and typically leads to significant licence disqualification and possible jail exposure.
Modern NSW law allows police to immediately suspend your licence upon detection of PCA offences — even for first-time drink driving.
Yes — a conviction remains on your criminal record and can affect employment, travel or other legal matters unless a special court order avoids conviction.
Contact ADADA Legal today for clear, confidential guidance and a strategic approach tailored to your situation.
If you’re facing criminal or traffic charges, early advice can make a critical difference. Contact ADADA Legal today for clear, confidential guidance and a strategic approach tailored to your situation. Complete the form and our team will be in touch promptly to discuss how we can help.
Suite 207/30 Campbell Street, Blacktown, NSW 2148
0451 444 446
info@adadalegal.com.au
