Drink Driving Laws in NSW Australia

Despite drink driving being criminalised in NSW, Australia since 1968, it remains a factor in one in every seven vehicle crashes in New South Wales, Australia, where a person loses their life.

Based on our experience as drink driving lawyers, we have put together a guide with information about NSW DUI laws. Learn about the different types of drink driving offences, penalties, and suspensions in New South Wales and Australia.

Around 90% of drink drivers in fatal crashes are male.

Notably, one-third of all drink drivers in fatal crashes are aged 17-24 years, despite making up only one in seven of all licensed drivers.

A majority of fatal drink drive crashes occur between 9 pm and 3 am on Thursday, Friday, and Saturday nights.

Alcohol impairs driving as it is a ‘depressant’ which slows one’s brain, reducing the ability to judge how fast one is going, providing a false sense of confidence, making you drowsy, and also inhibiting balance.

Therefore, it has been found that a driver’s risk of being involved in a car crash, increases with the amount of alcohol in the bloodstream.

It has been estimated that at a blood alcohol content of 0.5, a drivers’ risk of crash is around twice that of zero blood alcohol.

At 0.8, it is estimated that the risk of a crash is about 7 times higher than at zero, with 0.15 presenting a risk 25 times higher than at zero.

It is difficult to measure blood alcohol content, without an approved breath testing machine, due to the multitude of factors that will affect a reading.

These factors include height, weight, liver function, consumption of food, health, gender, and whether other drugs have been ingested.

Due to these variations, and resulting impacts, the Road and Traffic Authority no longer has guidelines regarding what may be a suitable number of standard drinks per hour which one could drive after.

Drink driving offences and associated maximum penalties, vary based on the blood alcohol concentration (‘BAC’) of the offender in Australia.

There are six main drink driving offences in New South Wales, Australia, being:

1. High-range drink driving: BAC reading of 0.15g or more,
2. Mid-range drink driving: BAC reading of 0.08g – 0.149g,
3. Low-range drink driving: BAC reading of 0.05g - 0.079g,
4. Special-range drink driving (applies only to ‘L’ or ‘P’ platers or interlock device licence holders): BAC reading of between 0.02g and 0.049g,
5. Novice-range drink driving (applies only to ‘L’ or ‘P’ platers or interlock device licence holders):
6. DUI: this does not require you to have a BAC reading, with the offence proven via evidence that you were under the influence of alcohol while driving.

Offences relating to the various ranges of drink driving are prescribed under section 110 of the Road Transport Act 2013 (NSW).

There is also the new offence of combined drug and drink driving often referred to as the four angels law which involves driving with the presence of an illicit drug in a driver’s system, along with an illegal BAC.

High-range Drink Driving Offence

High-range drink driving carries a maximum penalty of 18 months imprisonment and/or a $3,300 fine for a first offence.

The applicable licence disqualification for a first offence is a minimum of 6 months, or maximum of 9 months.

The minimum interlock period is 2 years.

Where an individual is exempt from the interlock program, or it otherwise does not apply, the disqualification period automatically applicable is 3 years, with a minimum of 1 year.

For a second or subsequent offence, a maximum penalty of 24 months imprisonment and/or a $5,500 fine is applicable.

The applicable licence disqualification for a second or subsequent offence is a minimum of 9 months, or maximum 1 year.

The minimum interlock period is 4 years.

Where the interlock program does not apply, the automatic disqualification period is 5 years, with a minimum of 2 years.

Mid-range Drink Driving Offence

Mid-range drink driving carries a maximum penalty of 9-months imprisonment and/or a $2,200 fine for a first offence.

The applicable licence disqualification for a first offence is a minimum of 3 months, or maximum of 6 months.

The minimum interlock period is 1 year.

Where an individual is exempt from the interlock program, or it otherwise does not apply, the disqualification period automatically applicable is 1 year, or a minimum of 6 months.

For a second or subsequent offence, a maximum penalty of 12 months imprisonment and/or a $3,300 fine is applicable.

The applicable licence disqualification for a second or subsequent offence is a minimum of 6 months, or maximum of 9 months.

The minimum interlock period is 2 years.

Where an individual is exempt from the interlock program, or it otherwise does not apply, the disqualification period automatically applicable is 3 years, or a minimum of 1 year.

Low, Novice & Special-Range Drink Driving Offence

Police are able to issue an on-the-spot fine of $581, plus an immediate 3-months driver licence suspension for those who have committed their first offence of low, novice or special range drink driving.

You will not receive a criminal conviction on your record as a result of paying the fine, which does not require you to go to court.

Whilst you may court elect the fine, in the hopes of avoiding the 3-month immediate licence suspension period and fine, it comes at the risk of a criminal conviction.

One court elected, the maximum penalty applicable to such offences is a being convicted and fines $2,200 for a first offence and being convicted and fined $3,300 for a second or subsequent Offence.

The applicable licence disqualification for a second or subsequent offence, is a minimum of 1 month or maximum of 3 months.

The minimum interlock period is 1 year.

Where an individual is exempt from the interlock program, or it otherwise does not apply, the disqualification period automatically applicable is 1 year or minimum of 6 months.

Driving Under the Influence Offence

Driving under influence (DUI) does not require an official BAC reading, as is necessary with the aforementioned offences.

The offence will be proven if there is evidence that you were under the influence whilst driving or attempting to do so, as per section 112 of the Road Transport Act 2013 (NSW).

The maximum penalty applicable is 18-months imprisonment and/or a $3,300 fine, for a first offence.

The applicable licence disqualification for a first offence is a minimum of 6 months, or maximum of 9 months.

The minimum interlock period is 2 years.

Where an individual is exempt from the interlock program, or it otherwise does not apply, the disqualification period automatically applicable is 3 years, or a minimum of 1 year.

If an offender commits a second or subsequent offence, a maximum penalty of 24 months imprisonment and/or $5,500 fine.

The applicable licence disqualification for a first offence is a minimum of 9 months, or maximum of 1 year.

The minimum interlock period is 4 years.

Where an individual is exempt from the interlock program, or it otherwise does not apply, the disqualification period automatically applicable is 5 years, or a minimum of 2 years.

Combined Drink and Drug Driving Offence

The combined drink and drug driving offences apply if you drive with an illegal blood alcohol content, as well as the presence of one of the four prescribed illicit drugs in your system, as per section 111A of the Road Transport Act 2013 (NSW).

The prescribed illicit drugs are THC (a component within cannabis), speed, ecstasy, and cocaine.

The seriousness of the maximum penalties is applicable, ranges based on the range of drink driving.

High-range drink driving with the presence of a drug carries a maximum penalty of 2 years imprisonment and/or a $5,500 fine for a first offence.

It carries an applicable automatic licence disqualification of 4 years, which can be reduced to 18 months.

The minimum interlock period is 24 months.

The interlock can drop the licence disqualification to a minimum of 6 months or a maximum of 9 months.

Where an individual is exempt from the interlock program, or it otherwise does not apply, the disqualification period automatically applicable is 3 years, or a minimum of 12 months.

A second or subsequent high range offence carries a maximum penalty of 2 years imprisonment and/or a $11,000 fine.

It carries an applicable automatic licence disqualification of 6 years, which can be reduced to 3 years.

The minimum interlock period is 48 months.

Where an individual is exempt from the interlock program, or it otherwise does not apply, the disqualification period automatically applicable is 5 years, or a minimum of 2 years.

Mid-range drink driving with the presence of a drug carries a maximum penalty of 18 months imprisonment and/or a $3,300 fine.

It carries an applicable automatic licence disqualification of 2 years, which can be reduced to 12 months.

The minimum interlock period is 12 months.

The interlock can drop the licence disqualification to a minimum of 3 months or a maximum of 6 months.

A maximum penalty of 2 years imprisonment and/or a $6,600 fine is applicable for a second or subsequent mid-range level offence.

An automatic licence disqualification of 4 years, which can be reduced to 2 years, is applicable.

The minimum interlock period is 24 months, which follows a minimum of 6 months or a maximum of 9 months licence suspension.

If you have been convicted of an aforementioned offence of high or mid-range drink driving with the presence of a drug and commit an offence where you are caught driving with novice, special or low range drink driving with the presence of an illicit drug, an offence has occurred.

The maximum penalty is 18 months imprisonment and/or a $5,500 fine.

It carries an applicable automatic licence disqualification of 2 years, which can be reduced to 18 months.

The minimum interlock period is 12 months, which follows a minimum of 1 month or a maximum of 3 months licence suspension.