Criminal Offences – Drink Driving Offences

Traffic Law in NSW is a complex and an extensive system of Rules and Regulations. It is not uncommon for an individual charged with an offence under one piece of legislation to be sentenced by a penalty prescribed under different legislation.

We will advise you on how to best prepare your case and the further matters which may assist you to decrease the period of disqualification imposed by a Court including attendance at a Traffic Offenders Program, drafting of character references and explaining the Driver Interlock Program.

A List of Traffic Law Common Offences & Penalties

 A summary of the most common offences and their penalties as at April 2011 are listed below:

Offence Penalty Type First Offence Second Offence
Drive with Novice Range PCA 0.00 to less than 0.02 * Maximum Fine $1,100 $2,200
Statutory Disqualification 6 Months 12 Months
Minimum Disqualification 3 Months 6 Months
Maximum Period of Imprisonment N/A N/A
Drive with Special Range PCA 0.02 to less than 0.05 * Maximum Fine $1,100 $2,200
Statutory Disqualification 6 Months 12 Months
Minimum Disqualification 3 Months 3 Months
Minimum Disqualification 3 Months 3 Months
Drive with Low Range PCA 0.05 to less than 0.08 * Maximum Fine $1,100 $2,200
Statutory Disqualification 6 Months 12 Months
Minimum Disqualification 3 Months 6 Months
Maximum Period of Imprisonment N/A N/A
Drive with Mid Range PCA 0.08 to less than 0.15 * Maximum Fine $2,200 $3,300
Statutory Disqualification 12 Months 3 Years
Minimum Disqualification 9 Months 12 Months
Maximum Period of Imprisonment 12 Months 12 Months
Drive with High Range PCA 0.15 and above * Maximum Fine $3,300 $5,500
Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 18 Months 2 Years
Driving under the Influence* Maximum Fine $2,200 $3,300
Statutory Disqualification 9 Months 3 Years
Minimum Disqualification 12 Months 12 Months
Maximum Period of Imprisonment 9 Months 12 Months
Negligent Driving Maximum Fine $1,100 $1,100
Statutory Disqualification 0 Months 0 Months
Minimum Disqualification At the Courts Discretion At the Courts Discretion
Maximum Period of Imprisonment N/A N/A
Negligent Driving Causing Grievous Bodily Harm (GBH) * Maximum Fine $2,200 $3,300
Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 9 Months 12 Months
Negligent Driving Causing Death* Maximum Fine $3,300 $5,500
Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 18 Months 2 Years
Drive in Speed or Manner Dangerous or Reckless or Furious * Maximum Fine $2,200 $5,500
Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 9 Months 12 Months
Street Racing Maximum Fine $3,300 $3,300
Automatic Disqualification 12 Months 12 Months
Maximum Period of Imprisonment N/A 9 Months
Drive while cancelled, suspended or disqualified Maximum Fine $1,100 $2,200
Statutory Disqualification 6 Months 12 Months
Minimum Disqualification 3 Months 3 Months
Minimum Disqualification 3 Months 3 Months
Drive while unlicensed Maximum Fine $2,200 $2,200
Statutory Disqualification 0 Months 0 Months
Minimum Disqualification At the Courts Discretion At the Courts Discretion
Maximum Period of Imprisonment N/A N/A
Drive while unlicensed – without holding a license for 5 years Maximum Fine $2,200 $3,300
Statutory Disqualification 0 Months N/A
Minimum Disqualification At the Courts Discretion N/A
Automatic Cumulative Disqualification N/A 3 Years
Refuse to provide a Breath Test Maximum Fine $1,100 $1,100
Statutory Disqualification 0 Months 0 Months
Minimum Disqualification At the Courts Discretion At the Courts Discretion
Maximum Period of Imprisonment N/A N/A
Refuse to provide a Blood or Urine Analysis * Maximum Fine $3,300 $5,500
Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 18 Months 2 Years
Refuse to submit a Blood or Urine Sample* Maximum Fine $3,300 $5,500
Statutory Disqualification 3 Years 3 Years
Minimum Disqualification 6 Months 6 Months
Maximum Period of Imprisonment 18 Months 2 Years
Failure to stop and render assistance after an accident * Maximum Fine $3,300 $5,500
Statutory Disqualification 3 Years 5 Years
Minimum Disqualification 12 Months 2 Years
Maximum Period of Imprisonment 18 Months 2 Years