The festive season brings celebrations, late nights and more time on the road. It also brings intensified police operations across New South Wales, including random breath testing (RBT) and roadside drug testing. A single mistake can result in a criminal conviction, lengthy licence disqualification, substantial fines, mandatory interlock conditions, the loss of your vehicle and the possibility of imprisonment. If you drive for work, care for family or rely on your licence, the consequences can be life‑changing.
This article explains, how drink and drug driving laws operate in NSW, what penalties you could face, what happens if you refuse testing, and the practical steps to take if you are stopped by police.
What is drink driving in NSW?
Drink driving (often called a PCA offence – Prescribed Concentration of Alcohol) occurs when your blood alcohol concentration (BAC) exceeds the legal limit for your licence category. The penalties escalate with higher readings and with repeat offences.
Police can suspend your licence immediately at the roadside for certain offences.
Matters can proceed by penalty notice or be referred to court, where penalties increase significantly and a criminal conviction may be recorded.
Penalty Overview
Low, Special or Novice Range
An on‑the‑spot police suspension is possible. For a first offence dealt with by penalty notice: typically a 3‑month suspension and a $704 fine.
If the matter goes to court, penalties increase significantly:
| Penalty | First Offence | Second or Subsequent |
| Max court fine | $2,200 | $3,300 |
| Licence disqualification | 3–6 months | 6 months to unlimited |
| Alcohol Interlock Program | No | Yes |
Mid‑Range PCA (0.08 to <0.15)
A mid-range PCA offence caries higher penalties and are summarised in the table below:
| Penalty | First Offence | Second or Subsequent |
| Max court fine | $2,200 | $3,300 |
| Imprisonment | Up to 9 months | Up to 12 months |
| Disqualification | 6 months to unlimited | 12 months to unlimited |
| Automatic disqualification | 12 months | 3 years |
| Alcohol Interlock | Yes | Yes |
High‑Range PCA (0.15 or more)
A high-range PCA offence is treated as extremely serious and the penalties are summarised in the table below:
| Penalty | First Offence | Second or Subsequent |
| Max court fine | $3,300 | $5,500 |
| Imprisonment | Up to 18 months | Up to 2 years |
| Disqualification | 12 months to unlimited | 2 years to unlimited |
| Automatic disqualification | 3 years | 5 years |
| Alcohol Interlock | Yes | Yes |
If you are convicted twice within 5 years, you must pass the Driver Knowledge Test before you can ever get your licence back
Drug Driving in NSW: Zero Tolerance for Illegal Drugs
It is an offence to drive with any detectable level of certain illegal drugs in your system, regardless of impairment. Police commonly test for:
- Cannabis (THC)
- Cocaine
- MDMA (ecstasy)
- Methamphetamine (ice/speed)
How roadside drug testing works
An initial saliva test is conducted. If positive, it is repeated.
If the second screening is positive, you will be required to provide a laboratory sample (saliva, blood or urine) and must not drive until results are confirmed.
Morphine without a medical explanation can attract similar penalties.
Penalties for drug driving are summarised in the table below:
| Penalty | First Offence | Second or Subsequent |
| Penalty notice fine | $704 | N/A |
| Suspension (if penalty notice issued) | 3 months | N/A |
| Max court fine | $2,200 | $3,300 |
| Disqualification | 3–6 months | 6 months to unlimited |
Driving with morphine in your system (without medical explanation) carries similar penalties.
Combined Alcohol and Drug Driving: Harsher Outcomes
Since 2021, NSW has imposed significantly heavier penalties when both alcohol and illegal drugs are present. Expect higher fines, longer disqualifications, and mandatory interlock orders.
For example a Mid‑range PCA with illegal drugs may result in penalties of:
- Up to $6,600 fine
- Up to 2 years imprisonment
- 12 months to unlimited disqualification (first offence)
- Immediate suspension
For high-range combined offences, the disqualification can start at 18 months and go up to unlimited.
Refusing to provide saliva, blood or urine
Refusing a lawful request for a sample is treated very seriously. If police ask for a saliva, blood, or urine sample, you must provide it. Refusing is treated as a serious offence.
| Penalty | First Offence | Second or Subsequent |
| Max fine | $3,300 | $5,500 |
| Imprisonment | N/A | Up to 18 months |
| Disqualification | 6 months to unlimited | 12 months to unlimited |
If the refusal occurs after a fatal crash, penalties increase further, including imprisonment.
Vehicle sanctions: Police can take your car
If you have a drink or drug driving conviction within the last 5 years and are caught again, police can immediately:
- Confiscate your vehicle, or
- Remove your number plates
This applies to:
- Mid-range PCA
- High-range PCA
- Combined alcohol and drug offences
- Refusal offences
For many drivers, losing access to a vehicle has an immediate impact on employment and family responsibilities.
What happens in court and on your record?
If your matter proceeds to court, the Court may impose:
- A fine and a criminal conviction;
- Licence cancellation and disqualification;
- An Alcohol Interlock Order;
- Community‑based orders or imprisonment; and
A conviction will appear on your criminal record and may affect employment, travel, professional accreditation and insurance.
Practical tips
Some useful practical tips to assist could include:
- Plan ahead: Use a designated driver, rideshare or public transport. Do not guess your BAC, personal devices are not reliable.
- Understand immediate suspension: If police suspend your licence at the roadside, do not drive. Driving while suspended is a separate criminal offence.
- Be cooperative and respectful: Provide requested samples lawfully. Refusal often carries heavier penalties than a positive result.
- Check your obligations: Interlock orders, medical assessments and testing requirements must be followed strictly.
- Keep paperwork: Notices of suspension, court attendance notices and test results will be important to your matter.
- Seek early assistance: Time limits can apply to appealing immediate suspensions, preparing references, arranging treatment or courses, and obtaining material that may mitigate penalty.
How Baker Love Lawyers can help
The difference between a conviction with a long disqualification and a more lenient outcome often comes down to preparation and representation.
Baker Love Lawyers can:
- Assess the evidence and explain your options, including whether to accept a penalty notice, or elect to take the matter to court.
- Prepare a tailored legal advice and strategy to minimise licence disqualifications, fines and other penalties.
- Assist in the preparation of persuasive material (character references, employment impact, rehabilitation steps etc) and guide you through traffic offender or treatment programs
- Represent you at court and liaise with prosecutors to secure the best achievable outcome
If you have been any questions, have received a suspension, or are scheduled to appear in court, act promptly. Contact Baker Love Lawyers today on (02) 4944 3322 for clear, practical advice and strong representation to protect your licence, your record and your future.
CONTACT US
Recent Articles
NSW deepfake & image-based abuse charges
Have you been served with a statutory demand?
High Court confirms: Employees can recover compensation for psychological injury caused by unfair dismissal
