Key issues
Start with the practical information that can affect your next step.
- Licence: Check any suspension or disqualification notice now.
- PCA: Know the alleged alcohol range on your paperwork.
- Court: Keep the date, court location and documents together.
What to do before court
Start with the documents and the deadline. Early preparation gives you time to understand the allegation and seek advice. Do not ignore a court attendance notice, penalty notice, immediate suspension notice or interlock correspondence.
- Keep the court attendance notice, police facts and any breath-analysis paperwork.
- Write down the court date, court location and any licence deadline.
- Read every licence notice. Do not drive if you are suspended, disqualified or otherwise prohibited from driving.
- Gather material that may help explain your circumstances, such as work, caring, medical or treatment information.
Types of drink driving and PCA
Know the alleged range before you make a decision about PCA charges. “Drink driving” is everyday language. PCA means prescribed concentration of alcohol, and the alleged range can affect the process and potential consequences. DUI is a separate offence involving driving under the influence.
Special range PCA
A prescribed concentration of alcohol from 0.02 to under 0.05. This category can apply to some drivers, including novice drivers.
Low-range drink driving (low range PCA)
A prescribed concentration of alcohol from 0.05 to under 0.08.
Mid range PCA
A prescribed concentration of alcohol from 0.08 to under 0.15.
High range PCA
A prescribed concentration of alcohol of 0.15 or more.
Penalties and licence risk
The range is only one part of the picture. In NSW, the official offence and maximum-penalty framework is set out in section 110 of the Road Transport Act 2013. Possible consequences can include a fine, a criminal conviction, licence suspension or disqualification, an interlock requirement and, for some matters, imprisonment.
The applicable outcome depends on the alleged offence, whether it is a first or subsequent offence, your driving and criminal history, and how the matter is dealt with. Get current advice about your position rather than relying on a general penalty table.
Possible outcomes
Section 10 and no-conviction outcomes are never automatic.
A court may consider a dismissal or conditional release order without recording a conviction in an appropriate case. Often referred to as a “Section 10”, this is discretionary. The facts, your history and the quality of the material before the court all matter.
Read Section 10 NSW.
See Criminal Lawyer Fees.
Explore Criminal Lawyers Sydney.
How a lawyer helps
A lawyer can help you understand the allegation and prepare for the next court step.
Review the allegation
Read the charge, police material and any immediate licence consequence closely.
Advise on plea and evidence
Discuss the legal and practical issues before deciding how to respond.
Prepare submissions
Organise relevant documents and information for the court.
Appear and advocate
Present your case and address the issues that arise in court.
Official sources
Check current NSW law and process
Common questions
Drink Driving Lawyer Sydney FAQs
Will I lose my licence for drink driving in NSW?
A suspension, disqualification or interlock requirement can be a real possibility, but the result depends on the charge, your record and how the matter is dealt with. Read any notice carefully and get advice before driving or making assumptions about your licence.
Is drink driving a criminal conviction?
A drink driving matter can result in a criminal conviction. In some cases, a court may consider an order without a conviction, including an order commonly called a Section 10 outcome. That is discretionary and never guaranteed.
Can I avoid a conviction for a drink driving charge?
It may be an issue to discuss with a lawyer, but it depends on the circumstances, the charge, your history and the material put before the court. No lawyer can promise a Section 10 or another no-conviction outcome.
What is a PCA charge in NSW?
PCA means prescribed concentration of alcohol. In NSW, drink driving charges are often described by the PCA range alleged: special, low, mid or high range.
What happens for a first-offence drink driving charge in NSW?
A first offence is still serious. It may be relevant to preparation and sentencing, alongside the alleged range, your licence history and the facts of the case. Do not assume a first offence means there will be no licence or court consequence.
Will I need an alcohol interlock device?
An alcohol interlock order may apply to some drink driving offences. Eligibility and requirements are fact-specific, so current official rules and your individual notice should be checked.
