BOOK YOUR CONSULTATION

Book Now

This form submission is encrypted and secure.

Laywers-Jameson-Law-The-best-law-firm-in-Sydney- Sydney Lawyers - Sydney

DRINK DRIVING (PCA)

Local-Business-Awards-Jameson-Law-1-1

Back to back winners of the most prestigious Local Business Awards and multiple criminal defence category awards.

reviews Jameson Law - The best law firm in Sydney - Lawyers - Google reviews

We Fight Hard For Your Rights. Get The Best Traffic Lawyers on your side.

Icon 01 - SVG Jameson Law

Award-Winning
Law Firm

We have won several awards including APAC’s coveted Best Traffic Law Firm Australia 2025.

Icon 02 - SVG Jameson Law

Proven Track
Record

60+ Years of Combined Experience in Defending traffic matters means a successful outcome is on the table.

Icon 03 - SVG Jameson Law

5 Star Reviews
Everywhere

We’re in it to win it and we fight hard for our clients. That’s why anywhere you look you will find only 5 star reviews.

Icon 1

Book a
Consultation Today

If your case is important to you it’s important to us. Call Jameson Law and join the winning side today.

How serious is a drink driving offence?

Driving under the influence of alcohol is a serious traffic offence. Apart from the obvious risk of crashing and the impact on other road users, getting caught or being convicted of this offence can have serious long term consequences such as loss of licence, impact on employment (ability to get to work and maintain your job) and your ability to care for dependents.

ASK A LAWYER

WE'RE IN IT TO WIN IT

Book your consultation

Book Now
Book Now Mobile 06 02 2025

This form submission is encrypted and secured to ensure your information remains confidential.

Speak to a lawyer today

Traffic law, in particular drink driving offences, can be complex. Don’t risk it. Contact our law firm’s expert traffic lawyers for a free initial consultation to help you reach the best possible outcome for your matter.

Traffic offence representation by Sydney Jameson Law. Our skilled lawyers provide expert legal advice and defense to protect your rights in all traffic matters

Drink Driving (PCA Offences)

Drink driving offences are also known as PCA offences. PCA means the prescribed concentration of alcohol. According to the Centre for Road Safety, drink driving is a factor in one in seven crashes in NSW that result in death and is therefore considered a serious offence by the courts. Drink driving is not a criminal offence and will not be recorded on your criminal record. However,  it will be recorded on your traffic record and you may be required to declare your traffic history for employment purposes. From 20 May 2019, tougher penalties apply for lower range drink driving offences, and for driving with the presence of an illicit drug in your blood. The change is part of a number of reforms in the Road Safety Plan 2021 to reduce alcohol and drug-related trauma on NSW roads. Many drivers follow the guideline: Males = 2 standard drinks in the first hour and 1 standard drink every hour after Females = 1 standard drink in the first hour and 1 standard drink every hour after. However, this a guideline only, and cannot be relied on as a defence. Everybody reacts to and processes alcohol differently. Therefore, it is best not to consume alcohol if you will be driving. Fines issued by the Local Court are based on penalty units set out in Road Transport Act 2013 (NSW). Each penalty unit is worth $110. For example, 5 penalty units equal $550. If you are convicted of a drink driving offence, your licence suspension will become a licence disqualification. It is an offence to continue driving if your licence is suspended or you are disqualified from driving. See the Traffic Law link at the top of the page for further information about licence suspensions and disqualifications.

Blood Alcohol Limits

In NSW, the following blood alcohol limits have been set for licensed drivers. Novice drivers (learner and provisional licence holders) have a 0.00 blood alcohol limit. Special category (professional drivers, e.g bus, truck, taxi, uber, etc) have a blood alcohol limit of 0.02 Class C licence holders (normal car and motorbike licence) have a blood alcohol limit of 0.05.

Police Roadside Powers

Police have a number of roadside powers when dealing with drink driving offences. A police officer can suspend your licence on the spot for low range drink driving for 3 months and issue you with an on the spot fine of $581. As of December 2018, a police officer can confiscate your number plate or impound your vehicle for up to 3 months if you are a repeat high risk drink driving offender. You are a repeat high risk drink driving offender if you have had a previous drink driving conviction in the previous 5 years. If your number plates are confiscated, you will need to organise for the vehicle to be towed from the location as the vehicle cannot be driven without its number plates. You will be required to cover the cost of towing fees. If you are a disqualified driver at the time of the offence, the police officer can confiscate your number plate or confiscate your vehicle for up to 6 months. If you have committed a second and subsequent offence, the vehicle can be confiscated and sold by the Crown. If you refuse a roadside breath test, you can be arrested and taken to the local police station for a breath analysis.
In a nutshell...

Do not rely on the standard drink guideline. Everybody reacts differently to alcohol and this guideline might not be appropriate for you. It cannot be used as a defence. Contact our office for expert advice tailored to your matter.

Speak to a lawyer today

Police have a number of roadside powers for dealing with drink driving offences such as on the spot fines and suspensions. Speak to one of our expert traffic lawyers for advice about your matter.

Alcohol offences, disqualification and imprisonment for:

A BAC of more than 0 grams but less than 0.02 grams of alcohol in 210 litres of breath or 100 milligrams of blood.

If you are a novice driver who has consumed alcohol, you must not:

Drive a motor vehicle, or

Occupy the driving seat of the motor vehicle and attempt to put the motor vehicle in motion

The maximum penalty is a fine of $2,200 (1st offence) or $3,300 (2nd or subsequent offence)

The licence disqualification period for this offence is:

If you have not committed a major traffic offence in the previous 5 years, the court has the discretion to order:

An automatic disqualification of 6 months, or

If the court thinks fit, a disqualification of 3 months (but no shorter)

If you have committed a major offence in the previous 5 years:

An automatic licence disqualification of 12 months, or

If the court thinks fit, a licence disqualification of 6 months (but no shorter)

Case Study

James holds a P2 driver’s licence. On Friday night went to his work Christmas party. He consumed a number of alcoholic beverages and caught an Uber home. On Saturday morning, he drove his car to visit his parent. On the way to his parent’s place, he was pulled over at an RBT. James returns a positive breath test of 0.02. While this is under the standard blood alcohol limit, James is required to have a blood alcohol limit of 0.00. He was suspended from driving on the spot for 3 months and issued with a traffic infringement notice.

A BAC of 0.02 grams or more, but less than 0.05 grams of alcohol in 210 litres of breath or 100 milligrams of blood.

If you are a special category driver who has consumed more than 0.02 grams of alcohol, you must not:

Drive a motor vehicle, or

Occupy the driving seat of the motor vehicle and attempt to put the motor vehicle in motion

Occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle

The maximum penalty is a fine of $2,200 (1st offence) or $3,300 (2nd or subsequent offence)

The licence disqualification period for this offence is:

If not committed a major traffic offence in the previous 5 years, the court has the discretion to order:

An automatic licence disqualification of 6 months, or

 If the court thinks fit, a licence disqualification of 3 months (but no shorter)

If a previous major offence has been committed in the previous 5 years:

An automatic licence disqualification of 12 months, or

If the court thinks fit, a licence disqualification of 6 months (but no shorter).

Case Study

Mary is a bus driver. She had one glass of wine before her shift to celebrate a friend’s birthday. While on her bus route, she is pulled into a roadside RBT. Mary returns a positive result of 0.02. Mary is a special licence driver as she is driving a public bus and she must have a blood alcohol limit under 0.02. The Police suspend Mary’s driver’s licence on the spot and issue her with an infringement notice. Mary has two options:

 1. Accept the suspension and pay the infringement notice, or

 2. Contest the suspension and fine in court

Based on her blood alcohol limit, Mary would benefit from contesting her suspension and fine in the Local Court especially is her has a positive traffic history.

A BAC of 0.05 grams or more, but less than 0.08 grams of alcohol in 210 litres of breath or 100 millilitres of blood

If you are a driver who has consumed more than 0.05 grams of alcohol, you must not:

Drive a motor vehicle, or

Occupy the driving seat of the motor vehicle and attempt to put the motor vehicle in motion, or

Occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.

The maximum penalty is a fine of $2,200 (1st offence) or $3,300 (2nd or subsequent offence)

The licence disqualification period for this offence is:

If you have not committed a major traffic offence in the previous 5 years, the court has the discretion to order:

An automatic licence disqualification of 6 months, or

If the court thinks fit, a licence disqualification of 3 months (but no shorter)

If a previous major offence has been committed in the previous 5 years:

An automatic licence disqualification of 12 months, or

If the court thinks fit, a licence disqualification of 6 months (but no shorter).

Case Study

Deborah has two glasses of wine with dinner. She doesn’t normally drink wine but did so to be sociable. She then drives home and is stopped by Police for an RBT. Deborah returns a positive roadside breath test of 0.06. Her licence is automatically suspended for 3 months and she is issued with an infringement notice. Deborah has two options:

 1. Accept the licence suspension and pay the infringement notice, or

 2. Challenge the licence suspension and fine in the Local Court

If Deborah has a good traffic history and can prove her need to maintain her driver’s licence, it would be recommended that Deborah appeals her licence suspension. It would also be recommended that Deborah adjourn her matter to attend a Traffic Offenders Program to show the court that she is remorseful for the offence and accepts responsibility for actions.

A BAC of 0.08 grams or more, but less than 0.15 grams of alcohol in 210 litres of breath or 100 milligrams of blood

If you are a driver who has consumed alcohol resulting in a blood alcohol content between 0.08 grams and 0.15 grams of alcohol must not:

Drive a motor vehicle, or

Occupy the driving seat of the motor vehicle and attempt to put the motor vehicle in motion

Occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle

The maximum penalty is a fine of $2,200 or 9 months imprisonment or both for a first offence. If it is a second or subsequent offence, the maximum penalty is a fine of $3,300 or 12 months imprisonment or both.

The licence disqualification period for this offence is:

If you have not committed a major traffic offence in the previous 5 years the court has the discretion to order:

An automatic licence disqualification of 12 months, or

If the court thinks fit, a licence disqualification of 6 months (but no shorter).

Case Study

Sarah has been celebrating the end of the year with colleagues. She has to drive home after the party and decides to follow the guideline of

arrow   Males = 2 standard drinks in the first hour and 1 standard drink every hour after

arrow   Females = 1 standard drink in the first hour and 1 standard drink every hour after

On her way home, she is pulled over by Police due to the nature of her driving. She drove through a red light and her driving was considered to be dangerous driving. She was breath tested and returned a positive breath test of 0.11. She was arrested and taken to the local Police station for a breath analysis. The breath analysis confirmed the roadside breath test. Sarah is charged with mid range drink driving and issued with a Court Attendance Notice. Sarah has two options:

 1. Plead guilty to mid range PCA and accept the licence suspension and fine

 2. Challenge the mid range PCA charge.

If Sarah has a good traffic history and this is her first offence, it may be beneficial for Sarah to adjourn the matter to attend a Traffic Offenders Program. This will show the court Sarah is remorseful and accepts responsibility for the offence. Sarah will still be required to complete a suspension period and pay a fine. This may encourage the court to reduce the suspension period. Due to recent changes, Sarah will be required to have an interlock device fitted to her car at her own cost.

A BAC of 0.15 grams or more of alcohol in 210 litres of breath or 100 milligrams of blood

If you are a driver who has consumed alcohol resulting in a blood alcohol content of more than 0.15 grams must not:

Drive a motor vehicle, or

Occupy the driving seat of the motor vehicle and attempt to put the motor vehicle in motion

Occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle

The maximum penalty for this offence is a fine of $3,300 or 18 months imprisonment or both for a first offence. If it is a second or subsequent offence, the maximum penalty is a fine of $5,500 or 2 years imprisonment or both.

The licence disqualification period for this offence is:

If you have not committed a major traffic offence in the previous 5 years:

An automatic licence disqualification of 12 months

If it is a second or subsequent offence, an automatic licence disqualification of 2 years.

Accidents and drink driving

If you have an accident and you are under the influence of alcohol at the time of the offence, you will not only risk drink driving charges, you may risk further serious charges. Dangerous driving offences involving drink driving and resulting in death or grievous bodily harm, are criminal offences.

Dangerous driving occasioning death:

If you are driving a vehicle and you are involved in a car accident causing the death of another person and, at the time of the car accident, you were:

Under the influence of intoxicating liquor or a drug; or

Driving at a speed dangerous to another person or persons; or

Driving in a manner dangerous to another person or persons,

You are guilty of an offence.

The maximum penalty for this offence is imprisonment for 10 years.

Aggravated dangerous driving occasioning death:

If dangerous driving occasioning death occurs in circumstances of aggression, the maximum penalty is 14 years imprisonment.

Aggravating circumstances include but are not limited to:

1. element and nature of injuries inflicted

2. number of people put at risk

3. degree of speed

4. degree of intoxication or of substance abuse

5. erratic or aggressive driving

6. competitive driving or showing off

7. length of the journey during which others were exposed to risk

8. ignoring warnings

9. escaping police pursuit

10. degree of sleep deprivation

11. failing to stop

Dangerous driving occasioning grievous bodily harm:

If you are driving a vehicle and you are involved in a car accident causing grievous bodily harm to another person and, at the time of the car accident, you were:

Driving under the influence of intoxicating liquor or of a drug, or

At a speed dangerous to another person or persons, or

In a manner dangerous to another person or persons,

You are guilty of an offence.

The maximum penalty for this offence is 7 years imprisonment.

Court Australialawyer-JAMESON LAW - THE BEST LAW FIRM IN SYDNEY

Local Court options

Alcohol Interlock

For high range and mid range PCA offences and second or subsequent PCA offences, the court may order a driver to enrol in the alcohol interlock program and have a device fitted to their vehicle. The interlock program impacts on the disqualification period a court may set.

Alcohol interlocks are fitted to your vehicle at your own expense. The average cost of installing an interlock device is $2,200 to $2,500 per year. There may be additional ongoing maintenance costs.

For further information about the program, including how to have a device fitted to your vehicle, contact Jameson Law or RMS.

Traffic Offenders Program

You may be eligible to have your matter adjourned so that you can attend a recognised traffic offenders program. Attending a program shows the court you are remorseful for your conduct and successful completion of a program may result in a reduced total disqualification period.

Section 10

A section 10 is the best possible outcome in the event the court finds you guilty of a low range, special range or novice drink driving offence. The courts will not grant a section 10 for mid range or high range drink driving offences.

There are three orders available to the court under section 10 of the Crimes (Sentencing and Procedure) Act where the court believes it is inappropriate to further punish an offender.

arrow   Section 10 (1) (a)- dismissal with no conviction recorded

arrow   Section 10 (1) (b)- dismissal with no conviction on conditions set by the court. For example, not to commit an offence for a period of two years

arrow   Section 10 (1) (c)- dismissal with no conviction on the condition that the offender enters into an intervention program. For example drug and alcohol counselling.

A section 10 is an acknowledgement of the court that you have committed an offence, however, the court is satisfied that it is out of character and you are unlikely to continue offending. It’s the court’s way of giving you a second chance.

Before granting a section 10, the court will consider:

arrow   Your traffic history

arrow   Your character, antecedents, age, heath and mental condition, etc

arrow   The trivial nature of the offence

arrow   Extenuating circumstances that lead to the offence being committed

arrow   Any other matter the court considers relevant

Disclaimer

The above is general legal information and should not be considered legal advice. You should speak with one of our criminal lawyers for legal advice tailored to your specific legal matter. The penalties listed are maximum penalties. The courts deal with matters on a case by case basis. It should also be noted that there may be court delays due to COVID-19.

Speak to an Expert Lawyer today

Laywers-Jameson-Law-The-best-law-firm-in-Sydney- Sydney Lawyers - Sydney
BOOK NOW

WE'RE IN IT TO WIN IT

Book your consultation

Book Now
Book Now Mobile 06 02 2025

This form submission is encrypted and secured to ensure your information remains confidential.

What our Clients

Legal Answers ... In Short

Traffic Offences: Latest News and Resources

FAQs

Frequently Asked Questions.

What our clients say

.

Jameson Law - voted best law firm in Sydney_ Award winning law firm - desktop
Jameson Law - voted best law firm in Sydney_ Award winning law firm

WE'RE IN IT TO WIN IT

Book your consultation

Book Now Mobile 06 02 2025
Book Now Mobile 06 02 2025
lock

This form submission is encrypted and secured to ensure your information remains confidential.

Our Sydney Offices

Offices-Jameson-Law-Sydney-Best-Law-Firm
Parramatta CBD - Head Office
jameson Law - Blacktown
jameson Law - Liverpool Office
Jameson Law - Bankstown
nsw_courts - Jameson Law

Court Houses We Frequent

Balmain Local Court

Registry: Monday to Friday, 9:00am to 4:30pm

Bankstown Local Court

Court Operating Hours: 9:30am-4:30pm

Blacktown Local Court

Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 -4:30
Days open: Mon-Fri

Burwood Local Court

Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri

Campbell Local Court

Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri

Central Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Downing Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Wollongong Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Fairfield Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Hornsby Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Liverpool Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Manly Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Newtown Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Parramatta Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Penrith Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Sutherland Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Waverley Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Windsor Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Wollongong Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Downing Centre District Court

Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri

Parramatta District Court

Registry Hours: 9:00 – 4:30
Days open: Mon-Fri

Penrith District Court

Registry Hours: 9:00 – 4:30
Days open: Mon-Fri

Campbelltown District Court

Registry Hours: 9:00 – 4:30
Days open: Mon – Fri

Liverpool District Court

Registry Hours: 9:00 – 4:30
Days open: Mon – Fri

Wollongong District Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Supreme Court New South Wales

Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday

Federal Circuit and Family Court of Australia

Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 5:00 PM
Days Open: Monday to Friday

Federal Court

Monday to Friday, 8:30 AM – 4:30 PM

High Court

Monday to Friday, 8:30 AM – 5:00 PM

Children’s Court of New South Wales

Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday

Coroner’s Court New South Wales

Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday

Industrial Relations Commission of New South Wales

Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday

Land and Environment Court of New South Wales

Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday

WE'RE IN IT TO WIN IT

Book your consultation

Book Now
Book Now Mobile 06 02 2025
lock

This form submission is encrypted and secured to ensure your information remains confidential.