Drink and drug driving puts you and others in serious danger. These offences carry severe penalties and you could get a criminal record.
Expand all Collapse all Relevant termsA number of different factors determine which offence a driver may be charged with. Here are some definitions of relevant terms.
PCA – Prescribed Concentration of Alcohol.
BAC – Blood Alcohol Concentration. This means the level of alcohol in your system at the time of driving a vehicle.
Novice range PCA – a learner or provisional driver with a BAC above zero.
Low range PCA – a driver with a blood alcohol level between 0.05 to 0.079.
Mid range PCA – a driver with a blood alcohol level between 0.08 to 0.149.
High range PCA –a driver with a BAC above 0.15.
Special range PCA – a special category driver with a BAC limit over 0.02.
Subsequent offence – being charged with the same or a similar offence you've been convicted of before.
Drink driving offences and PCA offencesIn NSW, it is a serious offence to drive while your blood alcohol level is over the legal limit.
Disqualification periods may differ from those listed if the driver is required to enrol in the Alcohol Interlock Program. For more, see Alcohol Interlock Program.
See 'Driving under the influence' below for related offences.
Repeated drink driving offences
Drivers convicted of 2 drink driving offences in a 5-year period must pass the Driver Knowledge Test before they can be licensed to drive again.
NSW Police can immediately suspend your licence if you commit a low, special or novice range drink driving offence.
If it's your first offence, your licence can be suspended for 3 months and you may be issued an on-the-spot fine.
| Penalty | First offence | Second or subsequent offence |
|---|---|---|
| Penalty notice fine | $682 | N/A |
| Immediate licence suspension | Yes | Yes |
| Maximum court- imposed fine | $2200 | $3300 |
| Maximum prison term | N/A | N/A |
| Minimum disqualification | 3 months | 6 months |
| Maximum disqualification | 6 months | Unlimited |
| Automatic disqualification (a disqualification period that applies in the absence of a specific court order) | 6 months | 12 months |
| Subject to an alcohol interlock order | No | Yes |
A mid range PCA offence is when a driver is found to have a BAC above 0.08 and less than 0.15.
| Penalties | First offence | Second or subsequent offence |
|---|---|---|
| Maximum court-imposed fine | $2200 | $3300 |
| Maximum prison term | 9 months | 12 months |
| Minimum disqualification | 6 months | 12 months |
| Maximum disqualification | Unlimited | Unlimited |
| Automatic disqualification (a disqualification period that applies in the absence of a specific court order) | 12 months | 3 years |
| Immediate licence suspension | Yes | Yes |
| Subject to an alcohol interlock order | Yes | Yes |
A high range PCA offence is when a driver is found to have a BAC above 0.15.
| Penalty | First offence | Second or subsequent offence |
|---|---|---|
| Maximum court-imposed fine | $3300 | $5500 |
| Maximum prison term | 18 months | 2 years |
| Minimum disqualification | 12 months | 2 years |
| Maximum disqualification | Unlimited | Unlimited |
| Automatic disqualification (a disqualification period that applies in the absence of a specific court order) | 3 years | 5 years |
| Immediate licence suspension | Yes | Yes |
| Subject to an alcohol interlock order | Yes | Yes |
In NSW, it is against the law to drive with the presence of any illegal drug in your system. Penalties can include heavy fines, licence suspension, licence disqualification and imprisonment.
Police can charge you with a drug driving offence if a roadside drug test detects illegal drugs in your system. The roadside drug test takes a saliva sample. The test can occur at roadside random drug testing, or if you are stopped by police.
The roadside drug test takes a saliva sample and can detect the presence of:
If illegal drugs are detected, the test will be repeated. If the test is still positive, you will be required to take additional laboratory tests including blood tests or urine samples. These test results can take longer to process than a saliva test. You must not drive while waiting for the test results.
If the test confirms the presence of illegal drugs, you will be charged with a drug driving offence.
See 'Driving under the influence' below for related offences.
You will be charged with a drug driving offence if you are caught driving with the presence of any of these drugs in your oral fluid, blood or urine:
If you take prescription or over-the-counter medicines, you must follow medical advice and the manufacturer's instructions. If you are concerned about whether you can drive safely while taking certain medication, discuss it with your doctor.
| Penalty | First offence | Second or subsequent offence |
|---|---|---|
| Penalty notice fine | $682 | N/A |
| Licence suspension (if offence is dealt with through a penalty notice) | 3 months | N/A |
| Maximum court- imposed fine | $2200 | $3300 |
| Minimum disqualification | 3 months | 6 months |
| Maximum disqualification | 6 months | Unlimited |
| Automatic disqualification (a disqualification period that applies in the absence of a specific court order) | 6 months | 12 months |
You will be charged with this offence if you are caught driving with the presence of morphine in your blood or urine (unless you can prove it's for medical use).
| Penalty | First offence | Second or subsequent offence |
|---|---|---|
| Maximum court-imposed fine | $2200 | $3300 |
| Minimum disqualification | 3 months | 6 months |
| Maximum disqualification | 6 months | Unlimited |
| Automatic disqualification (a disqualification period that applies in the absence of a specific court order) | 6 months | 12 months |
You can be charged with Driving under the Influence (DUI) if you are driving while affected by illegal or prescription drugs or alcohol. Drugs are detected through blood and urine tests which are ordered if a police officer has reasonable suspicion that a driver is under the influence of a drug or drugs.
If you're issued with an alcohol interlock order, the disqualification period may be different from what is in this table.
Penalty
First offence
Second or subsequent offence
Maximum court- imposed fine