Drink and drug driving penalties
Drink and drug driving puts you and others in serious danger. These offences carry severe penalties and you could get a criminal record.
A 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.
In 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.
Low range, special or novice drink driving
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 |
Mid range drink driving
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 |
High range drink driving
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:
- cannabis
- ecstasy or MDMA
- cocaine
- methamphetamine (ice or speed).
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.
Cannabis, speed, ice, MDMA, ecstasy, or cocaine in saliva, blood or urine
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:
- active THC (cannabis)
- methylamphetamine (speed/ice)
- methylenedioxymethylamphetamine (MDMA or ecstasy)
- cocaine.
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 |
Morphine in blood or urine
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 | $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 |
Subject to an alcohol interlock order | Yes (alcohol offences only) | Yes (alcohol offences only) |
On 28 June 2021, a new law was introduced to target drivers who drive with both an illegal blood alcohol level and illegal drugs in their system. These offences are called combined drink and drug driving offences.
This change introduces harsh penalties for these offences to prevent high-risk behaviour on NSW roads. The new law carries more severe penalties than individual drink or drug driving offences.
Combined drug and alcohol penalties
Combined offence – low, novice or special range PCA with prescribed illicit drug presence
This offence only applies when:
- you're detected with a low, special, or novice range PCA and you also have illicit drugs present in your system, and
- you were convicted of a combined offence in the previous 5 years.
Penalties | Second or subsequent offence |
|---|---|
Maximum court-imposed fine | $5500 |
Maximum prison term | 18 months |
Minimum disqualification | 18 months |
Maximum disqualification | Unlimited |
Automatic disqualification (disqualification period that applies in the absence of a specific court order) | 2 years |
Immediate licence suspension | Yes |
Subject to an alcohol interlock order | Yes |
Combined offence – mid range PCA with prescribed illicit drug presence
Penalties | First offence | Second or subsequent offence |
|---|---|---|
Maximum court-imposed fine | $3300 | $6600 |
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) | 2 years | 4 years |
Immediate licence suspension | Yes | Yes |
Subject to an alcohol interlock order | Yes | Yes |
Combined offence – high range PCA with prescribed illicit drug presence
| Penalties | First offence | Second or subsequent offence |
|---|---|---|
Maximum court-imposed fine | $5500 | $11,000 |
Maximum prison term | 2 years | 2 years |
Minimum disqualification | 18 months | 3 years |
Maximum disqualification | Unlimited | Unlimited |
Automatic disqualification (a disqualification period that applies in the absence of a specific court order) | 4 years | 6 years |
Immediate licence suspension | Yes | Yes |
Subject to an alcohol interlock order | Yes | Yes |
If you are asked by police to provide a saliva, blood or urine sample, you are obliged to provide one.
Refusing to provide test samples
If you refuse to provide samples to police, you can be charged.
Penalty | First offence | Second or subsequent offence |
|---|---|---|
Maximum court-imposed fine | $3300 | $5500 |
Maximum prison term | Not applicable | 18 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) | 3 years | 5 years |
Subject to an alcohol interlock order | Yes | Yes |
Refusing to provide test samples after a fatal crash
If you refuse to give a blood or urine sample after involvement in a fatal crash, you can be charged with an offence. You may also be charged if you introduce or alter the amount of a drug in your blood or urine after involvement in a fatal crash.
Penalty | First offence | Second or subsequent offence |
|---|---|---|
Maximum court-imposed fine | $3300 | $5500 |
Maximum prison term | 18 months | 2 years |
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) | 3 years | 5 years |
Altering a drug or alcohol test
If you introduce or alter the amount of a drug in oral fluid or blood after you are required to provide a test sample, you may be charged.
Penalty | First offence | Second or subsequent offence |
|---|---|---|
Maximum court-imposed fine | $3300 | $5500 |
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) | 3 years | 5 years |
In most cases, if you are charged with a drink, drug or combined driving offence, you will have to attend court.
Depending on the seriousness of the offence, you may receive:
- a court-imposed fine
- an Alcohol Interlock Order
- a licence suspension, cancellation or disqualification
- a prison sentence.
Cases that are not dealt with by the court are usually because it's a first-time offence, or a less serious offence. In these cases the driver would receive a penalty notice and an immediate licence suspension.
If you receive a penalty notice and immediate suspension for a drink-driving offence, you can choose to go to court to appeal your suspension. See Going to court for more.
How drug and drink driving is detected
Drug and alcohol driving offences are most commonly detected:
- by random breath testing (RBT)
- by random drug testing (RDT)
- when stopped by police at the roadside.
Being convicted
If you are convicted by the court for drink or drug driving, this offence will remain on your criminal record. You will also be disqualified from driving for a period of time.
You may also be required to enrol in the Alcohol Interlock Program.
Police can apply a vehicle sanction if a driver is a repeat, high-risk drink or drug driving offender.
This means that if you have had a previous drink or drug driving conviction in the last 5 years, and are caught offending again, police can confiscate your vehicle or licence plates.
Vehicle sanctions can be applied to:
- mid range PCA offences (a BAC of 0.08 to less than 0.15)
- high range PCA offences (a BAC of 0.15 or more)
- combined drug and alcohol offences
- a refusal offence – when a person refuses or fails to do additional tests after failing an initial roadside breath or saliva test.
For more, see Vehicle sanctions.
