In New South Wales, a person who is caught drink driving faces a fine, a period of licence suspension and a possible term of imprisonment. This article deals with the penalties and procedures for dealing with drink driving offences in New South Wales.
Court or on-the-spot fine?
If a person is caught drink driving with a blood alcohol content (BAC) of less than 0.79 and it is their first drink driving offence, the matter may be dealt with by an on-the-spot fine of $603. However, for a second offence and for a high BAC drink driving offence, the driver will have to attend court, where higher penalties apply.
Alcohol interlock program
In New South Wales, a person who is sentenced for drink driving offences may be made subject to an alcohol interlock order. This order requires the driver to have an alcohol interlock device fitted to their vehicle at their own expense. With this device fitted, the vehicle will not start if the driver has alcohol in their system.
Each level of drink driving carries different maximum and minimum penalties and different maximum and minimum licence suspension periods. However, drivers who are sentenced to an alcohol interlock order are subject to much shorter periods of licence suspension.
Five levels of drink driving
The Road Transport Act 2013 contains the penalties for drink driving in New South Wales. There are five levels of drink driving.
- Novice range (BAC of 0.01 to 0.019 for a Learner, P1 or P2 driver)
- Special range (BAC of 0.02 to 0.049 for a Learner, P1 or P2 driver or a bus or taxi driver)
- Low range (BAC of 0.05 to 0.079)
- Mid-range (BAC of 0.08 to 0.149)
- High range (BAC of 0.15 and higher)
Novice, low range or special range
A person found guilty of novice range, special range, or low range drink driving for the first time have their licence suspended for at least three months and no more than six months. The court will fine them up to $2200.
If it is the driver’s second or subsequent offence, they will be suspended from driving for at least six months and no more than 12 months. They will be subject to an alcohol interlock order at the end of the suspension period. They will also be fined up to $3300.
Mid-range
A person found guilty of mid-range drink driving for the first time faces a fine of up to $2,200 or imprisonment for up to nine months. They will also be disqualified from driving for at least six months and be subject to an alcohol interlock after the end of the suspension period. There is no maximum suspension period for this offence.
A person found guilty of mid-range drink driving for a second or subsequent time will face a fine of up to $3,300 and possible imprisonment for up to 12 months. They will be disqualified from driving for a period of between 12 months and three years (or for a period between six and nine months with an alcohol interlock period of a further 24 months).
High range
A person found guilty of high range drink driving for the first time faces immediate suspension from driving for at least 12 months and a fine of up to $3,300. They may also be sentenced to up to 18 months imprisonment.
A person who commits a second high range drink driving offence faces immediate suspension for at least two years and a fine of up to $5500. They may also be sentenced to up to two years imprisonment. There is no maximum suspension period for this offence.
A person who is sentenced for high range drink driving will receive an automatic licence suspension for three years (for a first offence) or five years (for a second or subsequent offence) unless the court imposes a lesser period of licence suspension with an alcohol interlock order for a further 48 months.
Driving under the influence
When a person is caught ‘driving under the influence’ of alcohol or drugs, they are guilty of an offence. This offence does not require the person to record a BAC of any particular level. Rather, it requires that the person’s driving was impaired by the presence of alcohol or drugs in their system.
A person who is found guilty of driving under the influence (DUI) for the first time faces a fine of $3300 or imprisonment for up to 18 months or both. They will also be disqualified from driving for at least 12 months. There is no maximum suspension period for this offence.
A second or subsequent DUI offence will result in a fine of up to $5500 or imprisoned for up to two years, or both. They will be disqualified from driving for at least two years (or for a period of between nine months and 12 months, followed by an alcohol interlock period of a further 24 months).
Drug driving
A person who is found guilty of driving with an illicit drug present in their system may be given an on-the-spot fine of $603 if it is their first offence.
If the matter is dealt with by a court, the driver faces a fine of up to $2200 for a first offence. They will also have a licence disqualification period of between three and six months imposed.
For a second offence, a driver will be fined up to $3300 and suspended from driving for at least six months. There is no maximum suspension period.
Immediate licence suspension
A driver who is issued an immediate licence suspension will have to surrender their licence on the spot.
If a person is given an on-the-spot fine, they will be informed of the licence suspension period on the spot. If a person is dealt with by a court, the court will impose a suspension period and backdate it to when the licence was surrendered.
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