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Information about DUI and drink driving offences in NSW
Blood alcohol concentration (BAC) limits
‘PCA’ (prescribed concentration of alcohol) offences (including Novice, Special, Low, Mid, High)
Drink Driving Penalties in NSW
Towards Zero NSW Road Safety Campaign
On the spot penalties for DUI
If you are found to commit a novice range, special range, or low range drink driving offence, and it is your first drink driving offence, police can suspend your licence for a period of three months and issue an on-the-spot fine of $561.
If you receive an immediate licence suspension, you will be required to surrender your licence on the spot and make other arrangements for getting home. You will also be told your suspension period on the spot. If you are summoned to attend court, the court will fix a disqualification period and backdate it to the day your licence was surrendered.
If it is your second or subsequent offence, or if your offending falls within the higher range category, you will be required to attend court and the penalties below will be applicable.
Court imposed penalties for a DUI
If you are required to attend court, the maximum penalties are much higher and vary depending on the level of the ‘range’ of the offence that is committed. At present, one penalty unit equates to $110.00
Low range, Special range and Novice range prescribed concentration of alcohol
Maximum penalty:
20 penalty units and 6-month disqualification from driving (in the case of a first offence) or
30 penalty units and an unlimited disqualification period (in the case of a second or subsequent offence).
Middle range prescribed concentration of alcohol
Maximum penalty:
20 penalty units or imprisonment for 9 months or both with an unlimited disqualification period (in the case of a first offence); or
30 penalty units or imprisonment for 12 months or both with an unlimited disqualification period (in the case of a second or subsequent offence).
High range prescribed concentration of alcohol
Maximum penalty:
30 penalty units or imprisonment for 18 months or both with an unlimited disqualification period (in the case of a first offence); or
50 penalty units or imprisonment for 2 years or both with an unlimited disqualification period (in the case of a second or subsequent offence).
An “unlimited disqualification period” will only be applicable where an interlock order is not made.
It is important to note that in addition to the above penalties, offences falling within the middle and high range categories are considered ‘mandatory interlock offences,’ where unless an interlock exemption order is secured, you will be subject to a ‘mandatory interlock order’ that disqualifies you from driving for an initial period where after you will be required to fit (at your own expense) an interlock device for a period not less than 12 months.
