Drink Driving Law NSW

Drink Driving – Statistics, Law and Penalties in NSW

Drink driving is a serious matter across Australia and New South Wales (NSW).

Drink driving plays a role in more than 20% of all crashes resulting in fatality in NSW and accounts for almost 100 deaths each year across the state.

The majority of people driving under the the influence (DUI) of alcohol who are involved in a fatal crash are male (87%) and under the age of 40 (73%). Most of these have a car accident in their local region and there are twice as many fatal accidents in regional areas than metropolitan regions, despite being less populated.

Considering the impact that drink driving has on our communities, it is best to be aware of the laws and penalties associated with drink driving. This post outlines the range of drink driving penalties resulting from a DUI charge in NSW. It will also cover the automatic suspensions associated.

Drink driving charges and penalties

Firstly, the initial charge can be irrelevant. The court can dismiss any charge under the Crimes Sentencing and Procedures Act. This means no charge is laid, penalty endured or act recorded on the individual’s record.

Charges do, however, range as below:

  • 0.01 – 0.019 BAC – $1,100 fine, six month disqualification.
  • 0.02 – 0.049 BAC – $1,100 fine, six month disqualification.
  • 0.05 – 0.079 BAC – $1,100 fine, six month disqualification.
  • 0.08 – 0.149 BAC – $2,200 fine, nine month disqualification.
  • Over 0.150 – $3,300 fine, 18 month disqualification.

Other drink driving related charges and penalties

  • Refuse breath analysis – $3,300 fine, 18 month drivers licence disqualification.
  • Purposefully alter BAC – $3,300 fine, 18 month drivers licence disqualification.
  • Refuse breath test – $1,100 fine.

These charges relate to first-time offenders and BAC refers to blood alcohol concentration. (All charges are correct at the time of posting. For the most up-to-date information regarding traffic penalties in New South Wales, visit the NSW Police website.)

With all legal situations, it is recommended to seek professional guidance and advice. This doesn’t change when dealing with drink driving related matters and charges.

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