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Drinking & Driving Offences

Drink Driving Lawyers Sydney & The Hills District

A drink driving charge in New South Wales is a high-stakes legal matter that can result in an immediate police suspension, heavy fines and, for serious or repeat offences, a term of imprisonment. Most drink driving convictions also trigger the Mandatory Alcohol Interlock Program, requiring you to install a breath-testing device in your vehicle at your own expense.

At Hughes Law, we provide a level of expertise that few other firms can offer. Principal Belinda Hughes is the former Head of Prosecutions for Transport for NSW (TfNSW). Having led the teams that prosecuted these exact offences for the state, Belinda understands the technicalities of breath analysis, police procedure and the specific legal avenues available to protect your driver licence.

NSW Drink Driving Penalties (PCA)

In NSW, drink driving is categorised by your Prescribed Concentration of Alcohol (PCA). The penalties increase significantly if it is your second “major offence” within five years.

Alcohol Level Range 1st Offence Max Fine 1st Offence Min. Disqualification Max Prison
Novice 0.00 – 0.019 $1,100 3 Months N/A
Special 0.02 – 0.049 $1,100 3 Months N/A
Low Range 0.05 – 0.079 $1,100 3 Months N/A
Mid Range 0.08 – 0.149 $2,200 6 Months 9 Months
High Range 0.15 + $3,300 12 Months 18 Months

Note: High Range and repeat offences usually trigger the Mandatory Interlock Program.

How We Protect Your Future

Many people assume that once a breathalyser reading is recorded, the case is closed. However, a drink driving charge is a technical legal process, and there are multiple ways to challenge the evidence or argue for a more lenient result.

When you engage Hughes Law, we look for every available avenue to protect your record:

  • Analysing Police Procedure: We review the timing and location of your breath analysis. Under NSW law, there are strict limits on when and where police can legally require a test. If these procedures were not followed correctly, the evidence against you may be inadmissible.
  • Challenging the Reading: Breath analysis equipment is not infallible. We examine maintenance records and, where appropriate, work with pharmacological experts to prove your actual blood alcohol level was lower at the time of driving than when you were tested at the station.
  • Negotiating for a “Non-Conviction”: For many clients, the primary goal is a Section 10 dismissal. This is a result where the court finds the offence proven but chooses not to record a conviction. This allows you to avoid a criminal record and, crucially, keep your driver licence.

Expert Guidance Through the Sentencing Process

If you choose to plead guilty, the way your case is presented to the Magistrate is the difference between keeping your licence and a lengthy disqualification. We guide you through a proven strategy to achieve the most lenient sentence:

  • The Traffic Offender Intervention Program (TOIP): We ensure you enrol in this court-recognised course. Completing TOIP is the most effective way to show the court you have taken responsibility and reduced your risk of reoffending.
  • Building a “Hardship” Case: We help you prepare character references and evidence of “extraordinary hardship.” If losing your licence means losing your job or being unable to care for a family member, we ensure the Magistrate understands the full impact of a disqualification.
  • Avoiding the Interlock Program: The Alcohol Interlock Program is expensive and intrusive. We specialise in making applications for exemptions based on medical or financial grounds to help you avoid having a breath-testing device fitted to your car.

Urgent Call: Have You Been Issued a Suspension?

If police have suspended your licence on the spot, you may only have 28 days to lodge an appeal to stay on the road while your case is pending. Do not wait until your court date to seek help.

Call 0422 388 370 | Email: [email protected]

Sydney CBD Office: Level 21, 233 Castlereagh Street, Sydney NSW 2000

Hills District Office: Level 5, Nexus Norwest, 4 Columbia Court, Baulkham Hills NSW 2153 

Suburbs We Serve

 We regularly represent clients in drink driving matters at the Downing Centre, Parramatta, Blacktown and Burwood courts:

  • The Hills District: Baulkham Hills, Castle Hill, Norwest, Kellyville, Rouse Hill, Bella Vista and Dural.
  • Western Sydney: Parramatta, Blacktown, Seven Hills, Penrith and Westmead.
  • Sydney CBD: Central Sydney, Surry Hills, Pyrmont and Darlinghurst.

    Frequently Asked Questions

    What is the difference between DUI and PCA?
    PCA (Prescribed Concentration of Alcohol) is based on a scientific reading from a breathalyser. DUI (Driving Under the Influence) is based on a police officer’s observation of your driving and behaviour, even if a breath reading is not available.
    Can I get a Section 10 for Mid Range Drink Driving?
    Yes, it is possible for first-time offenders. We focus on proving your good character, your need for a licence for work or family, and your completion of rehabilitation programs to sway the Magistrate’s discretion.
    Will I go to jail for High Range Drink Driving?
    While High Range PCA carries a maximum penalty of 18 months imprisonment, jail is generally reserved for repeat offenders or cases with “aggravating features” like accidents or high speeds. We focus on securing community-based sentences to keep you out of custody.
    Should I give a statement to the police?
    No. Aside from providing your name and address and complying with the breath test, you have the right to remain silent. Speak to us before participating in any formal police interview.
    What should I bring to court?
    You should provide your solicitor with your age, employment details, weekly earnings, and a detailed explanation of why you were driving. You should also arrange character references addressed to “The Presiding Magistrate.”