What Are the Penalties for First Offence Drink Driving?

What Are the Penalties for First Offence Drink Driving in NSW?

The penalties for a first offence drink driving in NSW depend entirely on which prescribed concentration of alcohol range you fall into. A first low, special or novice range offence can be dealt with by an on-the-spot penalty notice of $704 and a three-month licence suspension.

A first mid range offence carries a maximum court-imposed fine of $2,200, up to nine months imprisonment, and automatic disqualification of 12 months. A first high range offence carries a maximum fine of $3,300, up to 18 months imprisonment, and automatic disqualification of three years.

Those figures come from Transport for NSW and are current as at 1 July 2025. The range you are charged with is determined by your blood alcohol concentration and your licence type, and it drives everything that follows.

The PCA Ranges in NSW

Special category drivers include those driving vehicles such as taxis, buses and heavy vehicles, where a lower limit applies. If you hold a learner or provisional licence, any reading above zero puts you in the novice range.

First Offence Low, Special or Novice Range Penalties

This is the most common first offence category, and the only one that can be dealt with without going to court.

Transport for NSW confirms police can immediately suspend your licence for a low, special or novice range offence, and that a first offence may attract a three-month suspension and an on-the-spot fine.

“Automatic disqualification” means the period that applies if the court makes no specific order. A court can reduce it to the three-month minimum.

First Offence Mid Range Penalties

A mid range first offence must be dealt with by a court. There is no penalty notice option.

The interlock order is the change most people do not expect. A first mid range offence attracts one.

First Offence High Range Penalties

A first high range offence carries a real prospect of a custodial sentence, particularly where the reading is well above 0.15 or the driving was dangerous. It is not a matter to take to court unrepresented.

The Alcohol Interlock Program

If you are convicted of a mid or high range first offence, you will generally be subject to an alcohol interlock order. An interlock is a breath testing device fitted to your vehicle that prevents it starting if alcohol is detected, and the program requires a zero blood alcohol concentration.

Transport for NSW notes that where an interlock order applies, the disqualification period may differ from the standard tables, and that a court may grant an interlock exemption order only in very limited circumstances.

You must ask for an exemption at sentencing and prove why you should get it, which is a narrow test worth understanding before you walk into court.

Will a First Offence Give You a Criminal Record?

Transport for NSW states plainly that if you are convicted by a court for drink driving, the offence will remain on your criminal record. The word doing the work there is “convicted”: a court that finds an offence proved does not have to record a conviction. Section 10 of the Crimes (Sentencing Procedure) Act 1999 allows a court to deal with a matter without recording one, which is the difference between a first offence that follows you and one that does not.

A section 10 order is what most first offence drink driving matters are actually about. It is not automatic, it depends on what the court is told about you, and it is the single outcome worth preparing for.

Can You Go to Court Instead of Paying the Penalty Notice?

Yes. If you receive a penalty notice and immediate suspension for a drink driving offence, Transport for NSW confirms you can choose to go to court to appeal your suspension.

That decision carries a trade-off. Paying the notice means no court appearance and no conviction, but the suspension stands. Going to court opens the possibility of a better licence outcome while exposing you to a court-imposed fine of up to $2,200 rather than the $704 notice. Whether that favours you depends on how badly you need the licence and how strong your circumstances are.

What Else the Court Can Order

A drink driving matter is not only about the fine. Depending on the offence you may also face:

• Vehicle sanctions. Transport for NSW confirms police can confiscate a vehicle or licence plates where a driver has a previous drink or drug driving conviction in the last five years and offends again, for mid range, high range, combined, and refusal offences.
• The Driver Knowledge Test. Drivers convicted of two drink driving offences within a five year period must pass it again before being licensed.
• The Sober Driver Program or Traffic Offenders Intervention Program. Completion can be relevant at sentencing.

If police have already suspended your licence, you can appeal that suspension to the Local Court, but strict time limits apply and missing them closes the option off.

Frequently Asked Questions