If you are convicted of driving with a blood alcohol level that is over the limit for your licence, you could lose your driver's licence. You may also
Be sent to prison.
Be restricted to driving an automatic vehicle.
Have a personal speed limit imposed on you.
You may be sent to prison for driving with excess blood alcohol.
Penalties for drink driving in New South Wales
| Offence | Maximum fine | Maximum jail | Automatic disqualification | Minimum disqualification |
|---|---|---|---|---|
| Drink driving penalties in NSW – First Major offence* within 5 years | ||||
| Novice range PCA 0.01 – 0.019 | $1,100 | Nil | 6 months | 3 months |
| Special range PCA 0.02 – 0.049 | $1,100 | Nil | 6 months | 3 months |
| Low range PCA 0.05 - 0.079 | $1,100 | Nil | 6 months | 3 months |
| Mid range PCA 0.08 - 0.149 | $2,200 | 9 months | 12 months | 6 months |
| High range PCA over 0.150 | $3,300 | 18 months | 3 years | 12 months |
| Driving under the influence (DUI) | $2,200 | 9 months | 12 months | 6 months |
| Refuse breath analysis | $3,300 | 18 months | 3 years | 12 months |
| Wilfully alter blood concentration | $3,300 | 18 months | 3 years | 12 months |
| Refuse breath test | $1,100 | Nil | 6 months | Nil |
| Drink driving penalties in NSW – Second or subsequent major offence within 5 years | ||||
| Novice range PCA (0.00 – 0.019) | 2200 | Nil | 12 months | 6 months |
| Special range PCA ( 0.02 – 0.049 ) | 2200 | Nil | 12 months | 6 months |
| Low range PCA ( 0.05 - 0.079 ) | 2200 | Nil | 12 months | 6 months |
| Mid range PCA ( 0.08 - 0.149 ) | 3300 | 12 months | 3 years | 12 months |
| High range PCA ( over 0.150 ) | 5500 | 2 years | 5 years | 2 years |
| Driving under the influence (DUI) | 3300 | 12 months | 3 years | 12 months |
| Refuse breath analysis | 5500 | 2 years | 5 years | 2 years |
| Wilfully alter blood concentration | 5500 | 2 years | 5 years | 2 years |
| Refuse breath test | 1100 | Nil | ||
If you are caught drink driving then you do have some rights. Legal Aid NSW explains some of your options.
Drink driving offences are among the most common offences dealt with by local courts in New South Wales.
The blood alcohol content is measured in terms of a low, medium or high range Prescribed Concentration of Alcohol (PCA).
If you cause a death due to driving with excess blood alcohol, historically 84% of drivers receive a jail term.