Offences and penalties
Offences and penalties related to driving under the influence of alcohol and drugs in NSW.
Drink and drug driving reforms
From 20 May 2019, tougher penalties apply for lower range drink driving offences, and for driving with the presence of an illicit drug. The change is part of a number of reforms in the Road Safety Plan 2021 to reduce alcohol and drug related trauma on NSW roads.
High range PCA (0.15 or above), refuse breath analysis, a blood sample and/or alter concentration in the blood
Note: If an offender is issued with an alcohol interlock order, the disqualification period may differ from those listed in this table.
Penalty | First offence | Second or subsequent offence |
---|---|---|
Maximum court- imposed fine | $3,300 | $5,500 |
Maximum prison term | 18 months | 2 years |
Minimum disqualification | 12 months | 2 years |
Maximum disqualification | Unlimited | Unlimited |
Automatic disqualification (disqualification period that applies in the absence of a specific court order) | 3 years | 5 years |
Immediate licence suspsion | Yes | Yes |
Subject to an alcohol interlock order | Yes | Yes |
Mid range PCA (blood alcohol concentration of 0.08 to less than 0.15)
Note: If an offender is issued with an alcohol interlock order, the disqualification period may differ from those listed in this table.
Penalties | First offence | Second or subsequent offence |
---|---|---|
Maximum court- imposed fine | $2,200 | $3,300 |
Maximum prison term | 9 months | 12 months |
Minimum disqualification | 6 months | 12 months |
Maximum disqualification | Unlimited | Unlimited |
Automatic disqualification (disqualification period that applies in the absence of a specific court order) | 12 months | 3 years |
Immediate licence suspension | Yes | Yes |
Subject to an alcohol interlock order | Yes | Yes |
Low, novice or special range PCA
- Low range PCA: blood alcohol concentration of 0.05 to less than 0.08
- Novice range PCA: blood alcohol concentration more than zero for learner, P1 or P2 drivers
- Special range PCA: blood alcohol concentration over 0.02 for special category drivers
Note: If an offender is issued with an alcohol interlock order, the disqualification period may differ from those listed in this table.
Penalty | First offence | Second or subsequent offence |
---|---|---|
Penalty notice fine | $572 | N/A |
Immediate licence suspension | Yes | Yes |
Maximum court- imposed fine | $2,200 | $3,300 |
Maximum prison term | N/A | N/A |
Minimum disqualification | 3 months | 6 months |
Maximum disqualification | 6 months | Unlimited |
Automatic disqualification (disqualification period that applies in the absence of a specific court order) | 6 months | 12 months |
Subject to an alcohol interlock order | No | Yes |
Drive under the influence of alcohol or another drug
Note: If an offender is issued with an alcohol interlock order, the disqualification period may differ from those listed in this table.
Penalty | First offence | Second or subsequent offence |
---|---|---|
Maximum court- imposed fine | $3,300 | $5,500 |
Maximum prison term | 18 months | 2 years |
Minimum disqualification | 12 months | 2 years |
Maximum disqualification | Unlimited | Unlimited |
Automatic disqualification (disqualification period that applies in the absence of a specific court order) | 3 years | 5 years |
Subject to an alcohol interlock order | Yes (alcohol offences only) | Yes (alcohol offences only) |
Cannabis, speed/ice, MDMA/ecstasy, or cocaine in oral fluid, blood or urine
Drive with the presence of any of the following drugs in oral fluid, blood or urine:
- Active THC (Cannabis)
- Methylamphetamine (Speed/ice)
- Methylenedioxymethylamphetamine (MDMA or 'ecstasy') or
- Cocaine
Penalty | First offence | Second or subsequent offence |
---|---|---|
Penalty notice fine | $572 | N/A |
Licence suspension (if offence is dealt with through a penalty notice) | 3 months | N/A |
Maximum court- imposed fine | $2,200 | $3,300 |
Minimum disqualification | 3 months | 6 months |
Maximum disqualification | 6 months | Unlimited |
Automatic disqualification (disqualification period that applies in the absence of a specific court order) | 6 months | 12 months |
Morphine in blood or urine
Drive with the presence of morphine in blood or urine (unless proven for medical use).
Penalty | First offence | Second or subsequent offence |
---|---|---|
Maximum court- imposed fine | $2,200 | $3,300 |
Minimum disqualification | 3 months | 6 months |
Maximum disqualification | 6 months | Unlimited |
Automatic disqualification (disqualification period that applies in the absence of a specific court order) | 6 months | 12 months |
Refuse to provide samples
Refuse to provide oral fluid sample or refuse or fail to submit to providing a blood sample when unable to provide an oral fluid sample.
Penalty | First offence | Second or subsequent offence |
---|---|---|
Maximum court- imposed fine | $3,300 | $5,500 |
Maximum prison term | Not applicable | 18 months |
Minimum disqualification | 6 months | 12 months |
Maximum disqualification | Unlimited | Unlimited |
Automatic disqualification (disqualification period that applies in the absence of a specific court order) | 3 years | 5 years |
Subject to an alcohol interlock order | Yes | Yes |
Introduce or alter the amount of a drug in oral fluid or blood
Wilfully introduce or alter the amount of a drug in oral fluid or blood after being required to provide an oral fluid or blood sample.
Penalty | First offence | Second or subsequent offence |
---|---|---|
Maximum court- imposed fine | $3,300 | $5,500 |
Minimum disqualification | 6 months | 12 months |
Maximum disqualification | Unlimited | Unlimited |
Automatic disqualification (disqualification period that applies in the absence of a specific court order) | 3 years | 5 years |
After a fatal accident
Refuse to submit to taking of a blood or urine sample after involvement in a fatal crash or wilfully introduce or alter the amount of a drug in blood or urine after involvement in a fatal crash.
Penalty | First offence | Second or subsequent offence |
---|---|---|
Maximum court- imposed fine | $3,300 | $5,500 |
Maximum prison term | 18 months | 2 years |
Minimum disqualification | 6 months | 12 months |
Maximum disqualification | Unlimited | Unlimited |
Automatic disqualification (disqualification period that applies in the absence of a specific court order) | 3 years | 5 years |