Drink Driving Lawyers Sydney
We provide expert legal defence for drink driving charges, focusing on protecting your licence and avoiding a criminal conviction.
- Low, Mid & High Range PCA Defence
- Avoid Conviction & Keep Your Licence
- Minimise Fines & Disqualification
- Clear Legal Advice & Strategy
Lawyers Available 24/7
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Expert Defence for Your Drink Driving Charge
A drink driving charge in Sydney can be overwhelming, carrying serious consequences that threaten your licence, finances, and even your freedom.Â
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our team provides specialist legal advice and strategic defence for every type of drink driving offence. Our focus is on building a powerful case from the very beginning, challenging the evidence and fighting to have your charge withdrawn, downgraded, or dismissed with a Section 10 non-conviction.
We provide robust representation across the full spectrum of drink driving matters, including:
- High Range Drink Driving
- Mid Range Drink Driving
- Low Range Drink Driving
- Novice & Special Range PCA
- Driving Under the Influence (DUI)
- Refusing a Breath Test
What is a "Drink Driving" offence in NSW?
A drink driving charge in NSW is classified by your Prescribed Concentration of Alcohol (PCA) reading. The law creates distinct categories—Low, Mid, and High Range—each with escalating penalties. There is also a zero-alcohol limit for novice, provisional, and professional drivers.
Understanding which category your offence falls into is the first critical step, as it directly impacts the potential fine, licence disqualification period, and whether you face a criminal conviction or even imprisonment. Our expert drink driving solicitors will clarify your position and build a defence tailored to your specific charge.
Penalties for Drink Driving in NSW
Penalties for a First Major Drink Driving Offence
These penalties apply if you have not been convicted of another major traffic offence within the last 5 years.
| Offence Category | Maximum Fine | Maximum Prison | Licence Disqualification & Interlock Period |
|---|---|---|---|
| High Range PCA | $3,300 | 18 Months | 6-9 months disqualification, then 24 months interlock |
| Mid Range PCA | $2,200 | 9 Months | 3-6 months disqualification, then 12 months interlock |
| Low Range PCA | $2,200 | N/A | 3-6 months disqualification (if court-elected) |
| Novice/Special Range | $2,200 | N/A | 3-6 months disqualification (if court-elected) |
Penalties for a Second or Subsequent Offence
These harsher penalties apply if you have been convicted of another major traffic offence within the last 5 years.
| Offence Category | Maximum Fine | Maximum Prison | Licence Disqualification & Interlock Period |
|---|---|---|---|
| High Range PCA | $5,500 | 2 Years | 9-12 months disqualification, then 48 months interlock |
| Mid Range PCA | $3,300 | 12 Months | 6-9 months disqualification, then 24 months interlock |
| Low Range PCA | $3,300 | N/A | 1-3 months disqualification, then 12 months interlock |
| Novice/Special Range | $3,300 | N/A | 1-3 months disqualification, then 12 months interlock |
Immediate Licence Suspensions
For most mid and high-range drink driving charges, NSW Police can impose an immediate licence suspension on the spot. This means you lose your right to drive from that moment, long before your case is heard in court. This can have a devastating impact on your work, family, and daily life.
It is possible to appeal an immediate police suspension, but you must act quickly and provide compelling reasons to the court. We provide urgent legal advice to determine if you have grounds for an appeal and to get you back on the road pending your final court date.
Challenging On-the-Spot Fines & Suspensions
For many first-time Low, Novice, and Special Range offences, police may issue an on-the-spot fine and a 3-month licence suspension without a court attendance notice. You have the right to have the matter decided by a court, which is essential if you wish to seek a Section 10 and avoid a record.
The penalties for a drink driving charge can be complex. Our expert solicitors can provide clear legal advice on your specific situation and build the strongest possible defence to protect your licence and your future.
Pleading 'Not Guilty' to a Drink Driving Charge
If you believe you are not guilty of the drink driving offence, you have the absolute right to contest the charge. Pleading ‘not guilty’ requires the prosecution to prove every element of their case against you beyond a reasonable doubt at a defended hearing.
This is your opportunity to challenge the police evidence, cross-examine officers, and present your side of the story. Our carefully prepared and expertly argued ‘not guilty’ plea gives you the best possible chance of being acquitted, keeping your licence, and avoiding a criminal record.
Pleading 'Guilty' to a Drink Driving Charge
In cases where the evidence is strong, pleading guilty at the earliest opportunity is often the best strategy. It demonstrates remorse and entitles you to a discount on your sentence. However, simply pleading guilty is not enough; how your case is presented to the Magistrate is critical.
Our experienced lawyers will prepare powerful submissions on your behalf, highlighting your good character, your need for a licence, and any steps you’ve taken towards rehabilitation. This can persuade a court to impose a more lenient penalty, reduce the disqualification period, or even grant a Section 10 dismissal, meaning no conviction is recorded.
Defences to a Drink Driving Charge
It is a mistake to assume a drink driving charge cannot be beaten. There are legitimate legal defences available. For example, police must follow strict procedures when conducting a breath test, and any error can render the evidence inadmissible.
Other defences include proving you were not the driver, that you drove out of a genuine necessity, or challenging the accuracy of the reading itself (the ‘home safe’ rule). Daoud Legal: Sydney Criminal Defence & Traffic Lawyers will meticulously analyse the evidence to identify any available defence and fight to have your charge dismissed.
The Traffic Offenders Intervention Program (TOIP)
Completing an approved Traffic Offenders Intervention Program (TOIP) is one of the most effective ways to improve your outcome at court. This educational course demonstrates to the Magistrate that you understand the seriousness of your offence and have taken proactive steps to ensure it won’t happen again.
Successfully completing the program shows remorse and a commitment to road safety, which can be a powerful factor in persuading a court to grant leniency. We can guide you on enrolling in a program that is well-regarded by the courts to strengthen your case.
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What Our Clients Say
- Ironclad Defence
We build a powerful & proactive defence from the very beginning. We prepare & identify every weakeness in the prosecution’s case to secure your defence.
- Fierce Advocacy
Our lawyers are your fierce advocates, both in & out of the courtroom. We are committed to protecting your rights, your future, and your peace of mind with fearless representation.
Have Sydney's Best Criminal & Traffic Lawyers On Your Side
When you face a criminal or traffic charge, having a formidable legal team in your corner is not a luxury – it’s a necessity. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our reputation for relentless advocacy and strategic excellence is why we are consistently involved in significant, high-profile cases.
Our work, often highlighted by the media, demonstrates our commitment to every client. We apply the same level of tenacity and expert skill to your case, ensuring you feel protected and have a clear path forward.
Upfront, Fixed-Fee Representation
1st Legal Strategy Session
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Why Choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers
A Winning Record
With a formidable track record, we have a history of winning cases. We focus on having drink driving charges dropped, securing ‘not guilty’ verdicts, and saving our clients’ licences.
Expert Traffic Law Specialists
Our senior lawyers have over 40 years of combined experience in traffic law. Their deep knowledge of legal strategy and courtroom procedure provides a significant advantage for your defence.
Free Strategy Session & 24/7 Help
We offer a free initial Strategy Session to assess your case and outline your options. Our team is available 24/7 because when you're facing a drink driving charge, immediate legal advice is crucial.
Penalty Reduction Achieved
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FAQs
What are the main types of drink driving offences in NSW?
The main offences are based on your Prescribed Concentration of Alcohol (PCA). These are categorised as Novice Range, Special Range, Low Range, Mid Range, and High Range, with each category carrying different penalties. There is also a distinct offence for Driving Under the Influence (DUI).
Is a drink driving offence a criminal offence?
Yes, a drink driving offence is a criminal offence in NSW. If you are convicted by the court, you will receive a criminal record, which can have serious consequences for your employment and international travel.
Will I definitely lose my licence if I’m guilty of drink driving?
Not necessarily. The only way to plead guilty and avoid a licence disqualification is for the court to grant a Section 10 dismissal or a Conditional Release Order without recording a conviction. Our lawyers fight to achieve this outcome where possible.
What is a Section 10 dismissal?
A Section 10 is an order where a Magistrate finds you guilty of an offence but chooses not to record a criminal conviction. This means you avoid a criminal record, licence disqualification, and fines for the drink driving offence.
Can the police take my licence on the spot?
Yes. For most mid-range and all high-range drink driving charges, NSW Police have the power to issue an immediate, on-the-spot licence suspension. This means you are prohibited from driving from that moment until your case is finalised in court.
I’ve been charged with High Range PCA. Am I going to jail?
A sentence of imprisonment is a very real possibility for a High Range drink driving offence, especially for repeat offenders or where there are aggravating factors. However, a strong legal defence prepared by an expert solicitor can help you avoid jail by arguing for an alternative sentence.
What are the penalties for a Mid Range drink driving charge?
A Mid Range PCA offence carries significant penalties, including large fines, a mandatory licence disqualification, a period of using an alcohol interlock device, and even potential imprisonment.
Are there any defences to a drink driving charge?
Yes. A drink driving charge can be defended. Common defences include challenging the accuracy of the breath analysis reading (e.g., if your BAC was lower at the time of driving), proving you were not the driver, or demonstrating that police did not follow the correct legal procedures.
Should I plead guilty or not guilty?
This is a critical strategic decision that depends on the evidence against you. If there is a valid defence, pleading ‘not guilty’ is your right. If the evidence is strong, an early guilty plea can result in a more lenient sentence. We provide expert legal advice on the best plea for your specific situation.
What happens if I plead guilty?
Pleading guilty shows remorse and entitles you to a discount on your sentence. However, the outcome depends on how your case is presented. An experienced lawyer will prepare strong submissions to persuade the court to grant the most lenient penalty possible.
What is the Traffic Offenders Intervention Program (TOIP)?
The TOIP is an educational course approved by the court. Completing it demonstrates to the Magistrate that you understand the seriousness of drink driving and have taken steps to ensure you do not re-offend.
Will completing a TOIP help my case?
Yes, very much so. Magistrates view the successful completion of a TOIP favourably, as it shows remorse and a commitment to road safety. It can significantly increase your chances of receiving a more lenient penalty, including a Section 10.
Can I get a restricted or work licence in NSW for drink driving?
No. Unlike some other states, NSW does not have a ‘work licence’ or restricted licence system for people disqualified for drink driving. If you are disqualified, you cannot drive for any reason.
What is the alcohol interlock program?
The mandatory alcohol interlock program applies to all mid-range and high-range offenders, and all repeat drink driving offenders. It requires you to have a device fitted to your vehicle for a set period, which prevents the car from starting if it detects alcohol on your breath.
What’s the difference between PCA and DUI?
A PCA charge is based on the specific concentration of alcohol measured in your breath or blood. A DUI (Driving Under the Influence) charge is based on police observations that your ability to drive was impaired by alcohol, even if a specific reading wasn’t obtained.
I was just over the limit for Low Range PCA. Is it still serious?
Yes. Even a Low Range PCA offence can result in a fine, licence disqualification, and a criminal conviction. It is a mistake to treat any drink driving charge as minor.
How can a drink driving lawyer help me?
Our expert lawyers will analyse the evidence, identify any available defences, and provide clear legal advice. We handle all court procedures, prepare powerful submissions, and advocate on your behalf to achieve the best possible outcome, whether that’s having the charge dismissed or minimising the penalties.
What should I do if I’ve been charged?
You should seek expert legal advice immediately. Strict time limits can apply, especially for appealing an immediate suspension. The sooner you engage a solicitor, the sooner we can start building a strong defence for your case.
How should I prepare for my court date?
Proper preparation is critical. This includes gathering character references, enrolling in a Traffic Offenders Program, and preparing your own account of events. We will guide you through every step of the preparation process to ensure your case is as strong as possible.
What if this is my first offence?
The court may show more leniency for a first-time offence, but the penalties are still severe. Having no prior criminal record is a significant factor that your lawyer will emphasise when arguing for a Section 10 non-conviction to protect your good name.
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