Driving offences in NSW

The privilege to hold a driver’s licence comes with the responsibility to drive in a manner that is deemed safe to the public.

There are a wide range of driving offences that can leave you without a licence, below we outline some of the most common offences and their penalties.

Drink driving:

Drink driving is referred to as Prescribed Concentration of Alcohol (“PCA”) and is separated into 5 main categories. Each of these categories carries a disqualification period, a financial penalty and requires a driver to participate in a mandatory alcohol interlock period for mid- range and high-range offences. The standard period of disqualifications for first offences are as follows:

• Low-range PCA, the standard period of disqualification is 3 months, with a minimum period of 1 month under Court orders.

• Mid-range PCA, the standard period of disqualification is 6 months, with a minimum period of 3 months under Court orders and a mandatory Interlock period of 12 months.

• High-range PCA carries a standard disqualification of 12 months, with a minimum period of 6 months under Court orders and a mandatory Interlock period of 18 months.

Second or subsequent offences within a 5 year period carry higher penalties, including longer suspension periods, higher financial penalties and longer periods of the mandatory alcohol interlock program. If you fail to enter into the alcohol interlock program, your licence can be suspended for a period of 5 years from the date of sentencing.

Drug driving:

Drug driving involves driving with an illicit substance in your system, such as THC (the active ingredient in cannabis), MDMA (contained in ‘ecstasy’ pills), amphetamines or cocaine.

Similar to a PCA charge, the prosecution is not required to prove that you were actually affected by the drugs at the time of driving – it is enough to say that you simply had drugs in your system.

The standard disqualification period for a first time drug driving offence is 6 months, with a minimum period of 3 months under Court orders, and a penalty of up to $2,200.

Driving while disqualified/suspended:

Driving while disqualified or suspended is a serious offence and can carry a penalty of up to $3,300, as well as further periods of disqualification. In addition, it is at the Court’s discretion to implement a term of imprisonment for up to 6 months of a first offence. For second or subsequent offences, a fine of up to $5,500 and a term of imprisonment for up to 12 months may apply.

If you present at the local court for one of the above offences, the Magistrate will review your driving history.

It should be noted that the demerit points associated with the above charges can also lead to a further period of suspension which will begin once the suspension or disqualification for the offence itself has concluded.

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