Overview of Traffic Offences

Whether you have been charged with driving under the influence of alcohol or drugs; or any other driving offence; or seek to appeal against a licence suspension, Martin Ricci and The Law Practice will ensure that you achieve the best possible outcome.

The following extract is from the Roads and Maritime Services website (1) and outlines the penalties for driving under the influence of alcohol and drugs in NSW.

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

1 https://www.rms.nsw.gov.au/roads/safety-rules/demerits-offences/drug-alcohol/drug-alcohol-offences.html