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 and outlines the penalties for driving under the influence of alcohol and drugs in NSW. (For more information, please click https://www.rms.nsw.gov.au/roads/safety-rules/demerits-offences/drug-alcohol/drug-alcohol-offences.html)
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 |