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Charged With Drink Driving in NSW ?

Charged With Drink Driving - Criminal Law Group

If you have recently been charged with a drink driving offence in New South Wales, you are likely feeling overwhelmed and for good reason. Drink driving is treated as a serious criminal offence, not just a traffic matter. From the moment you are stopped, the police may suspend your licence on the spot, and within days or weeks, you could be facing the Local Court. Depending on your blood alcohol concentration (BAC), the consequences can be severe. A low, novice, or special range reading (under 0.08) may result in a fine of $704, immediate licence suspension, and a disqualification period of up to six months. If your reading is in the mid-range (between 0.08 and 0.149), the penalties increase significantly including fines up to $3,300, a longer disqualification period, and even a custodial sentence of up to 12 months. A high-range offence (0.15 and above) carries the harshest consequences, with maximum penalties including a $5,500 fine, disqualification of up to five years, and up to two years’ imprisonment. Refusing or failing to provide a sample is prosecuted just as seriously as high-range drink driving.

At Criminal Law Group, we understand the anxiety and uncertainty this process creates. Our lawyers practise exclusively in criminal and traffic law, and we appear in court every day defending clients just like you. We don’t offer false promises we provide clear, strategic advice from the outset, and fight for every opportunity to reduce your penalties or avoid a conviction altogether.

When your freedom, your licence, and your future are at stake, there’s no room for guesswork. Speak with one of our criminal defence lawyers today for a free no-obligation consultation. It’s confidential, strategic, and focused on protecting your licence, your record and your future.

Charged With Drink Driving - Criminal Law Group

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Your Drink Driving Defence – Step by Step:

Being charged with a drink driving offence is a serious matter. It can impact your driver’s licence, employment, and potentially result in a criminal record. At Criminal Law Group, we provide clear, practical legal advice and a strategic defence tailored to your individual circumstances. From the outset, our role is to ensure you understand the charge, assess your legal options, and prepare your case thoroughly to achieve the best possible outcome.

We’ve represented countless of clients across Sydney and New South Wales for drink driving matters from low-range to high-range PCA, and refusal charges. Our 5-step drink driving defence process is designed to simplify the legal process, protect your rights, and work towards the best possible outcome for your case.

Step1

Urgent Legal Advice

If you have been charged, arrested, or contacted by police, your next move is critical. Our criminal defence lawyers are available 24/7 to give you immediate, confidential legal advice before you say or do anything that could harm your case. Early advice can mean the difference between a conviction and a dismissal. Whether you’re facing a first-time drink driving charge or a more serious PCA or refusal offence, we act quickly to protect your rights, liaise with police, and take control of the situation from the outset. Don’t delay getting legal advice speak with an experienced Sydney drink driving lawyer today.

Step2

Free Case Review

You will receive a free, confidential case assessment directly with one of our experienced criminal defence lawyers. We will listen to your version of events, explain the charges in plain English, and give you clear advice about your legal options. No legal jargon or guesswork, just real answers about your position, possible penalties, and what you need to do next. We will also guide you on what to bring, how to prepare for court, and how to avoid common mistakes. This is where your defence begins with clarity, control, and trusted legal advice.

Step3

Strategic Preparation

Based on your individual circumstances, we’ll guide you on the supporting material needed for your drink driving matter. This may include character references, proof of enrolment or completion of a Traffic Offender Program, medical or work-related documents, and evidence of any mitigating circumstances. These materials play a vital role in demonstrating your remorse, rehabilitation, and personal background to the court. Before your hearing, we will carefully review all documents, provide feedback, and ensure everything is court ready. Our goal is to present the strongest possible case and maximise your chances of avoiding a conviction or disqualification period.

Step4

Court Representation

When you’re facing court for a drink driving offence, you need more than legal advice, you need a defence lawyer who knows how to get results. We appear daily in Local Courts across Sydney and NSW representing clients charged with low-range, mid-range, high-range, and refusal offences. Whether it’s your first offence or not, we speak on your behalf with preparation, precision, and purpose. From sentencing submissions to negotiations and contested hearings, we aim to minimise disqualification, reduce fines, and, where appropriate, help you avoid a conviction. With us in your corner, you’ll never face court alone.

Step5

Outcome Secured

Our role doesn’t end with the court outcome. If your drink driving charge is dismissed or withdrawn, we provide clear closure, explain the legal implications, and advise whether a costs application may be appropriate. If you’re convicted or plead guilty, we take the time to walk you through the result, including disqualification periods, interlock requirements, and fines. Where relevant, we’ll give you honest, strategic advice on appeal prospects. Our team regularly appears in the District Court on drink driving conviction and severity appeals, and we act quickly to protect your rights when an appeal is in your best interests.

Frequently Asked Questions

What should I do if I’ve been charged with drink driving?

If you’ve been charged with drink driving in NSW, your first step should be to seek immediate legal advice. These offences carry significant consequences, including automatic licence disqualification, substantial fines, interlock orders, and in some cases, a criminal conviction. Do not plead guilty or attend court without guidance from an experienced lawyer. At Criminal Law Group, we’ll assess your situation, review the police evidence, and provide clear advice on whether to contest the charge or enter a plea. Early intervention is critical. The way your case is handled from day one can make a substantial difference to the outcome.

Will I lose my licence if I’m convicted of drink driving?

Most drink driving offences in NSW carry mandatory disqualification periods. The duration depends on your blood alcohol reading, whether it’s a first or subsequent offence, and how the court determines your matter. For low-range, mid-range, or high-range PCA, the law sets minimum and automatic disqualification periods — but these can vary depending on how the court exercises discretion.

In some first-offence cases, particularly those involving low-range/mid-range PCA and strong mitigating factors, the court may impose a non-conviction. This would mean no disqualification and no criminal record.

At Criminal Law Group, we carefully assess whether this outcome is realistically available in your case. Where appropriate, we prepare supporting evidence — including character references, Traffic Offender Program certificates, and submissions addressing your personal circumstances — to maximise your chances of avoiding a licence suspension.

Every case is different. We provide advice tailored to your situation, focused on achieving the best possible result.

Can I avoid a criminal conviction for drink driving?

Yes, in many first-offence drink driving cases, it is possible to avoid a criminal conviction. This outcome depends on several factors, including the seriousness of the offence, your personal circumstances, and how your case is presented in court.

Avoiding a conviction is not automatic. It requires thorough preparation and the right legal strategy. At Criminal Law Group, we focus on building a persuasive case that highlights your character, remorse, and any steps you’ve taken towards rehabilitation — such as completing a recognised traffic offender program. Supporting material, including strong references, can also make a significant difference.

We’ve helped countless clients avoid convictions and protect their driving record, especially where the offence is out of character. If you’re eligible for a non-conviction outcome, we’ll guide you through exactly what’s needed to give you the best possible chance of walking away without a mark on your record.

What is the difference between low-range, mid-range, and high-range PCA?

PCA refers to your blood alcohol concentration (BAC) at the time of the alleged offence. The result determines how the charge is classified:
Novice Range PCA: more than 0.00 but less than 0.02
Special Range PCA: 0.02 to less than 0.05
Low Range PCA: 0.05 to less than 0.08
Mid Range PCA: 0.08 to less than 0.15
High Range PCA: 0.15 and above

The higher the reading, the more serious the penalties. Low-range matters can still result in licence disqualification, fines, and a criminal record, particularly without proper legal representation. Mid-range and high-range offences carry harsher consequences, including longer disqualification periods, interlock program requirements, and in some cases, the possibility of a custodial sentence.

At Criminal Law Group, we don’t treat drink driving charges as routine. We take the time to assess the specific range, the surrounding circumstances, and your personal background to deliver a tailored defence strategy. Whether you’re aiming to keep your licence, avoid a conviction, or reduce the penalty, we’ll make sure your case is presented with clarity, strength, and precision.

Do I need a lawyer for my drink driving matter?

Yes, and it can make a significant difference to the result. Drink driving is a criminal offence in NSW, and the consequences can extend well beyond a fine. You could lose your licence, end up with a permanent criminal record, face impacts on your job, travel, and insurance. How your case is prepared and presented will directly affect the outcome.

At Criminal Law Group, we guide you through the entire process. We’ll make sure you know exactly what documents to prepare before your court date including character references, a letter from your employer (if applicable), a personal letter of remorse, and proof of completion of a Traffic Offender Program. These materials are essential in presenting your circumstances in the best possible light.

Our role is to ensure all relevant mitigating factors are clearly and persuasively put before the court. In suitable cases, this preparation can help you avoid a conviction or licence disqualification. And where those outcomes cannot be avoided, it allows us to argue for the minimum penalty available.

What documents should I bring to my first free consultation?

To give you accurate advice from the outset, please bring your Court Attendance Notice, any documents provided by police including the Fact Sheet, breath or blood analysis results, suspension notice, fines, and any other paperwork you’ve received. If available, a copy of your traffic history is also helpful.

You don’t need to prepare personal material like character references or letters in advance. Once we’ve reviewed the charge and discussed the matter in detail, we’ll advise exactly what documents are needed to support your case. If you have any medical documents or other material you believe may be relevant, feel free to bring them — and we’ll let you know whether they assist

During your free conference, we’ll explain what’s required and advise on how to build the strongest possible case before your court date.