Charged With a Drink Driving Offence in NSW?

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.

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.

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.

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.

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.

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.