You see the flashing lights in your rear-view mirror. Your stomach drops. The roadside breath test comes back positive. Within minutes, your licence is suspended, and you’re handed a Court Attendance Notice. If you’ve been caught drink driving, understanding what happens next is critical to protecting your rights and minimising the consequences.
The process following a drink driving charge in New South Wales follows a strict legal framework under the Road Transport Act 2013 (NSW). From the moment police pull you over to your final court appearance, each step involves specific procedures, timeframes, and legal obligations. This guide walks you through the entire process, explaining what to expect and when you need to act.
By the Numbers
- —According to Transport for NSW, drink driving is a factor in approximately 15% of all fatal crashes in New South Wales annually
- —The Bureau of Infrastructure and Transport Research Economics (BITRE) reports that in 2022, there were over 20,000 drink driving offences prosecuted in NSW courts
- —NSW Bureau of Crime Statistics and Research data shows that approximately 85% of drink driving charges result in a conviction at the Local Court level
What Happens Immediately After Being Stopped: Roadside Testing and Police Procedures
When police stop you for a random breath test or because they suspect you’ve been drinking, they will first conduct a roadside screening test using a handheld breath testing device. This initial test provides an indication of whether alcohol is present in your system.
If the roadside test returns a positive result, police will require you to accompany them to either a police station or a mobile breath analysis unit. Under section 110 of the Road Transport Act 2013 (NSW), you are legally obligated to provide a breath analysis sample. Refusing to provide a sample is itself a criminal offence carrying penalties equivalent to high-range drink driving.
The breath analysis device at the station provides an evidential reading that will form the basis of any prosecution. Police will conduct two breath tests, and the lower of the two readings becomes your official blood alcohol concentration (BAC). You have the right to request a blood test as an alternative, though this must be conducted by a medical practitioner and at your own expense.
If your reading exceeds the legal limit for your licence type, police will issue you with a Court Attendance Notice and immediately suspend your licence under section 205 of the Road Transport Act 2013 (NSW). The suspension takes effect from that moment, and you cannot legally drive until your court matter is finalised. Police will also provide you with written notice of the suspension period.
Understanding Your Charge: PCA Ranges and Offence Categories
Drink driving offences in NSW are categorised by your blood alcohol concentration and your licence type. Section 111 of the Road Transport Act 2013 (NSW) establishes prescribed concentration of alcohol (PCA) offences across several categories, each carrying different penalties.
For novice drivers, special licence holders (such as those driving buses or heavy vehicles), and learner or provisional licence holders, the limit is 0.00 to 0.02. Any reading above zero for these licence categories constitutes an offence. For full licence holders, the categories are more nuanced.
Low-range PCA applies to readings between 0.05 and 0.079. This is the least serious category for full licence holders but still carries mandatory licence disqualification. Mid-range PCA covers readings from 0.08 to 0.149, while high-range PCA applies to any reading of 0.15 or above. The higher your reading, the more severe the mandatory minimum penalties.
Understanding which category your charge falls into is essential because it determines the minimum disqualification period, maximum fine, and whether imprisonment is a possibility. For detailed information about drink driving penalties and available defences in NSW, the specific consequences vary significantly between categories and whether this is a first or subsequent offence.
The Court Attendance Notice: What It Means and Your Legal Obligations
The Court Attendance Notice (CAN) is the formal charging document issued under the Criminal Procedure Act 1986 (NSW). It specifies the offence you are charged with, the date and time you must appear at court, and the location of the court where your matter will be heard.
All drink driving matters in NSW are heard in the Local Court, which has jurisdiction over summary offences including all PCA charges. Depending on where you were stopped, your matter will typically be listed at the Local Court nearest to the offence location. For residents of Western Sydney, this often means Fairfield Local Court or Liverpool Local Court.
The court date listed on your CAN is usually scheduled between six and ten weeks from the date of the offence. This first appearance is not a trial but rather a mention, where you will be asked to enter a plea of guilty or not guilty. You must attend court on the specified date unless you have engaged a solicitor who can appear on your behalf.
The CAN will also list the maximum penalty for the offence. For low-range PCA, the maximum fine is 10 penalty units (currently $1,100) for a first offence. Mid-range carries a maximum fine of 20 penalty units and potential imprisonment of up to nine months. High-range offences carry maximum penalties of 30 penalty units and up to 18 months imprisonment for first offences.
What Happens to Your Licence: Immediate Suspension and Disqualification Periods
The immediate suspension of your licence occurs at the police station when you provide a breath analysis reading above the legal limit. This administrative suspension under section 205 of the Road Transport Act 2013 (NSW) remains in effect until your matter is finalised in court, at which point the court will impose a formal disqualification period.
The distinction between suspension and disqualification is important. Suspension is the immediate loss of your licence pending court proceedings. Disqualification is the court-imposed penalty that begins after your matter is finalised. The period of suspension is typically credited toward your total disqualification period, meaning the time you have already been off the road counts toward the penalty.
Mandatory minimum disqualification periods are set by legislation and vary by offence category. For a first low-range PCA offence, the minimum disqualification is three months. Mid-range attracts a minimum six-month disqualification, while high-range carries a minimum nine-month disqualification. These are minimums, and the court has discretion to impose longer periods based on the circumstances of your case.
For repeat offenders, the mandatory minimums increase substantially. A second low-range offence within five years carries a minimum six-month disqualification, while second mid-range and high-range offences attract minimum 12-month disqualifications. Understanding the licence suspension process after a drink driving conviction is essential for planning your personal and professional obligations during the disqualification period.
In certain circumstances, you may be eligible for an interlock order, which allows you to drive a vehicle fitted with an alcohol interlock device during your disqualification period. This is typically only available for mid-range and high-range offences and requires a specific application to the court.
Your Court Appearance: What to Expect at the Local Court
Your first court appearance will be at the Local Court specified on your Court Attendance Notice. When you arrive, you will need to check in with the court registry, who will direct you to the appropriate courtroom. Drink driving matters are typically heard in the morning sessions alongside other traffic and summary offences.
The courtroom is presided over by a magistrate, who has the authority to hear evidence, accept pleas, and impose sentences for drink driving offences. The police prosecutor will represent the prosecution, presenting the facts of your case and any relevant criminal history. If you have engaged a solicitor, they will represent your interests and present submissions on your behalf.
At the first mention, the magistrate will ask how you plead. If you plead guilty, the matter may proceed to sentencing immediately if the police facts are agreed and you are ready to present your case. If you plead not guilty, the matter will be adjourned for a hearing date, typically several months later, where evidence will be presented and witnesses may be called.
Professional court representation services can significantly impact the outcome of your matter. A solicitor experienced in Local Court procedures understands how to present mitigating circumstances effectively, negotiate with police prosecutors, and make persuasive submissions to the magistrate regarding penalty.
At Golottas Solicitors, our 45 years of experience serving clients in Wetherill Park and across Western Sydney means we are intimately familiar with the procedures and expectations of Local Courts including Fairfield and Liverpool. We understand what magistrates consider when determining penalties and how to present your case in the most favourable light.
Should You Plead Guilty or Not Guilty?
The decision to plead guilty or not guilty depends on whether you accept the facts of the charge and whether any legal defences or procedural errors exist that could result in the charge being dismissed.
In most drink driving cases, the evidence is straightforward. Police have a breath analysis reading, the testing procedure was followed correctly, and you were the driver of the vehicle. In these circumstances, pleading guilty is typically the appropriate course. An early guilty plea demonstrates acceptance of responsibility and attracts a sentencing discount of up to 25 percent on the penalty imposed.
However, there are circumstances where pleading not guilty is justified. If police failed to follow proper procedures under section 110 of the Road Transport Act 2013 (NSW), if the breath analysis device was not properly calibrated or maintained, if you were not the driver, or if you have a reasonable excuse for refusing a breath test, these may form the basis of a defence.
Other defences include honest and reasonable mistake, duress, or necessity. These defences are narrow and require specific evidence to succeed. For guidance on what to do when facing criminal charges for drunk driving, consulting with a solicitor who can review the police facts and identify any procedural deficiencies is essential before entering a plea.
Even when the evidence against you is strong, a solicitor can negotiate with the police prosecutor regarding the facts presented to the court. Minor factual disputes can be resolved through negotiation, and agreed facts that present your conduct in a more favourable light can influence the magistrate’s sentencing decision.
Possible Outcomes: Penalties, Fines, and Licence Disqualification
The penalties for drink driving offences are governed by the Road Transport Act 2013 (NSW) and sentencing principles under the Crimes (Sentencing Procedure) Act 1999 (NSW). The court has discretion within the statutory framework to impose penalties that reflect the seriousness of the offence and your personal circumstances.
For low-range PCA first offences, the typical penalty is a fine ranging from $500 to $1,100 and a licence disqualification of three to six months. Mid-range offences attract fines between $1,100 and $2,200 with disqualification periods of six to twelve months. High-range offences can result in fines up to $3,300, disqualification periods of nine to eighteen months, and in serious cases, imprisonment.
| Offence Category | BAC Range | Minimum Disqualification (First Offence) | Maximum Penalty |
|---|---|---|---|
| Novice/Special Range | 0.00–0.02 | 3 months | $2,200 fine |
| Low Range PCA | 0.05–0.079 | 3 months | $1,100 fine |
| Mid Range PCA | 0.08–0.149 | 6 months | $2,200 fine / 9 months imprisonment |
| High Range PCA | 0.15+ | 9 months | $3,300 fine / 18 months imprisonment |
In exceptional circumstances, particularly for first-time low-range offenders with strong mitigating factors, the court may consider a Section 10 dismissal under the Crimes (Sentencing Procedure) Act 1999. This outcome results in no conviction being recorded and no licence disqualification, though the court may still impose conditions such as a good behaviour bond.
Section 10 dismissals are not automatic and require compelling evidence of exceptional circumstances, genuine remorse, strong character references, and evidence that a conviction would cause disproportionate hardship. The court must be satisfied that it is appropriate in all the circumstances to dismiss the charge without proceeding to conviction.
Alternative sentencing options include Conditional Release Orders without conviction under section 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW), which may be available for first-time offenders where the court finds special circumstances exist. These orders impose conditions such as good behaviour for a specified period but result in a conviction being recorded.
Why Legal Representation Matters in Drink Driving Cases
While it is possible to represent yourself in a drink driving matter, the complexity of sentencing law and the significant consequences of a conviction make professional legal representation a prudent investment. An experienced traffic lawyer understands the factors magistrates consider when determining penalties and can present your case in the most persuasive manner.
Legal representation provides several critical advantages. A solicitor can review the police evidence for procedural errors or defences you may not have identified. They can negotiate with the police prosecutor to resolve factual disputes and ensure the facts presented to the court are accurate and fair. They can gather and present character references, employment letters, and other evidence that demonstrates your good character and the impact a conviction would have on your life.
Understanding how a solicitor can help with traffic offences extends beyond court representation. A solicitor can advise you on eligibility for alternative sentencing options, prepare detailed written submissions addressing the objective and subjective factors relevant to sentencing, and make oral submissions that highlight mitigating circumstances and your prospects for rehabilitation.
The role of a criminal lawyer in defending your rights includes ensuring the prosecution proves every element of the offence beyond reasonable doubt, that your procedural rights were respected throughout the police investigation, and that the penalty imposed is proportionate to the offence and your circumstances.
For individuals whose employment depends on holding a driver’s licence, the difference between a three-month minimum disqualification and a longer period imposed at the court’s discretion can be the difference between keeping and losing employment. A solicitor can present evidence of your need for a licence and argue for the minimum disqualification period to be imposed.
How Golottas Solicitors Can Help You Navigate the Process
At Golottas Solicitors, we have represented clients facing drink driving charges throughout Western Sydney for over 45 years. Our solicitors understand the Local Court procedures at Fairfield, Liverpool, and surrounding courts, and we have established working relationships with police prosecutors and magistrates that facilitate effective negotiation and advocacy.
Our approach begins with a detailed consultation where we review the police facts, your breath analysis reading, and the circumstances of your offence. We identify any procedural issues that may provide grounds for defence and assess your eligibility for alternative sentencing options including Section 10 dismissals and Conditional Release Orders.
We gather supporting documentation including character references from employers, community members, and family, employment letters detailing your need for a licence, and evidence of any steps you have taken toward rehabilitation such as attendance at traffic offender programs or counselling. We prepare detailed written submissions addressing the objective seriousness of the offence, your subjective circumstances, and the factors set out in section 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW) that the court must consider when determining penalty.
On the day of your court appearance, we appear on your behalf, negotiate with the police prosecutor, and make oral submissions to the magistrate. We ensure the facts presented are accurate and fair, highlight mitigating circumstances, and argue for the most lenient penalty available given the circumstances of your case. Our goal is to minimise the impact of the charge on your life, your employment, and your future.
- ✓
Write down exactly what happened during the police stop, including time, location, and what the officer said - ✓
Note your blood alcohol reading and whether it was taken roadside or at a police station - ✓
Keep your Court Attendance Notice safe and note the court date, time, and location immediately - ✓
Do not drive while your licence is suspended — penalties for driving while suspended include further disqualification and potential imprisonment - ✓
Gather character references, employment letters, and evidence of your need for a licence before your court date - ✓
Contact a traffic law solicitor as soon as possible to discuss your options and potential defences - ✓
Consider whether you need to apply for a work licence (section 10 interlock exemption order) if your employment depends on driving
Frequently Asked Questions
What happens immediately after I’m caught drink driving in NSW?
Police will conduct a roadside breath test, and if you return a positive reading, you’ll be required to provide a breath analysis at a police station or mobile testing unit. Under section 110 of the Road Transport Act 2013 (NSW), police will issue a Court Attendance Notice and immediately suspend your licence if your reading exceeds the prescribed concentration of alcohol. The suspension takes effect immediately, and you cannot legally drive until your court matter is finalised. Police will provide written notice of the suspension and the date you must attend court.
Will I lose my licence straight away if caught drink driving?
Yes, in most cases. For novice, special, or learner licence holders, any positive reading results in immediate suspension. For full licence holders, readings of 0.05 or above trigger immediate suspension under section 205 of the Road Transport Act 2013 (NSW). The suspension remains in effect until your court matter is finalised, at which point the court will impose a formal disqualification period. The time you spend suspended is typically credited toward your total disqualification period.
Do I have to go to court for drink driving in NSW?
Yes. All drink driving charges in NSW require a court appearance at the Local Court. You will receive a Court Attendance Notice specifying the date, time, and location. Failing to appear can result in a warrant being issued for your arrest under section 199 of the Criminal Procedure Act 1986 (NSW). If you engage a solicitor, they can appear on your behalf in many circumstances, meaning you may not need to personally attend court depending on the nature of your charge and plea.
Can I avoid a conviction for a first-time drink driving offence?
Possibly. For first-time, low-range offenders with strong mitigating circumstances, a solicitor may apply for a Section 10 dismissal or conditional release order under the Crimes (Sentencing Procedure) Act 1999 (NSW), which results in no conviction being recorded. However, this is not automatic and requires skilled legal representation and compelling evidence of exceptional circumstances, genuine remorse, good character, and evidence that a conviction would cause disproportionate hardship. The court must be satisfied it is appropriate in all circumstances to dismiss the charge without proceeding to conviction.
How long will I be disqualified from driving after a drink driving conviction?
Disqualification periods vary by offence category. Under the Road Transport Act 2013 (NSW), low-range PCA carries a minimum 3-month disqualification, mid-range 6 months, and high-range 9 months for first offences. Repeat offences attract significantly longer disqualification periods, and the court has discretion to impose longer periods based on circumstances including your driving history, the level of your reading, and whether any aggravating factors existed such as an accident or driving dangerously. The period of suspension before your court appearance is typically credited toward the total disqualification period.
This article is general information only and does not constitute legal advice. For advice specific to your circumstances, contact a qualified solicitor.
If you’ve been caught drink driving in NSW, time is critical. Golottas Solicitors has over 45 years of experience defending clients in traffic matters across Western Sydney. Contact our Wetherill Park office today for expert legal advice tailored to your circumstances.
