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Penalties for PCA offences

Penalties for drink driving in NSW

Penalties for drink driving in NSW vary according to the reading or range that you register. The penalties are increased if it is your second ‘major offence’ or second ‘alcohol related major offence’ within a 5 year period.  A list of major offences can be found below the penalty chart. The range that you have been charged with will be listed either the court attendance notice or the BAS certificate.

Penalties for 1st and 2nd drink driving offences

Offence Fine Imprisonment Minimum Disqualification Automatic Disqualification
Novice Range PCA 1st offence: $1100
2nd offence: $2200
N/A 1st offence: 3 months
2nd offence: 6 months
1st offence: 6 months
2nd offence: 12 months
Special Range PCA 1st offence: $1100
2nd offence: $2200
N/A 1st offence: 3 months
2nd offence: 6 months
1st offence: 6 months
2nd offence: 12 months
Low Range PCA 1st offence: $1100
2nd offence: $2200
N/A 1st offence: 3 months
2nd offence: 6 months
1st offence: 6 months
2nd offence: 12 months
Mid Range PCA 1st offence: $2200
2nd: $3300
1st offence: 9 months
2nd offence: 12 months
1st offence: 6 months
2nd offence: 12 months
1st offence: 1 year
2nd offence: 3 years
High Range PCA 1st offence: $3300
2nd offence: $5500
1st offence: 18 months
2nd offence: 2 years
Disqualification is for a minimum or 6 months and maximum of 9 months Following disqualification there is a 24 months interlock period (if an interlock exemption order is made then disqualification is for a minimum 2 years or automatic period of 5 years)
Refuse or Fail RBT 1st offence: $1100
2nd: $3300
1st offence: N/A
2nd offence: 18 months
Not specified, however the court can disqualify you upon conviction under s204
Refuse or Fail BAS $3300 18 months Not specified, however the court can disqualify you upon conviction under s204
DUI $3300 12 months 12 months 3 years

Penalties if a prior conviction within 5yrs was alcohol related

Offence Initial Disqualification Period Minimum Interlock Period Disqualification Period if exemption order made
Novice Range PCA Minimum 1 month
Maximum 3 months
12 months Automatic 12 months
Minimum 6 months
Special Range PCA Minimum 1 month
Maximum 3 months
12 months Automatic 12 months
Minimum 6 months
Low Range PCA Minimum 1 month
Maximum 3 months
12 months Automatic 12 months
Minimum 6 months
Mid Range PCA Minimum 6 months
Maximum 9 months
24 months Automatic 3 years
Minimum 12 months
High Range PCA Minimum 9 months
Maximum 12 months
48 months Automatic 5 years
Minimum 2 years
Refuse or Fail BAS Minimum 9 months
Maximum 12 months
48 months Automatic 5 years
Minimum 2 years

What is a major offence

f you’ve been convicted of a major offence in the past 5 years you will be subject to increased penalties. If the court found you guilty without proceeding to a conviction (eg section 10) then the increased penalties do not apply. This is a list of common major offences:

  • Any drink driving charge
  • Driving in a speed or manner dangerous
  • Failing to submit to a breath analysis
  • Fail to supply blood / urine / bodily fluid
  • Predatory driving
  • Police pursuits

 

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