Drink Driving Offences
Drink driving is a criminal offence in New South Wales that occurs when a person operates a vehicle while under the influence of alcohol, often determined by a breath or blood test revealing an illegal blood alcohol concentration (BAC).
Caught Drink Driving in NSW?
Know Your Rights and Options
Drink driving laws in NSW are strict and can apply to all drivers, even first-time or low-range offenders. With on-the-spot licence suspensions now in effect, understanding your legal position early is crucial.
Key points:
- NSW has five levels of drink driving, each with specific BAC thresholds and penalties
- As of May 2019, police can issue instant fines and licence suspensions, even for first-time low-range offences
- Serious cases may lead to court appearances, criminal records, and mandatory interlock devices
If you’ve been charged with a drink driving offence, contact Brightstone Defence Criminal Lawyers to protect your licence and future.
Under Section 112 of the Road Transport Act 2013 (NSW), it is an offence to drive, or attempt to drive, a vehicle while under the influence of alcohol or drugs. Offences are divided into five categories based on BAC and licence type:
- Novice Range: BAC 0.00 to 0.019 (Learner, P1 or P2 licence holders)
- Special Range: BAC 0.02 to 0.049 (Learner, P1/P2, taxi, bus, and professional drivers)
- Low Range: BAC 0.05 to 0.079
- Mid-Range: BAC 0.08 to 0.149
- High Range: BAC 0.15 and above
Elements the Prosecution Must Prove
To establish a drink driving offence, the prosecution must prove beyond reasonable doubt that:
- You were driving or attempting to drive a motor vehicle
- At the time, you were under the influence of alcohol
- Your BAC exceeded the legal limit for your licence type or driver category
Possible Defences
Available defences may include:
- BAC reading was inaccurate due to faulty equipment or testing procedure
- You were not the driver or did not attempt to drive
- Honest and reasonable mistake (for example, not knowing your drink was alcoholic)
- The vehicle was not on a road or road-related area as defined under the Act
Potential Penalties
Penalties depend on the BAC range and whether it is a first or repeat offence. They may include:
- Fines
- Licence disqualification or suspension (on-the-spot or court-imposed)
- Criminal conviction
- Mandatory alcohol interlock orders
- Imprisonment for serious or repeat offences
Legal Process
& Options
For low-range offences, police may issue a fine and suspend your licence immediately without a court appearance. Mid- and high-range offences generally require you to appear in court. The process typically begins in the Local Court.
Pleading
Not Guilty
If you plead not guilty, Brightstone Defence will build a strong defence strategy tailored to your case. This may involve:
- Challenging the accuracy or timing of BAC results
- Arguing a procedural or legal error
- Presenting medical or factual evidence to dispute the charge
We will examine the evidence, challenge the prosecution’s case, and fight for the best possible result on your behalf.
Pleading
Guilty
If you choose to plead guilty, your matter will proceed directly to sentencing. Entering an early guilty plea may:
- Reduce legal costs and penalties
- Show remorse, which may lead to a more lenient outcome
- Improve your chances of receiving a Section 10 dismissal or Conditional Release Order (CRO), avoiding a criminal record
Before pleading guilty, speak with one of our experienced criminal lawyers to fully understand your legal options and the potential consequences.
Frequently Asked Questions
No items found.
We’re updating this section to serve you better.
SUCCESS CASES & ARTICLES
Brightstone Defence delivers focused criminal defence services year-round and has built a strong track record of successful outcomes.
Meet our lawyers
Testimonials
WORLD CLASS
REPRESENTATION
100+ 5 Star Reviews
Personalised legal strategies tailored to each case
Recognised leaders in criminal defence law
Free initial consultation and case evaluation
Proven success in high-stakes and complex cases
This law firm was a lifesaver during an incredibly stressful time as I’m facing serious charges. Alex and his team help me and provide thoughtful recommendations for my legal matter. The whole process was easy throughout and professional. I highly recommend this firm to anyone in need of trustworthy legal help.
Fengrui T
When you encounter any problems in life and need help, just look for these two lawyers. They will definitely do their best to help us, especially with criminal issues. Alex Cao, Alex Zhao, and Cherry (I've faced serious charges in the past.）If you have any legal problems, just contact them, they are the best choice! PERFECT!
David
Thankfully, with the patient support and detailed investigation by Lawyer Cao and his team, the case finally concluded with me being acquitted and released without charges. This case dragged on for two years—it was mentally and emotionally draining. But thanks to Lawyer Cao and his team, who didn’t give up even after losing the first trial, I was eventually found not guilty at the final ...
Lyt
Brightstone Legal. Mr Alex Cao of Brightstone Legal and his team guided me through every steps of my case, they are experienced, effective and efficient. Delivered results beyond and above everyone’s expectations. I am really grateful to have the chance to hire him and received help from his team. I recommend this already highly reputable law firm to everyone!
XNN
I’m extremely grateful to Lawyer Cherry for helping my boyfriend achieve a very favorable outcome. Cherry and Alex Zhao were both very attentive, taking the time to clearly explain the process and provide us with detailed and professional legal advice. Their dedication made us feel confident that we had chosen the right lawyers and placed our trust in the right people. In the future, I will definitely recommend Brightstone Criminal to any friends in need of legal assistance. Thank you ...
Venus C
I considered myself is very lucky to have Alex Cao as my lawyer and work with his team over the past several months. Alex Cao is excellent lawyer who is highly competent legal practitioner. He and his team showed great dedication, professionalism and compassion throughout my case this helped me so much when I was at my lowest. Huge appreciation to Alex Cao who spent a lot of time on my matter and successfully helped me got the best possible outcome that is truly a relief ...
Xuefeng L
I am truly very thankful to Brightstone’s Lawyer Alex Cao, as well as his assistant and colleagues, for helping us win the case. Mr Cao and his team were extremely professional, not only in their legal knowledge but also in patiently answering all of our questions. They demonstrated great patience, approachability, and empathy throughout the process, and paid close attention to every detail, which was a huge help. Finally we achieved the best possible outcome for our case.
Hannah H
First of all, I would like to thank Alex Cao from Brightstone Legal. My case isn’t an easy one, I was set up by my ex partner, it was stressful and heart broken. The amazing lawyer, Alex Cao went above and beyond to assist with the matter. He was professional, knowledgeable, and always available to answer any questions I had. Indeed, I lost for words at how professional, knowledgeable and experienced he is. He took lot of efforts to handle my case and finally managed to achieve best ...
Rachel Y
Extremely professional legal services — thank you to Lawyer Alex Cao and his team for all the help they gave me. I was very fortunate to have found Lawyer Alex Cao right at the moment I encountered difficulties. With his help, I was able to avoid many complicated problems and resolve a major crisis. Over the course of a year working with him, Lawyer Cao not only provided me with legal assistance, but also offered emotional support that helped me pull through times ...
Jason G
When I was facing difficulties and feeling overwhelmed, the team at Brightstone Legal provided me with immediate and professional assistance. From the receptionist quickly arranging my appointment to Criminal Lawyer Alex Cao patiently organising the key points of my case and providing precise legal analysis. They not only fought for my best interests but also helped me save 70% of my legal fees. I’m truly grateful ...
Elizabeth W
Sharon Yu was efficient, organised and kept it simple. She adapted quickly to an unfamiliar situation and she ensured, given unfamiliarity, to be well-prepared. She helped me get through a legal matter, cared and did a thorough job. Her assistants also. I recommend Sharon Yu and Brightsone Legal to any person needing legal assistance and advice. As a person of mostly Anglo background I had a good experience interacting with 4 Chinese staff ...
Caitlin G
Alex Cao has demonstrated excellent professionalism and competence, second to none. Through his intelligence, dedication, skills, and in collaboration with Angela Cook, they've restored my life back in order.
Jason C
Compared several legal institutes, I am very glad I finally made this right choice. Thanks very much for Alex Cao's excellent service as my solicitor. He is so professional, nice and patient with a silver tongue and a very quick thinking under different situations. Highly recommend!
Alan
A huge thanks to Alex, He made such a thorough effort for my case giving me a great result at the end of my trial, Alex is very nice, patient and has a great attention to detail, I highly recommend anyone to seek legal advice with brightstone!!!
Tobias S
To Alex Zhao and Alex Cao, I want to express my heartfelt appreciation for your outstanding legal expertise and dedication. Your relentless efforts, attention to detail, and unwavering support have been instrumental in resolving my case successfully. Your professionalism and genuine concern for my well-being have left a lasting impact. Thank you for being exemplary legal advocates. I am truly grateful to have had you by my side.
J
I was facing a legal situation that was causing me a lot of stress and uncertainty, and I am so grateful to have found Alex Cao. His team was professional, attentive, and genuinely caring about my situation. I wholeheartedly recommend Alex Cao to anyone in need of top-notch legal assistance. Their professionalism, knowledge, communication, and genuine care for their clients set them apart.
LIANG W
Brightstone legal team provides excellent and professional service for us and help us to achieve the best outcome. We really appreciate the help from Brightstone legal team especially Alex Cao. We will highly recommend to anyone if they need any legal help.
Iris K
Alex zhao and Alex cao are very professional and responsible, excellent analysis and handling of the case, and got the best result! The best lawyer I've ever seen in Sydney!
Tony
I am deeply grateful to Attorney Cao (Alex) and his team for their professional, compassionate, and knowledgeable representation. They helped me obtain a favorable court result and I am confident that justice has been served. I highly recommend them to anyone who needs legal assistance.
Jimmy L
I'm really appreciate Alex as well as Sharon who took over my case from a year ago. Not only have they developed effective strategies coping my court case, but they also helped me achieved unexpected result, which won't affect my visa and potential permanent residency, and I'm grateful to what they have put a lot effort into in the last year.
Humphrey B
It's an incredibly professional and efficient team that saved me from the very beginning. A big thank you to Alex Zhao and the entire team for their hard work and dedication.
Milos P
I am truly honored to have received help from Alex and his team. With their support, I was able to achieve the best possible outcome in the shortest time and lowest cost. Throughout the entire process, the team maintained highly efficient communication, patently and thoroughly explaining and analyzing every detail, they demonstrated great adaptability, carefully weighing the pros and cons, and working closely with me to determine the best course of action ...
Lei Z
Get instant estimated Quotes
and a free consultation session
Facing criminal charges? Our experienced defence lawyers are here to help. Book your free consultation now to discuss your case and understand your options.
