Traffic & Driving Lawyers › Drink & Drug Driving
Drink & Drug Driving Lawyers — Defend the Charge. Protect Your Licence.
A drink driving (PCA) or drug driving charge can result in mandatory licence disqualification, a substantial fine, and — for high range or repeat offences — imprisonment. Australian courts have significant discretion in these matters. A traffic lawyer who knows your local court advises on available defences, plea mitigation, and the prospects of a non-conviction order — giving you the best chance of protecting your licence and your record.
⚠ A drink driving court date cannot be ignored — a conviction in absence means the maximum penalty applies automatically. Court dates are typically listed within 4–8 weeks of the charge. Get legal advice before your court date.
Drink & Drug Driving Matters We Handle
From first offence low range to high range repeat — all PCA and drug driving matters.
Low Range PCA Defence & Mitigation
A low range PCA offence (0.05–0.079 BAC in NSW) is typically dealt with by fine and licence disqualification. For a first offence with no prior traffic history, a s10 dismissal or conditional release order (no conviction recorded, no disqualification) is achievable before the right magistrate with a compelling subjective case. A lawyer prepares and presents the mitigation to maximise the prospect of a non-conviction order.
Mid Range PCA Representation
A mid range PCA offence (0.08–0.149 BAC in NSW) carries a maximum fine of $2,200 (first offence) and a minimum 6-month automatic disqualification. The interlock device program is available for mid range offenders in NSW — reducing the disqualification period in exchange for fitting an alcohol interlock to the vehicle. A lawyer advises on defences, mitigation, and the interlock program.
High Range PCA Defence
A high range PCA offence (0.15 or above in NSW) carries a maximum fine of $3,300 (first offence), a minimum 12-month automatic disqualification, and the real risk of imprisonment for higher readings or repeat offenders. A lawyer advises on technical defences (the two-hour rule, non-consumption defences), plea mitigation, and the interlock program — and represents the client in the Local Court to achieve the best possible outcome.
Drug Driving Defence
Drug driving offences — driving with a prohibited drug present in oral fluid, blood, or urine — are tested by roadside saliva tests in all Australian states. Unlike PCA offences, there is no threshold concentration for drug driving — any presence of the prohibited drug constitutes the offence. A lawyer advises on defences (including challenges to the roadside test procedure and laboratory analysis), the mitigation available, and the prospects of a non-conviction order.
Interlock Orders (NSW)
The NSW alcohol interlock program allows mid and high range drink driving offenders to reduce their disqualification period by fitting an approved alcohol interlock device to their vehicle — which prevents the engine starting if alcohol is detected in the driver's breath. A lawyer advises on whether the interlock program is appropriate and manages any breach of interlock conditions that would trigger further disqualification.
Repeat & Second Offence Representation
A second or subsequent drink driving offence carries significantly higher mandatory disqualification periods and fines — and the risk of imprisonment is substantially increased. A lawyer advises repeat offenders on alcohol rehabilitation programs (relevant to mitigation), the interlock program, and the subjective case that will resonate with the magistrate — and manages the case to achieve the minimum mandatory period and avoid imprisonment.
The Legal Framework
Drink driving law — Road Transport Act 2013 (NSW) and state equivalents.
PCA ranges and mandatory penalties — NSW
NSW has four PCA ranges under the Road Transport Act 2013: novice range (0.000–0.019), low range (0.020–0.049 for novice holders; 0.050–0.079 for full licence holders), mid range (0.080–0.149), and high range (0.150 and above). Mandatory automatic disqualification periods for a first offence range from 3 months (low range) to 12–36 months (high range). For a second offence within 5 years, the mandatory periods are significantly longer.
Section 10 — dismissal without conviction
Under s10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), a magistrate who finds a person guilty of a traffic offence can dismiss the matter without recording a conviction. A s10 dismissal means no conviction is recorded, no fine is imposed, and no licence disqualification applies (unless the disqualification is mandatory). A traffic lawyer presents the subjective case — traffic history, employment, character references, hardship — to maximise the prospect of a s10 order.
The two-hour rule — a technical defence
Police must conduct a breath analysis within 2 hours of the time of driving. If the breath analysis is conducted more than 2 hours after the time of driving, the certificate produced does not prove the driver's BAC was at or above the relevant range at the time of driving — creating a technical defence. A lawyer reviews the chronology of events to identify whether the two-hour defence is available.
Drug driving — the oral fluid test process
In NSW, drug driving is detected by a two-stage process — a roadside oral fluid test and, if positive, a second confirmatory test. If also positive, a sample is sent to a laboratory for analysis. The laboratory analysis is the evidence used in court. A lawyer reviews whether the authorised officer followed the correct procedure and whether the driver was given the required waiting period before the test.
Interlock program — NSW Road Transport Act 2013, Part 7.4
The NSW alcohol interlock program under Part 7.4 of the Road Transport Act 2013 applies to mid and high range PCA offenders. Under the program, the court makes an interlock order — reducing the mandatory disqualification period but requiring the offender to drive only interlock-fitted vehicles for an interlock period (typically 12 months for mid range and 24 months for high range). A lawyer advises on whether the interlock program is appropriate and ensures the conditions are complied with.
Victoria — drink driving provisions
In Victoria, drink driving is an offence under the Road Safety Act 1986. Victorian BAC ranges are broadly similar to NSW — drink driving (0.05+), higher BAC (0.10+). Victoria has its own interlock program and "special circumstances" provisions allowing courts to reduce disqualification periods in exceptional cases. Victoria also has an alcohol assessment and rehabilitation scheme (ARS) — participation can be relevant to sentencing.
How It Works
One request. Free drink/drug driving advice.
Tell us the state, the PCA range or drug driving charge, your traffic history, and your court date. A traffic lawyer will advise on defences and the best approach for your court appearance.
Submit Your RequestDescribe the charge
State, PCA range (low/mid/high) or drug type, BAC reading, prior traffic history, court date, and any other charges arising from the same incident.
Matched to a traffic lawyer
Matched to a traffic lawyer who appears regularly in your local court and has experience in drink and drug driving matters.
Free consultation
A traffic lawyer contacts you for a free consultation — advising on available defences, mitigation, the prospects of a s10 order, and the strategy for your court appearance.