Drug and alcohol offences

Note:

The information given below is a guide only and is subject to change at any time without notice.

Prescribed concentration of alcohol (PCA) and other drug and alcohol-related offences

This is a list of some of the more serious offences:

PCA offence Penalties First Offence Second or subsequent offence

High range PCA
(Blood alcohol concentration of 0.15 or above)

OR

Refuse a breath analysis, hinder or obstruct taking of a blood sample, wilfully alter the concentration in the blood.

 Maximum court- imposed fine $3,300 $5,500
Maximum gaol term 18 months 2 years
Disqualification    
-minimum 12 months 2 years
-maximum Unlimited Unlimited
-automatic* 3 years 5 years
Immediate licence suspension Yes Yes
Mid range PCA
(Blood alcohol concentration of 0.08 to less than 0.15)		 Maximum court- imposed fine $2,200 $3,300
Maximum gaol term 9 months 12 months
Disqualification    
-minimum 6 months 12 months
-maximum Unlimited Unlimited
-automatic* 12 months 3 years
Immediate licence suspension Yes Yes

Low range PCA
(Blood alcohol concentration of 0.05 to less than 0.08)

OR

Novice range PCA
(Blood alcohol concentration over zero for novice drivers)

OR

Special range PCA
(Blood alcohol concentration over 0.02 for special category drivers)

 Maximum court- imposed fine $1,100 $2,200
Maximum gaol term N/a N/a
Disqualification    
-minimum 3 months 6 months
-maximum 6 months Unlimited
-automatic* 6 months 12 months
Immediate licence suspension No No

* 'automatic' is the disqualification period that applies in the absence of a specific court order.

Penalties for the offences of driving under the influence of a drug or alcohol and driving with the presence of a prescribed illicit drug in NSW.

Offence Penalties First Offence Second or subsequent offence
Drive under the influence of alcohol or another drug. Maximum court- imposed fine $2,200 $3,300
Maximum gaol term 9 months 12 months
Disqualification
-minimum		 6 months 12 months
-maximum Unlimited Unlimited
-automatic* 12 months 3 years

Drive with the presence of any of the following drugs in oral fluid, blood or urine:

  • Active THC (Cannabis),
  • Methylamphetamine (Speed/ice) or
  • Methylenedioxymethylamphetamine (MDMA or ‘ecstasy’).
 Maximum court- imposed fine $1,100 $2,200
Disqualification
-minimum		 3 months 6 months
-maximum 6 months Unlimited
-automatic* 6 months 12 months

Drive with the presence of any of the following drugs in blood or urine:

  • Morphine (unless proven for medicinal use)
  • Cocaine
 Maximum court- imposed fine $1,100 $2,200
Disqualification
-minimum		 3 months 6 months
-maximum 6 months Unlimited
-automatic* 6 months 12 months

Refuse to provide oral fluid sample.

OR

Refuse or fail to submit to providing a blood sample when unable to provide an oral fluid sample.

 Maximum court- imposed fine $3,300 $5,500
Maximum gaol term N/a 18 months
Disqualification
-minimum		 6 months 12 months
-maximum Unlimited Unlimited
-automatic* 3 years 5 years
Wilfully introduce or alter the amount of a drug in oral fluid or blood after being required to provide an oral fluid or blood sample. Maximum court- imposed fine $3,300 $5,500
Disqualification
-minimum		 6 months 12 months
-maximum Unlimited Unlimited
-automatic* 3 years 5 years

Refuse to submit to taking of a blood or urine sample after involvement in a fatal crash.

OR

Wilfully introduce or alter the amount of a drug in blood or urine after involvement in a fatal crash.

 Maximum court- imposed fine $3,300 $5,500
Maximum gaol term 18 months 2 years
Disqualification
-minimum		 6 months 12 months
-maximum Unlimited Unlimited
-automatic* 3 years 5 years

* 'automatic' is the disqualification period that applies in the absence of a specific court order.