Criminal Law · Marrickville & Sydney
Charged with drink driving in NSW? We explain the charge, the penalties that can apply to your reading, what happens to your licence and your options, and we can appear for you in the Local Court.
4.9★
As at October 2026
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years serving Sydney
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Google rating as at October 2026. Years of service supplied by CM Lawyers.
Drink driving charges
Charged with drink driving in NSW? You may be worried about your licence, your job and going to court, especially if you have never been in trouble before. We explain the charge, the penalties that can apply to your reading and your options, including whether to plead guilty or defend the charge. If you need us to, we can appear for you in the Local Court. Our office is in Marrickville, in Sydney's Inner West.
Drink driving offences in NSW are set out in the Road Transport Act 2013 (NSW). If you are charged, police give you a Court Attendance Notice with your court date. For a first low-range offence, police may instead give you a penalty notice (an on-the-spot fine) and suspend your licence immediately.
Drink driving charges in Sydney are heard in the Local Court, at the court named on your Court Attendance Notice. Burwood Local Court is closed for refurbishment: its sittings are temporarily at John Maddison Tower, 86–90 Goulburn Street, Sydney, until 11 December 2026, and the courthouse is due to reopen on 14 December 2026.
Call us on (02) 9557 9000. If you cannot get advice before your court date, you can ask the court for an adjournment so that you can get it.
The offences
Lower limits apply to some drivers: learner and provisional drivers must have zero alcohol, and drivers of heavy vehicles and public passenger vehicles have a lower limit.
The penalties depend on the offence, whether it is your first or a second offence within 5 years, and your circumstances. They can include a fine, licence disqualification, an interlock order and a criminal conviction. The maximum penalties and the disqualification periods for each offence are set out on the NSW Government's drink and drug driving penalties page.
Your licence
For many drink driving offences, police can suspend your licence immediately. If you receive a penalty notice for a first low-range offence, the suspension is usually for 3 months. If you are charged with a more serious offence, the suspension can continue until the court deals with the charge.
You can appeal an immediate suspension to the Local Court. The appeal must be lodged within 28 days of receiving the suspension notice, and the suspension stays in place while you wait for the appeal to be heard. The court can only lift or change the suspension in exceptional circumstances, so get advice before you lodge an appeal.
Interlock
An interlock is a breath-testing device fitted to your vehicle. It stops the vehicle starting if it detects alcohol.
For certain offences, including a first or subsequent mid-range or high-range PCA offence, DUI, refusing to provide a sample, and a second or subsequent low-range PCA offence, the law requires the court to impose an alcohol interlock order unless an exemption is granted. A first low-range PCA offence does not carry a mandatory interlock order.
Exemptions are only available in limited circumstances, for example if you have no access to a vehicle in which a device can be installed, or a medical condition stops you using one. Living in a regional or remote area is not a ground for an exemption.
More information: NSW Government, Alcohol Interlock Program.
Going to court
Every matter is different, but most drink driving matters follow these steps.
Tell us your court date and send us the Court Attendance Notice and the police facts sheet. We explain the charge and the evidence against you.
If the evidence is strong, an early guilty plea can be taken into account when the penalty is set. If there is a problem with the evidence or how the testing was done, you may decide to defend the charge. We explain your options.
If you plead guilty, we help you gather character references, a letter from your employer and evidence of why you need your licence. Completing a traffic offender program may also be taken into account.
We can appear for you in the Local Court and make submissions to the magistrate about penalty, or run the hearing if you plead not guilty.
We explain the outcome, including any disqualification period and interlock requirements, and whether an appeal is worth considering.
If you cannot get advice before your court date, you can ask the court for an adjournment so that you can get it.
Sentencing
The magistrate looks at the whole picture, including:
In some cases the court can deal with a charge without recording a conviction, for example by dismissing it under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) or by making a conditional release order without conviction. Whether that is possible depends on the offence, your record and the facts, and there are limits if you have had a similar order for a major traffic offence in the previous 5 years.
Getting ready
Bring what you have. We can tell you what else may help.
Questions
Most drink driving offences carry a period of licence disqualification if you are convicted, and police can suspend your licence immediately for many offences. How long you are off the road depends on the offence, your record and the orders the court makes, including any interlock order. We can tell you what may apply once we know your reading and your history.
Sometimes. In some cases the court can dismiss a charge, or make a conditional release order, without recording a conviction. It depends on the offence, your record and the facts. We cannot promise an outcome, but we can explain what the court will consider.
If you have a Court Attendance Notice, you need to attend court on the date shown or have a lawyer appear for you. Do not ignore it: if no one appears, the court can deal with the matter in your absence or issue a warrant. If you received a penalty notice instead, you can pay it or choose to have the matter decided by a court.
Yes, to the Local Court, within 28 days of receiving the suspension notice. The suspension stays in place until the appeal is decided, and the court can only lift it in exceptional circumstances. Get advice before you lodge.
You are not legally required to have one, but a lawyer can check the evidence and the testing procedure, explain your options and speak for you in court.
Related pages
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Local Court criminal matters in NSW.
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Make an enquiry
Tell us your court date and the charge. We'll explain your options and our costs. A short outline is enough; please don't include confidential details yet. We check that we can act for you before we discuss your matter.
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Level 3, Unit 3.07
18–30 Faversham Street
Marrickville NSW 2204
You can drive up to Level 3, and two hours' free parking is available at the Wicks Place car park, 186 Victoria Road.
General information only
This page gives general information about drink driving charges in NSW as at October 2026. It is not legal advice. Every matter depends on its own facts, and penalties, the law and court arrangements change, so please get advice about your own situation.
Disclaimer: This website provides general information only. Nothing on this site should be taken to comprise legal advice or used as a substitute for detailed and competent legal advice. While the information contained in this website is believed to be accurate and current, it is provided by CMLawyers in good faith on an “as is” basis. CMLawyers, its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in this website.
