NSW Drink Driving Penalties: PCA Tiers, Fines and Disqualification (2026)

New South Wales prosecutes drink driving under the Road Transport Act 2013 (NSW), using a tiered Prescribed Concentration of Alcohol (PCA) structure. The fines and disqualification periods below are current as published by NSW Government agencies on 17 August 2026, and every figure carries its offence tier and occasion (first or repeat) alongside it.

How NSW Structures Drink Driving Offences

NSW's PCA tiers are defined by the NSW Government as follows:

• Novice range PCA - a learner or provisional driver with a BAC above zero.
• Special range PCA - a special category driver with a BAC limit over 0.02.
• Low range PCA - a driver with a blood alcohol level between 0.05 and under 0.08.
• Mid range PCA - a driver with a blood alcohol level between 0.08 and under 0.15.
• High range PCA - a driver with a BAC of 0.15 or above.

These bands match the BAC limits already set out on the site's Australian drink-driving BAC limits page; this article covers the penalty attached to each tier, not the BAC thresholds themselves. NSW also has a separate Driving Under the Influence (DUI) charge and, since a 2021 amendment, combined offences that pair a PCA reading with illicit drug presence. These maxima are drafted in the Act as penalty units (20 PU low-range 1st / 30 PU 2nd+; 20 PU mid-range 1st / 30 PU 2nd+; 30 PU high-range 1st / 50 PU 2nd+, and so on), and converted here at NSW's current $110-per-unit value; they will change automatically if the penalty unit value changes, unlike the flat-dollar on-the-spot penalty notice amount ($722), which is set separately in the Regulations.

Penalties By Tier

The table below states, for each offence and occasion, the maximum court fine, maximum imprisonment, and the disqualification structure: a court-set minimum and maximum, plus a separate automatic disqualification that applies in the absence of a specific court order.

Combined offences, which pair a PCA reading with illicit drug presence, escalate across the low, mid and high tiers. The low-tier combined offence exists only as a repeat provision: a 2-year automatic disqualification and up to $5,500 (there is no first-offence version at that tier). The mid-tier combined offence has both a first offence (2-year automatic disqualification, up to $3,300, up to 18 months' imprisonment) and a repeat offence (4-year automatic disqualification, up to $6,600). The high-tier combined offence also has both a first offence (4-year automatic disqualification, up to $5,500, up to 2 years' imprisonment) and a repeat offence (6-year automatic disqualification, up to $11,000). These maximum fines are ceilings a court may impose, not what a typical first-time offender pays; the on-the-spot penalty notice figures above are the actual amount most low-tier first offenders are charged.

A genuine structural quirk: the low/special/novice-range combined offence (PCA plus illicit drug presence) only exists as a repeat-offence provision. NSW Government guidance states it applies only where the driver was already convicted of a combined offence in the previous 5 years, so there is no first-offence version at that tier.

Infringement notice versus court: only a first low, special or novice range PCA offence, and a first drug-presence offence, carry a genuine on-the-spot $722 penalty-notice option paired with an immediate suspension. Every mid-range, high-range, combined, refusal and repeat offence requires a Court Attendance Notice and a Local Court appearance.

Immediate Roadside Licence Suspension

NSW police can suspend a driver's licence on the spot for a PCA or DUI offence, or for drug driving. This immediate suspension power applies to a first low-range offence, not only mid-range or high-range - a distinction the NSW Government's own guidance states directly for the term "low-range." Special-range and novice-range offences share every other penalty figure with low-range elsewhere in NSW guidance, but the cited immediate-suspension table names only "low-range" specifically, so treat the extension to special and novice range as likely rather than as directly government-confirmed by this citation. If police don't suspend a licence on the spot, they can still do so within 48 hours of the driver being charged or receiving a penalty notice, and the suspension remains in place until the case is heard in court once a charge is laid.

A driver has 28 days from the Notice of Suspension to appeal in court, either online or in person at a Local Court, and must not drive while the appeal is pending unless the court orders otherwise.

Alcohol Interlock Program

Drivers convicted of mid-range, high-range, repeat and other serious drink driving offences must complete the mandatory Alcohol Interlock Program. The interlock period runs separately from, and after, the disqualification period:

The interlock table above does not include the five combined PCA-and-drug offence categories, which carry their own interlock periods under the NSW Government's Alcohol Interlock Program guidance; confirm current interlock timing for a combined offence directly with Transport for NSW or a lawyer, as this was not independently verified for this page. A driver ordered into the program who does not enter it faces disqualification from holding a licence for at least 5 years. Exemption is available on only two narrow grounds: no access to a vehicle to install the device, or a medical condition that prevents using it; living in a regional or remote area is explicitly not a valid ground. If an exemption is granted, the licence is cancelled outright for the disqualification period, with no restricted driving, and the offender must complete the Sober Driver Program at their own expense.

Interlock devices cost roughly $2,400 to $3,000 a year plus a $200 administration fee, with a 35% concession available for eligible cardholders and hardship assistance through the Salvation Army's accredited assessment service.

Drug Driving: Presence Versus Impairment

NSW treats drug driving as two separate offence types. A drug-presence offence, detected through Mobile Drug Testing (MDT), carries the same penalty structure as low-range PCA: $722 on the spot for a first offence, up to $3,300 for a repeat. MDT works as a screening-plus-lab-confirmation process, not an instant-charge device: police take a first oral fluid swab, and if positive, a second swab plus a saliva sample for laboratory analysis, with drivers only charged once the lab confirms an illegal drug is present. A positive second oral fluid test can also trigger a 24-hour driving prohibition.

Driving Under the Influence (DUI) is a separate, more serious offence based on impairment rather than mere presence. It applies to alcohol or drugs, requires a police officer's reasonable suspicion, and is confirmed through a blood or urine test. DUI carries the same higher penalty scale as high-range PCA: up to $3,300 and 18 months' imprisonment for a first offence, up to $5,500 and 2 years for a repeat, with automatic disqualification of 3 years rising to 5 years.

Refusing a Test

Refusing to provide a breath, blood or urine sample is its own offence, carrying up to $3,300 and a 3-year automatic disqualification for a first offence, rising to $5,500, up to 18 months' imprisonment and a 5-year automatic disqualification for a repeat. Refusing a sample after a fatal crash carries the same fine structure with a higher imprisonment maximum. A separate offence covers altering a drug or alcohol test result, carrying the same fine and disqualification scale as refusal, without an imprisonment component.

Court Process and Getting Your Licence Back

Contested matters, appeals against immediate suspension, and applications to remove a disqualification are heard at the Local Court. Reinstatement is not automatic once a disqualification period ends:

• Anyone convicted of two drink driving offences within a 5-year period must pass a Driver Knowledge Test before relicensing.
• Anyone under a mandatory interlock order must complete a multi-step application: an eligibility call, an outstanding-fines check with Revenue NSW, a GP medical consultation certificate, device installation, then a Service NSW application.
• A separate Disqualification Removal Order scheme exists for drivers who have gone 2 to 4 years without a further offence, administered through a Transport for NSW eligibility review followed by a Local Court application. This scheme excludes the most serious offences, such as driving offences causing death.

For BAC limits by driver category, see Australian drink-driving BAC limits. For demerit points, see New South Wales demerit points and demerit points explained across Australia. For related driving offences, see speeding fines in Australia and mobile phone detection cameras in Australia, or return to the Australia driving laws hub.

This article provides general legal information about drink driving penalties under New South Wales law. It is not legal advice and does not account for an individual driver's circumstances. Information was verified against NSW Government sources on 17 August 2026. For advice on a specific situation, consult a legal practitioner admitted in New South Wales, or contact NSW Police or Transport for NSW directly.

Frequently Asked Questions

Does a first low-range PCA offence in NSW trigger an immediate licence suspension?

Yes, for low-range PCA specifically. NSW Government's own suspension guidance confirms police can suspend a licence on the spot for a low-range PCA offence, not only mid-range or high-range; special-range and novice-range offences share the same other penalty figures as low-range, but the cited suspension table names only 'low-range' by that specific term. The immediate suspension for a low-range offence runs for a fixed 3 months; for mid-range and high-range it continues until the case is heard in court.

How much is the fine for low-range PCA in NSW?

A first low, special or novice range PCA offence can be dealt with by an on-the-spot penalty notice of $722, or, if the matter goes to court, a maximum court fine of up to $2,200. A second or subsequent offence at this tier is not eligible for a penalty notice and carries a maximum court fine of up to $3,300.

What is the automatic disqualification period for high-range PCA in NSW?

A first high-range PCA offence carries an automatic disqualification of 3 years, within a court-set range of a 12-month minimum and no fixed maximum. A second or subsequent high-range offence carries an automatic disqualification of 5 years, with a 2-year minimum and no fixed maximum.

Do I need an alcohol interlock after a drink driving conviction in NSW?

Interlock conditions apply to mid-range, high-range, repeat and most combined offences, and to refusing a test, running from 12 months up to 48 months depending on the offence and prior history. A first low, special or novice range offence does not carry a mandatory interlock condition unless it is a second or subsequent occasion.

What happens if I don't participate in the NSW interlock program after being ordered into it?

NSW Government guidance states that a driver who receives an interlock order and does not enter the program will be disqualified from holding a licence for at least 5 years.

Is drug driving the same offence as driving under the influence in NSW?

No. A drug-presence offence, detected through Mobile Drug Testing, is a lower-penalty offence based only on the confirmed presence of an illegal drug. Driving Under the Influence (DUI) is a separate, more serious offence based on impairment, requiring reasonable suspicion and a blood or urine test, and it carries the same higher penalty scale as high-range PCA.

Can I appeal an immediate licence suspension in NSW?

Yes. A driver has 28 days from the Notice of Suspension to lodge an appeal online or in person at a NSW Local Court. Unless the court orders otherwise, the driver must not drive until the appeal is heard.

How do I get my licence back after a drink driving disqualification in NSW?

The path depends on the offence. Anyone convicted of two drink driving offences within 5 years must pass a Driver Knowledge Test before relicensing. Anyone under a mandatory interlock order must complete a multi-step application, including an outstanding-fines check and a medical consultation, before the device is installed. Some drivers who have gone 2 to 4 years offence-free may apply through a separate Disqualification Removal Order scheme, which excludes the most serious offences.