Offences and penalties
Offences and penalties related to driving under the influence of alcohol and drugs in NSW.
Drink and drug driving reforms
From 20 May 2019, tougher penalties apply for lower range drink driving offences, and for driving with the presence of an illicit drug.
The change is part of a number of reforms in the Road Safety Plan 2021 to reduce alcohol and drug related trauma on NSW roads.
The information on this page is a plain English guide only and is subject to change at any time without notice. Reference should be made to the latest provisions in the law for detailed information on specific offences and penalties.
High range PCA (0.15 or above), refuse breath analysis, a blood sample and/or alter concentration in the blood
Note: If an offender is issued with an alcohol interlock order, the disqualification period may differ from those listed in this table.
Mid range PCA (blood alcohol concentration of 0.08 to less than 0.15)
Note: If an offender is issued with an alcohol interlock order, the disqualification period may differ from those listed in this table.
Low, novice or special range PCA
· Low range PCA: blood alcohol concentration of 0.05 to less than 0.08
· Novice range PCA: blood alcohol concentration more than zero for learner, P1 or P2 drivers
· Special range PCA: blood alcohol concentration over 0.02 for special category drivers
Note: If an offender is issued with an alcohol interlock order, the disqualification period may differ from those listed in this table.
Drive under the influence of alcohol or another drug
Note: If an offender is issued with an alcohol interlock order, the disqualification period may differ from those listed in this table.
Cannabis, speed/ice, MDMA/ecstasy, or cocaine in oral fluid, blood or urine
Drive with the presence of any of the following drugs in oral fluid, blood or urine:
· Active THC (Cannabis)
· Methylamphetamine (Speed/ice)
· Methylenedioxymethylamphetamine (MDMA or 'ecstasy') or
· Cocaine
Morphine in blood or urine
Drive with the presence of morphine in blood or urine (unless proven for medical use).
Refuse to provide samples
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.
Introduce or alter the amount of a drug in oral fluid or blood
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.
After a fatal accident
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.
