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Low-range drink driving, first offence — what happens?

Low-range PCA (0.05 to under 0.08) is often dealt with by a penalty notice for a first offence, but it can still go to court. Here is what Court Pilot shows.

A person drives a motor vehicle (or occupies the driving seat and attempts to put it in motion), or supervises a learner driver, with the low range concentration of alcohol present in their breath or blood.

First offenceSecond or later
Automatic disqualification6 months12 months
Minimum disqualification a court can order3 months6 months
Maximum fine$2,200$3,300
Maximum prisonNo prison for this offenceNo prison for this offence
Alcohol interlockNo for a first offence · Yes for a second or laterNo for a first offence · Yes for a second or later

Police can suspend your licence immediately — you have 28 days to appeal to the Local Court.

A first offence is often dealt with by a penalty notice plus a 3-month suspension, rather than a court attendance.

The outcome to aim for: a section 10 / Conditional Release Order, with no conviction

No disqualification · No interlock · No fine · No criminal conviction. It is not automatic — the court weighs how serious it was and your circumstances — and it is not available if you have had one for drink or drug driving in the last 5 years.

Want to know what this means for you?

The free guide walks your own charge through to court, step by step. For advice about your matter, speak to Hanna Legal.

The charge in full

General information, not legal advice — it does not create a lawyer–client relationship. Reflects NSW law as at July 2026 · reviewed by Hanna Legal. In an emergency call 000.

Court Pilot assistant

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