What counts as a 'first offence' for drink driving?
Whether a charge counts as a first or a second offence changes the automatic disqualification and the maximum penalty — and the test is a five-year one. Here is how Court Pilot describes it.
First or second offence — what counts
Your charge is treated as a 'second or subsequent offence' if, within the 5 years before it, you were convicted of any 'major offence' — for example a drink-driving (PCA), drug-presence, DUI, refuse-test, dangerous or menacing driving charge, or negligent driving that caused death or serious injury. It does not have to be the same offence. Otherwise it is a 'first offence' for sentencing, even if you have other traffic history, and the lower automatic disqualification and maximum penalty apply (Road Transport Act 2013, s 9).
| First offence | Second or later | |
|---|---|---|
| Automatic disqualification | 6 months | 12 months |
| Minimum disqualification a court can order | 3 months | 6 months |
| Maximum fine | $2,200 | $3,300 |
| Maximum prison | No prison for this offence | No prison for this offence |
| Alcohol interlock | No for a first offence · Yes for a second or later | No 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.
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
- Low range PCA — Road Transport Act 2013 (NSW) s 110(3)
People also ask
- Will I lose my licence for mid-range drink driving in NSW?
- Will I go to jail for drink driving in NSW?
- What is a section 10 and how do I get one?
- Can I drive to work while I am disqualified or suspended in NSW?
- What is the alcohol interlock and will I have to get one?
- What is the Traffic Offender Program and should I do it before court?