Will I go to jail for drink driving in NSW?
Every drink-driving charge has a maximum penalty set by Parliament. These are the maximums for each range — a maximum is the most the court can impose, and whether any conviction is recorded at all is what the section 10 outcome is about.
| Charge | Max fine (1st) | Max fine (2nd+) | Max prison (1st) |
|---|---|---|---|
| Novice range PCA | $2,200 | $3,300 | No prison |
| Special range PCA | $2,200 | $3,300 | No prison |
| Low range PCA | $2,200 | $3,300 | No prison |
| Middle range PCA | $2,200 | $3,300 | 9 months |
| High range PCA | $3,300 | $5,500 | 18 months |
Aim for a section 10 / Conditional Release Order — no conviction
No conviction means no disqualification at all, no interlock and no fine. The court weighs how serious it was, your record, your character and your need to drive. It is not automatic, 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)
- Middle range PCA — Road Transport Act 2013 (NSW) s 110(4)
- High range PCA — Road Transport Act 2013 (NSW) s 110(5)
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