Drink Driving Law in NSW

Drink Driving Law in NSW

Drink Driving Law in NSW


Understanding Your Rights and Responsibilities

Drink driving is a serious crime in New South Wales and the law is strict in its enforcement. The state’s Road Transport Act 2013 sets out the legal blood alcohol limit, as well as the penalties for those who exceed it. In this article, we will provide a comprehensive overview of the drink driving law in NSW, including your rights and responsibilities when behind the wheel.

The Legal Blood Alcohol Limit

In NSW, the legal blood alcohol limit is 0.05%. This means that if you have a blood alcohol concentration (BAC) of 0.05% or higher, you are considered to be driving under the influence of alcohol. If you are pulled over by the police and subjected to a breath test, and your BAC is found to be above the legal limit, you can be charged with drink driving.

Penalties for Drink Driving

The penalties for drink driving in NSW are severe and can include fines, loss of license, and even imprisonment in extreme cases. The exact penalty will depend on the circumstances of your case and the seriousness of the offense.

First-time offenders who are caught with a BAC between 0.05% and 0.08% will typically receive a fine and a suspension of their driver’s license for a period of three to six months. Repeat offenders, or those with a higher BAC, can face more serious consequences, including longer license suspensions, higher fines, and even imprisonment.

It’s also important to note that if you cause an accident while drink driving, the penalties can be even more severe, including long-term imprisonment and substantial fines.

Your Rights and Responsibilities

As a driver in NSW, you have the right to remain silent and to not incriminate yourself when pulled over by the police. You also have the right to refuse to provide a breath or blood sample, but if you do so, you will automatically incur a fine and a license suspension.

Your responsibility as a driver is to ensure that you do not drink and drive. This means avoiding alcohol altogether, or at least ensuring that you are not over the legal limit before getting behind the wheel. If you do drink and drive, you risk not only endangering yourself and others, but also facing serious legal consequences.


Drink driving is a serious offense in NSW, and the law is strict in its enforcement. By understanding the legal blood alcohol limit and the penalties for exceeding it, you can avoid putting yourself and others at risk. If you are pulled over by the police, it’s important to be aware of your rights and responsibilities, and to seek legal advice if you are facing charges.

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