Published 2026-01-12 · Updated 2026-01-12 · 6 min read
Drink driving remains one of the most common matters dealt with in the NSW Local Court. While the specific penalty in any case is a matter for the court, understanding the general factors involved can help you approach the process with realistic expectations.
Categories of offence
Drink driving offences are generally categorised according to the concentration of alcohol detected, ranging from lower-range offences through to high-range offences, with the seriousness of potential consequences generally increasing accordingly. Repeat offences and aggravating circumstances, such as an accident, can also affect how a matter is treated.
Factors courts may take into account
- The concentration of alcohol detected and the category of offence.
- Any prior traffic or criminal history.
- The circumstances of the driving, including whether anyone was placed at risk.
- Personal circumstances such as employment, health, and family responsibilities.
- Steps taken since the offence, such as completing relevant programs.
Possible outcomes
Outcomes can range from fines and licence disqualification to, in some cases, terms involving supervision or other court orders, with an alcohol interlock program potentially applying in certain circumstances. Because sentencing is at the discretion of the court and depends on the specific facts, it is not possible to state in advance what penalty will apply to any individual case.
Getting the right advice
Presenting your circumstances clearly and being properly prepared for court can make a meaningful difference to how your matter is heard. A solicitor can help you understand, in the context of your own situation, what factors may be relevant and how best to present your case.