What is the legal blood alcohol concentration (BAC) limit in NSW?

For drivers on an unrestricted licence, the legal BAC limit is 0.05%. Learners and provisional licence holders (P1 and P2) must maintain a BAC of zero, while drivers of heavy vehicles, buses, and other commercial transport must remain under 0.02%. These limits apply across New South Wales, including Kiama.

What are the penalties for drink driving in NSW?

The penalties vary depending on the reading: Low-range (0.05 to 0.079%): Fines and short-term suspensions. Mid-range (0.08 to 0.149%): Heavier fines, longer disqualification periods, and a requirement to install an interlock device. High-range (0.15% and above): Severe consequences, including large fines, lengthy disqualification, and possible prison time, particularly for repeat offences.

What is drug driving in NSW, and how is it detected?

Drug driving refers to operating a vehicle with an illegal drug or impairing substance in your system. Roadside oral fluid tests are used to detect cannabis, MDMA, cocaine, and amphetamines. Prescription medication may also result in charges if it impairs your ability to drive, even if obtained legally.

What are the penalties for drug driving in NSW?

For a first offence, penalties may include fines, licence disqualification, and in some cases, participation in an interlock program ordered by the court. Repeat offences, or matters involving a mix of alcohol and drugs, can lead to harsher outcomes such as imprisonment.

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DRINK & DRUG DRIVING LAWYERS IN KIAMA

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Our Kiama practice covers a broad spectrum of criminal cases. These include traffic violations, drug offences, drink driving matters, theft, assault, fraud, and serious indictable charges such as homicide.

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We offer round-the-clock criminal law support in Kiama. Day or night, you can contact our criminal lawyers whenever urgent representation is required. Your first consultation is free.

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Our team is guided by a former police officer and senior police prosecutor. With extensive knowledge of police processes and court operations, we develop well-structured strategies for every matter we handle.

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We have represented clients in a wide range of criminal proceedings, frequently managing summary matters without relying on external barristers. This approach strengthens the quality of courtroom advocacy while keeping costs more manageable.

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Drink and drug driving offences are among the most heavily penalised traffic matters in NSW, with outcomes that may include a criminal record, licence loss, or custody. These penalties may impact your employment, restrict your ability to travel, and create long-term difficulties. Our drink and drug driving lawyers assist clients in Kiama by reviewing the details of the charge, identifying opportunities to reduce penalties, and working to protect your right to drive.

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How Can Our Kiama Drink & Drug Driving Lawyers Help?

In New South Wales, driving with a blood alcohol concentration of 0.05 or higher while also having an illegal drug or impairing medication in your system is treated as a serious offence. Combined charges like these often attract harsher outcomes than drink or drug driving alone. Penalties can include mandatory licence disqualification, significant fines, and in some cases, imprisonment.

However, being charged does not always mean a conviction is inevitable. Our team examines how your matter was handled by police, reviews the accuracy of testing and procedures, and assesses whether any legal defences are available. The focus is on achieving the best possible resolution, whether that means disputing the charge or seeking a reduction in penalty.

With experience that includes previous roles in law enforcement and prosecution, our lawyers understand how these cases are prepared by the other side. We build your defence thoroughly, highlight weaknesses in the prosecution’s approach, and adopt a proactive strategy aimed at securing the most favourable result for you.

Frequently Asked Questions

What is the legal blood alcohol concentration (BAC) limit in NSW?

For drivers on an unrestricted licence, the legal BAC limit is 0.05%. Learners and provisional licence holders (P1 and P2) must maintain a BAC of zero, while drivers of heavy vehicles, buses, and other commercial transport must remain under 0.02%. These limits apply across New South Wales, including Kiama.
What are the penalties for drink driving in NSW?
The penalties vary depending on the reading:
- Low-range (0.05 to 0.079%): Fines and short-term suspensions.
- Mid-range (0.08 to 0.149%): Heavier fines, longer disqualification periods, and a requirement to install an interlock device.
- High-range (0.15% and above): Severe consequences, including large fines, lengthy disqualification, and possible prison time, particularly for repeat offences.
What is drug driving in NSW, and how is it detected?

Drug driving refers to operating a vehicle with an illegal drug or impairing substance in your system. Roadside oral fluid tests are used to detect cannabis, MDMA, cocaine, and amphetamines. Prescription medication may also result in charges if it impairs your ability to drive, even if obtained legally.
What are the penalties for drug driving in NSW?

For a first offence, penalties may include fines, licence disqualification, and in some cases, participation in an interlock program ordered by the court. Repeat offences, or matters involving a mix of alcohol and drugs, can lead to harsher outcomes such as imprisonment.

Will I lose my licence if I am convicted of drink or drug driving?

Yes. Disqualification is mandatory in most situations. The length of the ban depends on factors such as your BAC or drug reading, whether you have prior offences, and the details of the incident. For residents of Kiama, this can have significant impacts on work, family responsibilities, and daily mobility.
Can I fight a drink or drug driving charge in court?

It may be possible to challenge the charge. Defences can include disputing test accuracy, questioning how the procedure was carried out, or proving that you were not in control of the vehicle at the time. The likelihood of success depends on the evidence and how the case is argued.
What happens if I refuse a roadside drug or alcohol test?

Refusal to comply with roadside breath or saliva testing is treated as a serious offence under NSW law. It is considered equivalent to high-range drink driving, which can result in immediate suspension, significant fines, and potentially imprisonment. Cooperating with testing may provide more options to challenge the charge later.
How can Kells help with my drink or drug driving charge?

Our Kiama drink and drug driving lawyers examine the details of your matter, test the strength of the evidence, and build a defence aimed at reducing penalties. Where appropriate, we dispute the charges or seek alternative sentencing options that minimise the long-term effect on your licence and record.

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If you would like to discuss your drink and drug driving offence with our criminal law team, please get in touch. We are available 24/7 to help you and offer a free initial consultation.

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