Charges
Drive under the influence of alcohol or a drug (DUI)
Road Transport Act 2013 (NSW) s 112(1); disqualification under s 205(2)(d)
What is the maximum penalty for drive under the influence in NSW?
Maximum penalty. First offence: 30 penalty units ($3,300) or imprisonment for 18 months, or both. Second or subsequent offence: 50 penalty units ($5,500) or imprisonment for 2 years, or both. Licence: an offence against s 112(1)(a) or (b) is a major offence and falls under the catch-all in s 205(2)(d): automatic disqualification of 3 years, with a court discretion to order a shorter period of not less than 12 months, or a longer period.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
This offence is proved by evidence that the person was actually under the influence of alcohol or a drug while driving or attempting to put a vehicle in motion, rather than by a specific breath or blood reading. Police often rely on observations such as driving, speech, balance and admissions, which is why it is charged where no reliable reading is available. A charge can name more than one drug, and it is made out if the court is satisfied the driver was under the influence of any drug named or a combination of them.
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
Related charges
Every stone turned. Every avenue pursued.
Whether you’ve been charged, arrested, or are helping a family member, the earliest advice is the most valuable.