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Charges

Novice-range drink driving, first offence

Road Transport Act 2013 (NSW) s 110(1); disqualification under s 205(2)(a)

What is the maximum penalty for novice-range drink driving in NSW?

Maximum penalty. 20 penalty units for a first offence (30 penalty units for a second or subsequent offence), that is $2,200 at $110 per penalty unit. No term of imprisonment is provided for this subsection. Licence: automatic disqualification of 6 months on a first major offence, with a court discretion to order a shorter period of not less than 3 months (s 205(2)(a)).

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 applies to novice drivers, such as learner and provisional licence holders, who must have zero alcohol present. It is committed by driving, or by sitting in the driver's seat and attempting to start the vehicle, with any alcohol reading in the novice range. The reading itself is the offence, so no fault in the driving needs to be proved.

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.

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