Drink driving laws: a sobering truth
Drink driving is no longer socially acceptable in our community. Despite this, it continues to be a major road safety issue. In 2022, 36 people lost their lives in alcohol-related crashes on NSW roads.
Random Breath Testing (RBT) is a critical component of deterring drink driving. In order to deter people from drink driving, people need to perceive that there is a high risk of getting caught. We remind all motorists that drink driving carries a high risk of enforcement and the penalties are very serious.
What powers do police have in NSW to enforce RBTs?
In NSW, police have the power to:
- Stop drivers at random to test for alcohol
- Arrest drivers who test over the legal limit
- Require a driver to take a sobriety test in certain circumstances
- Breath test any driver or supervising driver involved in a crash
What are the drink driving laws in NSW?
In New South Wales, drink driving offences carry heavy penalties including fines ranging from $682 to $11,000, terms of imprisonment and periods of licence disqualification. The blood alcohol limit that applies to you depends on your licence and the type of vehicle you are driving. In NSW there are three levels of blood alcohol limits for drivers: zero, 0.02, and 0.05.
The laws in NSW also prohibit driving while affected by drugs or with illegal drugs present in your system. Keep up to date with fines and penalties at Transport for NSW Offences and Penalties.
Low range drink driving carries serious penalties
Penalties were introduced in May 2019 targeting low-range drink drivers. Drivers who commit a lower-range drink-driving offence for the first time may have their licence suspended immediately, effective for three months. This is coupled with a fine of $682. For second or subsequent offences, the driver will have to attend court.
New combined drink and drug driving offence
A new law took effect on 28 June 2021 introducing harsher penalties if a driver is detected with an illegal level of alcohol as well as illicit drugs present in their system. The intention of this change is to deter this high risk behaviour and send a clear message to drivers that they are putting themselves and others at significant risk when mixing alcohol and drugs with driving and this behaviour will not be tolerated on NSW roads. For more information, visit Combined drink and drug driving offence.
Don’t take the risk - separate drinking from driving
Drink driving is a serious offence. It is also an offence if you refuse to take a breath test. If you are caught drink driving, NSW Police can suspend your licence immediately. If you are convicted, significant penalties apply, including fines and even prison terms. You will be disqualified from driving and may also be ordered to install an alcohol interlock.
The NRMA has played a leadership role in addressing the dangers of drink driving in our society. We campaigned for the introduction of Random Breath Testing (RBT) in 1982 and launched the first-ever drink driving awareness campaign. Our most recent report, Bust the Boozers, outlines a series of recommendations to keep addressing these dangers.
Header image credit: Supplied and Copyright State of New South Wales (Transport for NSW). Original extended using generative AI.
