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This topic covers
- Drink driving
- Drug drivingÂ
- Pleading guilty or not guilty to the offence
- Alcohol interlock and exemption orders
- Drink driving
| Time limit | Action |
|---|---|
| 28 days, or three months with the leave (permission) of the Court | To appeal a decision of the Local Court to the District Court, if you attended court when you were convicted and sentenced. |
| Two years | From the date of the decision to apply for an annulment, if you didn't attend court. |
Organisation
| Organisation | Responsibilities |
|---|---|
| Local Court of NSW | Drink driving and drug driving offences are usually heard in the Local Court of NSW.​ For some offences, you might get a fine notice and suspension instead. |
Legislation
| Authority | Covers |
|---|---|
| Road Transport Act 2013 (NSW) | Outlines the offences of drink driving and drug driving. |
| Common term | Definition |
|---|---|
| ​Alcohol or other drug driving offence | ​An offence that involves the presence of alcohol or any other drug in a person’s system and is prescribed by the statutory rules. |
| Alcohol related major offence | A serious offence involving alcohol, as defined in section 209 of the Road Transport Act 2013 (NSW). |
| Annulment application | An application to cancel or reverse a decision and have the matter re-heard by the original court. You can make this application if you missed your court date. If your application is successful, the decision that was made in your absence will be cancelled and your matter will be re-heard. |
| Court Attendance Notice (CAN) | A notice, issued by the police or other authority, that tells you the date and time that you have to go to court to answer a charge for an offence. |
| Disqualification | A court order cancelling your licence and banning you from driving for a period of time. |
| Driver knowledge test | A test of the person's knowledge of safe driving practices and road law. |
| Driver education course | A course designed to increase a person's knowledge of, and to encourage, safe driving behaviour. |
| Habitual Traffic Offender | A person who received three or more convictions for serious traffic offences in five years and was declared a Habitual Traffic Offender. The Court no longer makes these orders. |
| Interlock condition | A condition imposed on an interlock driver licence. |
| Interlock device | An electronic breath testing device that is linked to a vehicles ignition system. Drivers must provide a breath sample that is analysed for alcohol before the vehicle will start. If the interlock detects alcohol the ignition system is disabled. |
| Interlock period | The period:
|
| Interlock driver licence | A conditional licence that requires the holder of the licence to only drive a motor vehicle fitted with an approved interlock device. |
| Alcohol interlock offence | An offence where an alcohol interlock order applies. |
| Alcohol interlock order | A court order that disqualifies a person from driving and implements a period following the disqualification where the person must apply for an interlock licence, otherwise they can't drive for five years from the date of conviction. |
| ​Notice of Penalty | ​A document sent to the Defendant by the Court after the case. It tells the Defendant what penalty was imposed by the Court and provides payment options. |
| ​Prescribed Concentration of Alcohol (PCA) | The measure used by the police to record the amount of alcohol on a driver's breath or in their blood. Measured in grams per 100 millilitres of blood, the current prescribed limit is 0.05grams per 100 millilitres. |
| Section 10 | An order made by a court under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) that a person is guilty of an offence but no conviction is recorded for the offence. This includes a Conditional Release Order (CRO) without conviction. |
| Organisation | Fees |
|---|---|
| Local Court of NSW | You have to pay a fee to appeal a Local Court decision to the District Court. See Fees on the Local court website. If you can't afford to pay a fee in the Local Court, you can apply to postpone, remit or waive it. See Application to postpone, remit or waive payment of a court fee on the Local Court website. |
| Organisation | Forms |
|---|---|
| Local Court of NSW | Forms |
| Type | Costs |
|---|---|
| Court Costs Levy | If you are convicted of an offence, the Court will order that you pay the Court Costs Levy unless you:
If you are under 18, the Court may direct that you don't have to pay the Court Cost Levy. Court costs are separate to any fine you receive, and the Victims Support Levy. If you have multiple charges, you will have to pay court costs for each offence. For more information, see Paying fines and judgement amounts on the Local Court of NSW website. |
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Last updated: March 2024