Published: 9 July 2026
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We are the only private law firm in the Illawarra, Southern Highlands and South Coast regions with three lawyers recognised as Accredited Specialists in Criminal Law by the NSW Law Society.
Published: 9 July 2026
If you have been charged with a drink driving offence for the first time, you are likely wondering what happens next, what penalties you face, and whether you can avoid a criminal conviction. The law in NSW treats drink driving seriously, but a first offence does not automatically mean the worst-case scenario. What matters is how you respond to the charge and the quality of the legal advice you receive early on.
At Morrisons, our criminal defence lawyers represent people across Wollongong, the Illawarra, Campbelltown, and the South Coast who are navigating drink driving charges for the first time. Over the years, the firm has represented thousands of people in this exact situation.
As Matthew Ward, Principal Solicitor at Morrisons, explains:
“The people we see are all the people that we all see in every walk of life. Mums, dads, family people, CEOs, business owners, employees, everyone. People always underestimate and are always surprised by their reading compared to how much they’ve drunk.”
When police stop you for a random breath test (RBT), the roadside reading is positive and you are above the legal range, the process that follows is governed by Part 2 of the Road Transport Act 2013 (NSW). The roadside test is indicative only. You will be arrested and taken to a police station where a formal breath analysis is conducted on a certified machine. That reading is the one used in court.
In some cases your licence will be suspended immediately under an on-the-spot suspension notice. You will then be issued a Court Attendance Notice (CAN) requiring you to appear at the Local Court. From the moment you are pulled over, anything you say to police can end up in the fact sheet that the Local Court Judge reads before sentencing. Matthew Ward advises:
“Technically speaking, you don’t have to talk about or discuss anything with them. You have a right to silence when dealing with the police. Be polite and respectful, but the way it can be negative is two ways: if someone talks about drinking a lot of alcohol and they don’t have an overly high reading, that goes into the fact sheet. And if they very much underestimate what they’ve drunk, that can be looked at with some doubt.”
Understanding your rights when charged with a criminal offence in NSW is critical from the moment police make contact.
Under Part 2, Division 3 of the Road Transport Act 2013 (NSW), drink driving charges are categorised by your blood alcohol concentration (BAC) reading into three ranges. Each carries different maximum penalties and disqualification periods.
The court assesses the objective seriousness of your offence within each range. A reading of 0.051 is treated very differently to one of 0.079, even though both fall in the low range. Whether there was an accident, passengers in the vehicle, or erratic driving will all affect how seriously the court treats the case. You can read more about how penalties interact with infringements on our traffic law page.
Matthew Ward explains what surprises most first-time offenders:
“The two big surprises are normally how difficult it can be to get no conviction for certain offences, and how long someone spends off the road or on the interlock licence. For high range, the automatic disqualification is nine months off the road, the minimum is six months, and then there’s an interlock period of 24 months. That costs money to get installed and, money to get calibrated monthly. That’s normally part of the surprise.”
Many of the people Morrisons represents did not set out to drink drive. Two scenarios come up repeatedly.
The function that runs late. James was at his work Christmas party with his partner. He drank mid-strength beers over a period of hours and, many hours later, decided to drive home. He was pulled over for an RBT and blew 0.085, just into the mid range. His licence was immediately suspended. He had never been arrested or appeared in court before, and now faced a mid-range drink driving charge.
The morning after. Sylvia went out for her 21st birthday and had a big night with friends. The next morning, around 9:30, she drove to see a family member. She was pulled over because a taillight was not working, which triggered a breath test. She fell into the low range, despite having slept and eaten. Because she had a previous low range offence within the last five years, the penalties she faced were significantly higher, and the sentencing options available to the court were more limited.
Matthew Ward explains why the morning after catches so many people out:
“I would have countless people saying that they felt fine and they felt okay, including other observations by friends or partners, but still falling into the low range, in the mid range. The morning after is a big one, when we see people falling into those low ranges or even the bottom end of mid range when they’ve had a sleep, when they’ve had food.”
For more on how timing and consumption interact, see how many standard drinks can you have before driving.
Yes, it is possible. Under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the court has discretion to dismiss a charge without recording a conviction, or place them on a Conditional Release Order (CRO). This is commonly referred to as a Section 10. A no-conviction result means no fine, no court-imposed disqualification, and no criminal record.
A CRO without conviction is like a good behaviour bond, where the court releases you on conditions for a specified period.
A Section 10 is not automatic. It requires proper preparation well before the court date. Matthew Ward explains the approach:
“It’s not just we turn up on the day of court and we say what we want to say. It’s a combination of providing advice early on to do things strategically to giveput ourselves in the best chance possible, and then using that material or that strategy to try and execute that.”
This is also why what you do with a first offence matters. In Sylvia’s case, she received no conviction for her first low range offence but was caught again within five years. Because of a provision in the Road Transport Act 2013 that limits the number of non-conviction outcomes within a certain period for these offences, the court could not give her a second non-conviction. She was convicted and disqualified, even though her second offence was also a morning-after scenario.
One of the most valuable things a specialist lawyer does is provide honest advice, not just the advice you want to hear. Matthew Ward is direct about this:
“It’s easy for people to be promised certain things or told certain things for the purposes of making them feel better or for the purposes of telling them that they’re not going to get a conviction. But that is very unfair to that person, because the reality is they will get a conviction. It’s better they understand why and how that may happen when they first speak with someone, than the first time they hear it is in a courtroom where it was always going to happen.”
Some people seek advice from multiple firms looking for the answer they want. Matthew Ward’s experience is that when the outcome a previous lawyer promised does not eventuate, clients often return to Morrisons to deal with the appeal or fix what happened.
Get legal advice as soon as possible. If you have been issued a court attendance notice, do not wait until the week before court to seek help. The preparation that goes into achieving the best possible outcome starts well before your court date.
Matthew Ward explains what someone should expect from that first consultation:
“The first consultation will ensure they are speaking to a specialist who knows the area of law backwards. Secondly, that they are given reassuring but also realistic advice about outcomes. That they’re speaking to someone who is providing an expert opinion from experience that allows them to plan and understand what is coming.”
At the first conference, it is helpful to bring your court attendance notice, the police fact sheet, and your traffic record. Morrisons can obtain these for you if you do not have them. From there, you will receive a clear plan covering what needs to happen before court: the traffic offenders program, references, a letter to the Judge, and where appropriate, a GP visit or referral to a forensic psychologist.
If your licence has already been suspended, you may also need advice on licence appeals and applications or what to do when police suspend your licence.
Flat fees for drink driving matters at Morrisons typically start from $2,000 plus GST.
If drugs are detected in your system alongside alcohol, you may face additional charges. Drug driving offences in NSW carry separate penalties and disqualification periods, and a common misconception is that you need to be impaired for the charge to apply. The Four Angels Law introduced combined drink and drug driving offences in NSW with increased penalties. You can also read more about traffic infringements and speeding offences in NSW on our drink driving offences service page.
A first-time drink driving charge in NSW does not have to define your future, but the steps you take immediately after being charged will determine the range of outcomes available to you. The key points to understand:
Morrisons has been representing clients in drink driving and traffic law matters across the Illawarra, Campbelltown and South Coast for decades. Contact our team today for a free consultation at our Wollongong or Campbelltown office to understand your position and your next steps.
We are the only private law firm in the Illawarra, Southern Highlands and South Coast regions with three lawyers recognised as Accredited Specialists in Criminal Law by the NSW Law Society.