Drink and Drug Driving Lawyers Wollongong | Morrisons
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Drink and Drug Driving Lawyers in NSW

A drink or drug driving charge in NSW can have serious consequences: loss of licence, fines, a criminal record and in some cases, imprisonment. Whether you have returned a positive breath test or been charged following a roadside drug test, the decisions you make in the hours and days after being charged can significantly impact the outcome.

The team at Morrisons are specialist drink and drug driving lawyers with extensive experience defending clients across Wollongong, Campbelltown, and the broader Illawarra. We offer a free 30 minute initial consultation so you can understand your options before making any decisions.

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Contact us today for a free initial consultation to discuss your situation.


Real Case Scenarios We Handle

These cases illustrate the kinds of traffic matters we handle every week. What connects them all is this: traffic law appears simple but contains traps that can have serious consequences for your licence, employment, and future. Early, expert legal advice before you pay a fine or make an election can make the difference between keeping your licence and losing it.

Our firm has represented clients in thousands of traffic matters across drink driving, drug driving, speeding, and mobile phone offences. We offer flat-fee pricing from $1,500 + GST, and free initial consultations to help you understand your options.

Case Study: Prescribed Cannabis (Second Offence Trap)

Our client was lawfully prescribed medicinal cannabis. They drove their vehicle, were tested at a roadside Mobile Drug Testing checkpoint, and returned a positive result for cannabis. They received an infringement notice and elected to take the matter to court without legal representation. At Court they received no conviction.

Six months later, under the same circumstances, they were charged again. Because it was now a second offence within five years — and the first had resulted in no conviction — the court was legally prevented from recording no conviction for the second offence. They were convicted and disqualified, despite driving with a lawfully prescribed substance in their system.

Key insight: What you do with a first offence can directly affect the options available to you for any subsequent charge. In NSW, it remains an offence to drive with cannabis in your system, even if you hold a valid prescription.

Case Study: Music Festival Cocaine Detection

A client used cocaine recreationally at a music festival over the weekend. A number of days later they were stopped for a random breath test on the way to their job as an apprentice. The alcohol result was negative, but a drug swab detected cocaine still in their system.

Their apprenticeship contract required them to hold a valid driver’s licence. They received an infringement notice carrying a three-month suspension. By seeking legal advice promptly, they were able to understand their options for challenging the infringement and protecting their licence and employment.

Key insight: Drugs like cocaine can remain detectable for up to a week or longer. Many people are caught days after use when they feel completely unaffected. If your licence is essential for employment, immediate legal advice is critical.

Case Study: Christmas Party Mid-Range DUI

A client attended their work Christmas party with their partner, consuming several beers over the course of the evening. Many hours later, believing they were fine to drive, they decided to drive home. They were pulled over for a random breath test and recorded a reading of 0.085, just into the mid-range.

Their licence was immediately suspended. They were arrested and taken to the police station for a formal breath analysis, which confirmed the mid-range reading. Despite having no intention to drink drive and no prior criminal history, they now faced a court appearance for a mid-range drink driving offence and the prospect of an extended licence disqualification.

Key insight: Even responsible social drinking can result in mid-range readings that surprise people. Early legal advice is critical to minimising the impact on your licence and record.

Case Study: Morning After Low-Range (Second Offence)

A client celebrated their 21st birthday with a big night out with friends. The next morning, around 9:30-10:00am, feeling recovered, they drove to visit a family member. They were pulled over due to a faulty taillight, which led to a breath test. The result came back in the low range.

The complication: they had a previous low-range offence within the past 5 years where they had received no conviction. Because this was technically a second offence within five years, they faced increased penalties and had to appear in court for sentencing despite the offence occurring the morning after and involving a relatively low reading.

Key insight: “Morning after” drink driving is more common than people realise. A prior offence, even one with no conviction, can significantly increase the consequences of a second charge.

Case Study: Prescribed Cannabis (Second Offence Trap)

Our client was lawfully prescribed medicinal cannabis. They drove their vehicle, were tested at a roadside Mobile Drug Testing checkpoint, and returned a positive result for cannabis. They received an infringement notice and elected to take the matter to court without legal representation. At Court they received no conviction.

Six months later, under the same circumstances, they were charged again. Because it was now a second offence within five years — and the first had resulted in no conviction — the court was legally prevented from recording no conviction for the second offence. They were convicted and disqualified, despite driving with a lawfully prescribed substance in their system.

Key insight: What you do with a first offence can directly affect the options available to you for any subsequent charge. In NSW, it remains an offence to drive with cannabis in your system, even if you hold a valid prescription.

Case Study: Music Festival Cocaine Detection

A client used cocaine recreationally at a music festival over the weekend. A number of days later they were stopped for a random breath test on the way to their job as an apprentice. The alcohol result was negative, but a drug swab detected cocaine still in their system.

Their apprenticeship contract required them to hold a valid driver’s licence. They received an infringement notice carrying a three-month suspension. By seeking legal advice promptly, they were able to understand their options for challenging the infringement and protecting their licence and employment.

Key insight: Drugs like cocaine can remain detectable for up to a week or longer. Many people are caught days after use when they feel completely unaffected. If your licence is essential for employment, immediate legal advice is critical.

Case Study: Christmas Party Mid-Range DUI

A client attended their work Christmas party with their partner, consuming several beers over the course of the evening. Many hours later, believing they were fine to drive, they decided to drive home. They were pulled over for a random breath test and recorded a reading of 0.085, just into the mid-range.

Their licence was immediately suspended. They were arrested and taken to the police station for a formal breath analysis, which confirmed the mid-range reading. Despite having no intention to drink drive and no prior criminal history, they now faced a court appearance for a mid-range drink driving offence and the prospect of an extended licence disqualification.

Key insight: Even responsible social drinking can result in mid-range readings that surprise people. Early legal advice is critical to minimising the impact on your licence and record.

Case Study: Morning After Low-Range (Second Offence)

A client celebrated their 21st birthday with a big night out with friends. The next morning, around 9:30-10:00am, feeling recovered, they drove to visit a family member. They were pulled over due to a faulty taillight, which led to a breath test. The result came back in the low range.

The complication: they had a previous low-range offence within the past 5 years where they had received no conviction. Because this was technically a second offence within five years, they faced increased penalties and had to appear in court for sentencing despite the offence occurring the morning after and involving a relatively low reading.

Key insight: “Morning after” drink driving is more common than people realise. A prior offence, even one with no conviction, can significantly increase the consequences of a second charge.

Case Study: Prescribed Cannabis (Second Offence Trap)

Our client was lawfully prescribed medicinal cannabis. They drove their vehicle, were tested at a roadside Mobile Drug Testing checkpoint, and returned a positive result for cannabis. They received an infringement notice and elected to take the matter to court without legal representation. At Court they received no conviction.

Six months later, under the same circumstances, they were charged again. Because it was now a second offence within five years — and the first had resulted in no conviction — the court was legally prevented from recording no conviction for the second offence. They were convicted and disqualified, despite driving with a lawfully prescribed substance in their system.

Key insight: What you do with a first offence can directly affect the options available to you for any subsequent charge. In NSW, it remains an offence to drive with cannabis in your system, even if you hold a valid prescription.

Case Study: Music Festival Cocaine Detection

A client used cocaine recreationally at a music festival over the weekend. A number of days later they were stopped for a random breath test on the way to their job as an apprentice. The alcohol result was negative, but a drug swab detected cocaine still in their system.

Their apprenticeship contract required them to hold a valid driver’s licence. They received an infringement notice carrying a three-month suspension. By seeking legal advice promptly, they were able to understand their options for challenging the infringement and protecting their licence and employment.

Key insight: Drugs like cocaine can remain detectable for up to a week or longer. Many people are caught days after use when they feel completely unaffected. If your licence is essential for employment, immediate legal advice is critical.

Case Study: Christmas Party Mid-Range DUI

A client attended their work Christmas party with their partner, consuming several beers over the course of the evening. Many hours later, believing they were fine to drive, they decided to drive home. They were pulled over for a random breath test and recorded a reading of 0.085, just into the mid-range.

Their licence was immediately suspended. They were arrested and taken to the police station for a formal breath analysis, which confirmed the mid-range reading. Despite having no intention to drink drive and no prior criminal history, they now faced a court appearance for a mid-range drink driving offence and the prospect of an extended licence disqualification.

Key insight: Even responsible social drinking can result in mid-range readings that surprise people. Early legal advice is critical to minimising the impact on your licence and record.

Case Study: Morning After Low-Range (Second Offence)

A client celebrated their 21st birthday with a big night out with friends. The next morning, around 9:30-10:00am, feeling recovered, they drove to visit a family member. They were pulled over due to a faulty taillight, which led to a breath test. The result came back in the low range.

The complication: they had a previous low-range offence within the past 5 years where they had received no conviction. Because this was technically a second offence within five years, they faced increased penalties and had to appear in court for sentencing despite the offence occurring the morning after and involving a relatively low reading.

Key insight: “Morning after” drink driving is more common than people realise. A prior offence, even one with no conviction, can significantly increase the consequences of a second charge.

Case Study: Prescribed Cannabis (Second Offence Trap)

Our client was lawfully prescribed medicinal cannabis. They drove their vehicle, were tested at a roadside Mobile Drug Testing checkpoint, and returned a positive result for cannabis. They received an infringement notice and elected to take the matter to court without legal representation. At Court they received no conviction.

Six months later, under the same circumstances, they were charged again. Because it was now a second offence within five years — and the first had resulted in no conviction — the court was legally prevented from recording no conviction for the second offence. They were convicted and disqualified, despite driving with a lawfully prescribed substance in their system.

Key insight: What you do with a first offence can directly affect the options available to you for any subsequent charge. In NSW, it remains an offence to drive with cannabis in your system, even if you hold a valid prescription.

Case Study: Music Festival Cocaine Detection

A client used cocaine recreationally at a music festival over the weekend. A number of days later they were stopped for a random breath test on the way to their job as an apprentice. The alcohol result was negative, but a drug swab detected cocaine still in their system.

Their apprenticeship contract required them to hold a valid driver’s licence. They received an infringement notice carrying a three-month suspension. By seeking legal advice promptly, they were able to understand their options for challenging the infringement and protecting their licence and employment.

Key insight: Drugs like cocaine can remain detectable for up to a week or longer. Many people are caught days after use when they feel completely unaffected. If your licence is essential for employment, immediate legal advice is critical.

Case Study: Christmas Party Mid-Range DUI

A client attended their work Christmas party with their partner, consuming several beers over the course of the evening. Many hours later, believing they were fine to drive, they decided to drive home. They were pulled over for a random breath test and recorded a reading of 0.085, just into the mid-range.

Their licence was immediately suspended. They were arrested and taken to the police station for a formal breath analysis, which confirmed the mid-range reading. Despite having no intention to drink drive and no prior criminal history, they now faced a court appearance for a mid-range drink driving offence and the prospect of an extended licence disqualification.

Key insight: Even responsible social drinking can result in mid-range readings that surprise people. Early legal advice is critical to minimising the impact on your licence and record.

Case Study: Morning After Low-Range (Second Offence)

A client celebrated their 21st birthday with a big night out with friends. The next morning, around 9:30-10:00am, feeling recovered, they drove to visit a family member. They were pulled over due to a faulty taillight, which led to a breath test. The result came back in the low range.

The complication: they had a previous low-range offence within the past 5 years where they had received no conviction. Because this was technically a second offence within five years, they faced increased penalties and had to appear in court for sentencing despite the offence occurring the morning after and involving a relatively low reading.

Key insight: “Morning after” drink driving is more common than people realise. A prior offence, even one with no conviction, can significantly increase the consequences of a second charge.

Drink Driving Offences in NSW

Drink driving in NSW is taken seriously by the courts. A conviction can potentially remain on your record for up to 10 years and, depending on your BAC reading and prior history, penalties range from fines and licence disqualification through to imprisonment.

Your charge is determined by your Blood Alcohol Concentration (BAC) reading at the time of breath analysis.

BAC Categories for Drink Driving

BAC Range Charge Category
0.150 or above High-range drink driving
0.08 to 0.149 Mid-range drink driving
0.05 to 0.079 Low-range drink driving
0.02 to 0.049 Special-range drink driving
Above 0 to 0.019 Novice-range drink driving
No specific reading required DUI — evidence of impairment by alcohol or drugs while driving or attempting to drive

For unrestricted licence holders, driving is not permitted with a BAC of 0.05 or above. Provisional, learner, and interlock licence holders must not drive with any alcohol in their system.

Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.

Penalties for Drink Driving in NSW

The penalties for drink driving in NSW vary depending on your BAC level, whether it is a first or second offence within five years, and the circumstances of the offence.

Range Max Penalty (1st Offence) Automatic Disqualification Minimum Disqualification Interlock Period
Novice $2,200 6 months 3 months
Special $2,200 6 months 3 months
Low $2,200 6 months 3 months
Mid $2,200 + up to 9 months imprisonment 6 months 3 months 12 months
High $3,300 + up to 18 months imprisonment 9 months  6 months  24 months*
DUI (alcohol) $3,300 + up to 18 months imprisonment 9 months 6 months 24 months*

The above penalties apply to a charge deemed to be a first offence. If it is a second offence, then the maximum penalties and disqualification periods increase. It can also cause a mandatory interlock order to apply, that does not apply for a first offence. 

An application can be made to the Court to be exempt from the interlock licence. The test for this can depend on the offence you are charged with. If the application is successful, it means that the interlock licence does not apply. However, this will increase the automatic and minimum disqualification periods that apply. 

For first-time low-range, novice, or special-range offences, you may receive an on-the-spot fine and an immediate licence suspension without a mandatory court appearance. However, you have the right to elect to go to court or to appeal the suspension period. For mid-range, high-range, DUI, and repeat offences, a court appearance is mandatory.

If your licence has been suspended or you are facing disqualification, you may also have options to appeal your licence suspension. A lawyer can advise you on whether an appeal is likely to succeed in your circumstances.

Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.

Can You Drive With a Medicinal Cannabis Prescription?

This is one of the most misunderstood areas of NSW drug driving law. In NSW, it remains an offence to drive with any detectable level of THC in your system, even if you hold a valid prescription for medicinal cannabis. The law does not currently provide an exemption for lawfully prescribed patients.

The consequences of this can be severe for patients who are unaware. A first offence might be resolved without a conviction, but a second offence within five years even under identical circumstances means the court is legally prevented from recording no conviction again. A conviction and disqualification become unavoidable, regardless of the legitimacy of your prescription.

If you hold a medicinal cannabis prescription and drive, we strongly recommend seeking legal advice before any court appearance and particularly before making any elections on your infringement notice.

What Are the Penalties for Drink and Drug Driving?

The penalties for drink and drug driving in NSW depend on the specific charge, the substance and reading involved, whether it is a first or second offence within five years, and the circumstances surrounding the particular case. Key factors the court considers include the BAC level or drug detected, the distance driven, whether there were passengers in the vehicle, what drew police’s attention to you, and your overall criminal and traffic history.

For first offences, some matters can be resolved without a court appearance through an on-the-spot fine. However, electing to go to court can produce better outcomes in the right circumstances or significantly worse ones if handled incorrectly. A lawyer can assess your specific situation and advise which path gives you the best chance of minimising the impact on your licence and record.

How a Drink and Drug Driving Lawyer Can Help

Whether you are facing a drink driving charge or a drug driving offence, specialist legal representation makes a significant difference to the outcome. At Morrisons, our lawyers will:

  • Advise you on your specific charge, your options, and the likely outcomes before you make any decisions
  • Identify any procedural or evidentiary issues with the breath or drug testing process
  • Help you gather supporting evidence, including character references and completion of programs such as the Traffic Offender Program
  • Advise whether paying the infringement or electing to appear in court is the better strategy for your situation
  • Represent you in court and make persuasive submissions on your behalf

We understand that a drink or drug driving charge can affect your licence, your employment, and your livelihood. Our goal is to achieve the best possible outcome for your circumstances. 

We offer flat-fee pricing  and free 30-minute initial consultations so you know exactly where you stand from the outset.

Contact us today for a free initial consultation with a specialist drink and drug driving lawyer.

Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.

What our clients say

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Drink and Drug Driving FAQs

For a BAC below 0.05, this typically means no more than one standard drink per hour. However, your BAC is influenced by many individual factors: your gender, body weight, recent food intake, fatigue, whether you are a regular drinker, and other medical factors.

Because of these variables, no one can tell you with certainty how many drinks will keep you under the limit. Our guide to how many standard drinks you can have before driving explains the legal risks in more detail. If you are going to drink, the safest approach is not to drive.

Your BAC starts to rise as soon as you begin drinking and can continue to increase for up to two hours after your last drink. Because it is impossible to accurately calculate your own BAC in real time, we advise avoiding driving after any alcohol consumption. The morning-after situation, where a driver feels sober but still has alcohol in their system, is more common than most people realise.

An interlock licence allows a driver to continue driving, after serving the initial disqualification period, for offences such as a mid-range and high-range drink driving, but only in a vehicle fitted with an alcohol interlock device. The device requires a breath sample before the car will start, with random tests required during trips. A camera ensures the driver is the one providing the sample, rather than another person.

A positive initial MDT swab result does not immediately result in a charge. A second oral fluid sample is collected and sent to an accredited laboratory for confirmation. If the lab analysis confirms the presence of a prohibited drug, you will receive either an infringement notice or a court attendance notice, depending on your traffic history and the specific offence.

The most common penalty for drink driving in New South Wales is typically a fine combined with license disqualification. However, the exact punishment may vary based on your Blood Alcohol Concentration (BAC) and whether it’s a first or repeat offence.

Detection windows vary by substance. THC can be detected in oral fluid for up to 12 hours and in blood for significantly longer depending on frequency of use. Methamphetamine is typically detectable in saliva for up to 48 hours (at a minimum). MDMA is usually detectable for 12 to 24 hours in saliva. These are general guides — individual results vary. Our article on whether you can drive days after taking drugs explains this in detail.

No. NSW law does not provide an exemption for medicinal cannabis patients. It remains an offence to drive with any detectable level of THC in your system, regardless of whether you hold a valid prescription. If you are a medicinal cannabis patient and you drive, you are at risk of a drug driving charge. We strongly recommend seeking legal advice before making any decisions about your case.

Driving with an illicit drug in your system is charged when a prohibited drug is detected through MDT or blood testing. Impairment does not need to be proven — the presence of the substance is sufficient. A DUI (driving under the influence) offence, by contrast, is based on observable impairment. Police can charge you with DUI if they believe your driving ability was impaired by drugs or alcohol, even without a specific BAC reading or positive drug test result.

When determining a sentence, the court will consider a number of factors:

  • Your BAC reading
  • The distance you drove
  • Whether you had passengers in the vehicle
  • What drew police attention, such as an RBT versus a collision
  • The circumstances in which you drove
  • Your criminal and traffic history

The most common penalty for drink driving in NSW is a fine combined with a licence disqualification. The exact outcome depends on your BAC reading and whether it is a first or repeat offence within five years. For first-time low-range offences, some matters are resolved without a court appearance. For mid-range, high-range, and repeat offences, a court appearance is mandatory and the consequences are more serious.

For a complete overview of the current penalty ranges, see the NSW drink and drug driving penalties page on the NSW Government website.

Your rights and future matter to us, and we’re here to help you make informed decisions in all traffic law matters.