Drink and Drug Driving Lawyers in Ashfield
Advice on prescribed concentration of alcohol (PCA) charges, drug-driving charges, immediate licence suspensions and related court appearances, from our Ashfield office.
A drink-driving or drug-driving charge can affect your licence, your work and, in some cases, whether a conviction is recorded. Police can also suspend a licence immediately, sometimes before the matter reaches court. Early advice helps you understand the charge, the effect of any suspension, and the process that follows.
Monardo Legal assists clients across Sydney’s Inner West and New South Wales from our only office at Unit 1 / 534 Parramatta Road, Ashfield NSW 2131. This page is general information. It is not legal advice about your particular charge, and current penalties should be checked against NSW Government publications because they can change.
PCA ranges and related charges
Most drink-driving charges in NSW are laid as PCA offences under the Road Transport Act 2013 (NSW). The range depends on the blood alcohol reading and the type of licence you hold:
- Novice range — learner and provisional drivers must not have any alcohol
- Special range — a lower limit applies to special-category drivers (for example, some professional drivers)
- Low range — 0.05 to under 0.08
- Mid range — 0.08 to under 0.15
- High range — 0.15 and above
Police may instead, or as well, charge:
- driving under the influence of alcohol or a drug (an impairment-based offence, often called DUI)
- driving with a prescribed illicit drug present, often first detected by a roadside saliva test (commonly cannabis, MDMA, cocaine or methamphetamine)
- a combined drink-and-drug driving offence, which carries more serious maximum penalties
- refusing or failing to provide a test sample, which can itself be a serious offence
The wording on the Court Attendance Notice or penalty notice matters. Bring that document to your first appointment.
Immediate licence suspension
Police can immediately suspend a licence for PCA offences and for certain other driving offences. For some first lower-range matters the suspension may be for a set period and the offence may be dealt with by a penalty notice. For mid-range and high-range charges, the suspension often continues until the court deals with the matter.
If your licence has been suspended, you generally must not drive. Driving while suspended is a serious offence. There is a limited right to appeal some immediate suspensions to the Local Court, and time limits apply. A solicitor can look at the notice you were given and tell you what, if anything, can be done and by when.
Disqualification, interlock and sentence
If a court convicts you of a drink-driving offence, it will usually disqualify you from driving for a period. Automatic, minimum and maximum disqualification periods are set out in the legislation and vary with the range of the offence and whether it is a first or later offence.
A mandatory alcohol interlock order can also apply, including for first mid-range and high-range offences and for some subsequent lower-range offences. An interlock is a breath-testing device fitted to a vehicle. In limited circumstances a court may make an interlock exemption order; that is not routine, and you need to ask for it at sentence and meet the legal test.
In some cases a court may consider dismissing a charge or making a Conditional Release Order without recording a conviction, under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). That outcome is not available in every case, cannot be promised, and can be affected by the type of traffic offence and by interlock rules. We do not promise that a court will decline to record a conviction or that you will keep your licence.
Current fine and disqualification figures are published on the NSW Government’s drink and drug driving penalties page. We can talk you through the figures that apply to your charge at an appointment, rather than leaving a table on this page that may go out of date.
How we can help
- Advice before a first court date, including on a penalty notice or immediate suspension
- Advice on plea, sentence and, where it is realistically open, a non-conviction order
- Preparation of material for sentence, such as character references and evidence of any treatment or education you have undertaken
- Court representation in the Local Court, including at Burwood Local Court and the Downing Centre when a matter is listed there
- Advice on related traffic and licence matters, including some licence appeals
If you intend to defend a charge, we will assess the prosecution case and advise you on prospects as we see them. Defences, if any, depend on the evidence — including how the test was carried out — and should not be assumed from a general description on a website.
Lawyers who can assist
Areas we serve
We act for clients across Sydney’s Inner West from our Ashfield office. These are service areas, not separate offices. See also our pages for Burwood, Strathfield, Five Dock and Leichhardt.
Frequently asked questions
Can I keep driving after a roadside drink-driving charge?
Often, no. Police can suspend a licence immediately for PCA and certain other driving offences. Check the notice you were given. Driving while suspended is a serious offence. Call (02) 8006 5244 if you are unsure what the notice means.
Will I lose my licence if I am convicted?
A conviction for a drink-driving offence usually involves a disqualification period, and a mandatory interlock order can apply to some charges, including first mid-range and high-range offences. The period depends on the charge and whether it is a first or later offence. A solicitor can explain the range that applies to your matter.
Can a drink-driving charge be dismissed without a conviction?
Sometimes, under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), but not in every case and never as a promise. Particular traffic and interlock rules can limit what a court may do. Advice has to be based on your charge, reading, record and circumstances.
What is the difference between a PCA charge and drug driving?
A PCA charge is about the concentration of alcohol in your system. A drug-presence charge is about certain illicit drugs being detected, often first by a saliva test, and does not require proof that you were impaired. Driving under the influence is a separate, impairment-based offence. Combined drink-and-drug charges also exist.
Where do I meet you, and which court will I go to?
Appointments are at our Ashfield office, or by phone or video. Many Inner West driving matters are listed at Burwood Local Court or, in some cases, the Downing Centre. The court is shown on the Court Attendance Notice.
Discuss your drink-driving matter
Call Monardo Legal on (02) 8006 5244, email info@monardolegal.com.au, or request a consultation. Office hours are Monday to Friday, 9:00 am–5:00 pm.
Website information is general information, not legal advice about your particular matter.