Drink & Drug Driving
Expert Legal Advice for Drink and Drug Driving Charges
If you’ve been charged with drink driving or drug driving in New South Wales, it’s important to act quickly. The consequences can be serious, including fines, licence disqualification, and even imprisonment. At Tyson Legal, we have extensive experience representing clients in drink and drug driving matters across NSW. We’ll help you understand your options, protect your rights, and achieve the best possible outcome.
If you have been charged with a traffic offence and you would like assistance to understand your options, Tyson Brown is a NSW Law Society registered criminal lawyer, with a decade of experience acting for people charged with criminal and/or traffic offences.
Call 0420 961 953 for personalised advice and service.
Understanding Drink and Drug Driving Charges
Drink Driving (PCA Offences)
In NSW, drink driving offences are based on your Prescribed Concentration of Alcohol (PCA). There are several levels of PCA:
- Novice Range: 0.00 – 0.019 (for certain licence holders)
- Special Range: 0.02 – 0.049
- Low Range: 0.05 – 0.079
- Mid Range: 0.08 – 0.149
- High Range: 0.150 and above
The higher the range, the more severe the penalties. Even a first offence can lead to licence suspension and significant fines.
Driving Under the Influence (DUI)
A Driving Under the Influence (DUI) charge is different from a PCA offence. It applies when police allege that you were impaired by alcohol or drugs to the extent that you were incapable of proper control of a vehicle. Unlike PCA offences, a DUI charge does not depend on a specific blood alcohol reading — it is based on police observations of your behaviour, appearance, or manner of driving.
DUI offences are treated seriously by NSW courts and can result in heavy fines, mandatory licence disqualification, and possible imprisonment. Because these cases often rely on subjective evidence, it’s crucial to obtain legal advice as soon as possible. Tyson Legal can carefully review the police evidence and challenge the basis of the charge where appropriate.
Drug Driving
Drug driving laws in NSW prohibit driving with illicit drugs such as cannabis, cocaine, MDMA (ecstasy), or amphetamines present in your system. These offences are typically detected through roadside oral fluid (saliva) or blood tests.
Repeat or aggravated drug driving offences can attract harsher penalties, including longer disqualificationsand potential jail time.
Possible Penalties
Depending on the charge and your driving record, penalties may include:
- Licence suspension or disqualification
- Fines
- Community service or good behaviour bonds
- Interlock device programs
- Imprisonment (for serious or repeat offences)
Tyson Legal can advise you on potential defences, plea options, and mitigating factors to reduce your penalty or preserve your licence where possible.
Defences to Drink or Drug Driving
Some potential defences include:
- The test was administered incorrectly
- You were not driving at the time of the offence
- There was a delay between driving and testing
- The testing equipment was faulty or procedures not followed
Every case is unique, we’ll assess your circumstances carefully and develop the best possible defence strategy.
How Tyson Legal Can Help
We understand that facing a drink or drug driving charge can be stressful and confusing. Our team provides clear, practical advice and experienced court representation. We will:
- Review the evidence and identify any weaknesses in the prosecution’s case
- Advise whether to plead guilty or not guilty
- Prepare strong submissions to minimise penalties
- Represent you in court with confidence and professionalism
Whether you are charged with low-range PCA, mid or high-range PCA, or a drug presence offence, Tyson Legal will guide you through every step of the process.
Contact Tyson Legal
If you’ve been charged with a drink driving or drug driving offence in NSW, don’t face it alone. Speak to our experienced traffic law team today for confidential, obligation free consultation