Drink and drug driving laws in New South Wales

By the end of this topic you can

• You can state the blood alcohol limit for your licence and for full licence holders.
• You can explain random breath testing and mobile drug testing.
• You can name the four drugs police commonly test for at the roadside.
• You can recognise when a medicine may make it unsafe to drive.
• You can plan a safe way home when alcohol is involved.

What you need to know and understand

• Learner, P1 and P2 drivers must have a blood alcohol concentration (BAC) of 0.00.
• Most full licence holders, including fully licensed visitors, must be under 0.05.
• Drivers of buses, taxis and other public passenger vehicles, heavy vehicles over 13.9 tonnes and dangerous goods vehicles must be under 0.02.
• A supervising driver must be under 0.05 and drug-free.
• You must not refuse a random breath test or a drug test.
• Mobile drug testing checks saliva for cannabis, ecstasy, cocaine and methamphetamine.
• It is illegal to drink alcohol while driving, even if you stay under your limit.

Why zero really means zero

You cannot estimate your own BAC. Your size, how tired you are and drink sizes all change the result. After a heavy night, it can take more than 18 hours for your BAC to return to zero, so you may still be over the limit the next day. Coffee, a shower or food do not speed this up. Only time does.

Even one or two drinks slow your reactions, affect how you judge speed and distance, and give false confidence.

How police test drivers

• Random breath testing: police can stop any driver at any time and ask you to blow into or speak into a device.
• Mobile drug testing: police can stop any driver or supervisor and test saliva with a stick wiped on the tongue.
• Sobriety assessment: if you seem affected by any drug, including prescription medicine, police can assess you and take you for blood and urine tests.
• After a crash: police can breath test any driver involved, and hospitals can take blood and urine samples.

Medicines and mixing

It is an offence to drive under the influence of any drug, including prescription and over-the-counter medicines. Pain killers, sleeping pills, cold and flu tablets, allergy medicines and some others can cause drowsiness or blurred vision. Read the label, and if it warns against driving, do not drive. Ask a doctor or pharmacist if unsure. Never mix drugs, or drugs and alcohol.

Penalties

Penalties depend on the offence and on whether it is a repeat. They can include fines, immediate licence suspension, court disqualification, prison, and an alcohol interlock fitted to your car. For an L or P driver, losing your licence also delays your progress through the licence stages. Deeper guides on this site cover demerit points and speed rules for learners and P platers.

1. Decide before you go out how you will get home: a sober driver, public transport, a taxi or rideshare.
2. Do not drive the morning after heavy drinking.
3. If you think you might have any alcohol or drugs in your system, do not drive.

Common mistakes

• Thinking one drink is fine on your Ps. Any alcohol at all is over the limit for L, P1 and P2 drivers.
• Driving the morning after a party. Alcohol can stay in your blood for more than 18 hours.
• Assuming prescription medicine is always safe to drive on. Check the label and ask a pharmacist.
• Letting a supervisor who has been drinking sit beside you. They must be under 0.05.

Test yourself: Drink and drug driving laws in New South Wales

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• NSW Demerit Points for L and P Platers
• NSW Speed Limits for Learners and P Platers