Drink-driving limits in New South Wales (2026)

Last reviewed: 29 October 2026

In short: New South Wales sets the limit at 0.05% blood alcohol for full licence holders, with zero for learner and provisional drivers and 0.02% for public passenger and heavy vehicle drivers. Police can stop any driver at any time for a breath test. A first high range offence can bring a fine of up to AUD 3,300 and 18 months in prison.

RuleWhat applies
Blood alcohol limit for ordinary driversDriving after drinking alcohol0.05 % blood alcohol [1]
Lower limit for novice or young driversDriving after drinking alcohol0.00%: learner (L) and provisional (P1, P2) licence holders. [1]
Limit for professional or commercial driversDriving after drinking alcoholUnder 0.02%: public passenger vehicles (buses, coaches, taxis, rideshare, hire cars), heavy vehicles and combinations over 13.9 tonnes GVM or GCM, and dangerous goods vehicles. [1]
Random breath tests without suspicionDriving after drinking alcoholYes [1]
Maximum penaltiesDriving after drinking alcoholFirst offence, high range (0.15 or more): maximum court fine AUD 3,300, up to 18 months in prison, disqualification of at least 12 months. Second or later offence: up to AUD 5,500 and 2 years. Mid range first offence: up to AUD 2,200 and 9 months. Refusing a test: up to AUD 3,300 first offence. [2]

Notes

  • Low, novice and special range first offences can be dealt with by a penalty notice of AUD 722.

Sources

  1. NSW Government: Alcohol limits, drugs and medicines (consulted 29 October 2026) · all sources
  2. NSW Government: Drink and drug driving penalties (consulted 29 October 2026) · all sources

More rules in New South Wales

  • E-scootersUse on public roads: Banned (private e-scooters) · Minimum age: 16
  • CannabisPossession for personal use: Criminal offence · Growing at home: Banned
  • Car speed limitsBuilt-up areas: 50 km/h · Outside built-up areas (single carriageway): 100 km/h
  • Deposit return schemes and plastic bagsNational deposit return scheme in operation: Yes, Return and Earn · Deposit per container: 10c refund
  • Minimum age for a car driving licenceMinimum age for a car licence: 17 (P1 licence) · Earliest age to drive a car supervised: 16, with a supervisor
  • Driving after drugsApproach to cannabis (THC): Any trace is an offence · THC threshold: Any active THC
  • E-bikes and speed pedelecsLegal class: Bicycle rules · Minimum age: None at present (12-16 planned)
  • FireworksConsumers may buy and use category F2 fireworks: No (licence needed)
  • Foreign driving licencesOverseas licence valid for a visitor: Yes, up to 6 months as a temporary visitor · Overseas licence after becoming a resident: Permanent resident: NSW licence within 3 months
  • Home educationLegal status of home education: Registration required · Nature of the parental duty: School or registration
  • Knives and pepper sprayFolding pocket knives: Offence without reasonable excuse · Locking or one-handed knives: Auto-opening knives prohibited
  • Motorcycles: helmets and licencesHelmet required for the rider: Yes · Helmet required for a passenger: Yes
  • Paid holidayMinimum paid leave a year (weeks): 4 weeks (5 for some shiftworkers) · Minimum paid leave as the law states it: 4 weeks a year; extra week for some shiftworkers
  • Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-free use: Cradle only, touch limited; L/P: none
  • Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes
  • Smoke alarms in homesSmoke alarm legally required in homes: Yes, all homes · Minimum alarms and where: At least one working smoke alarm complying with Australian Standard 3786 on each level of the premises.
  • Tobacco and nicotine age limitsMinimum age to buy tobacco: 18
  • Drinking age and alcohol salesMinimum age to buy beer and wine: 18 · Minimum age to buy spirits: 18

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General information, not legal advice. Rules change: check the official source before you fly or ride.