Book Your Free Consultation

Why Choose Willcox Criminal and Civil Lawyers?

Willcox Criminal and Civil Lawyers is a specialist criminal law firm with extensive experience appearing in drink driving matters across Sydney and New South Wales. We regularly represent clients charged with a range of alcohol-related driving offences and provide clear, practical advice grounded in a detailed understanding of NSW traffic and criminal law.

Drink driving cases often involve technical issues such as breath analysis procedures, police compliance with statutory requirements, reading accuracy, and the interpretation of blood alcohol levels. Our approach is focused on careful examination of the prosecution evidence and early advice in relation to possible challenges, sentencing options, and licence outcomes.

We understand the significant impact that licence disqualification can have on a person’s employment, family responsibilities, and daily life. Throughout each matter, we act with professionalism and discretion, ensuring our clients are fully informed about the process, the potential consequences, and the options available to them at every stage.

Book Your Free Consultation

Sydney-Based Court Experience

We appear frequently in Sydney Local Courts, as well as the District and Supreme Courts of NSW. Our familiarity with local court processes, police procedures, and prosecution practices allows us to navigate cases efficiently and effectively.

Strategic, Individualised Representation

No two cases are the same. We take the time to understand the circumstances of each matter and provide clear, practical advice based on the evidence, your objectives, and the likely outcomes.

Focused on Protecting Your Future

Our priority is to protect your rights and minimise the impact of charges on your life. Where possible, we work to avoid convictions, reduce penalties, and achieve outcomes that safeguard your future.

Our Lawyers Specialise In

Novice Range Drink Driving Special Range Drink Driving Low Range Drink Driving Mid-Range Drink Driving High-Range Drink Driving

Novice Range Drink Driving

Novice range drink driving applies to learner and provisional licence holders who are detected with a blood alcohol concentration (BAC) between 0.001 and 0.019. As novice drivers are subject to a zero-alcohol condition, even a very small reading may result in a charge.

Where police allege a novice range drink driving offence, they may issue an on-the-spot fine together with a three-month licence suspension. This suspension can be appealed. Alternatively, police may elect to commence court proceedings.

If the matter proceeds to court and you plead guilty or are found guilty, an automatic licence disqualification of six months applies where you have not been convicted of another major traffic offence within the previous five years. The court has discretion to reduce this to a minimum disqualification period of three months. The maximum fine for a first offence is $2,200.

For a second or subsequent major traffic offence within five years, more serious penalties apply. These include a three-month disqualification (reducible to one month), followed by 12 months of participation in the interlock program, and a maximum fine of $3,300.

In appropriate cases, the court may deal with a novice range drink driving offence by way of a non-conviction order, meaning no licence disqualification, no fine, and no criminal conviction is recorded.

Special Range Drink Driving

Special range drink driving applies to learner and provisional licence holders who are detected with a blood alcohol concentration (BAC) between 0.020 and 0.049. As novice drivers are subject to strict alcohol limits, readings within this range may result in a charge.

If police allege a special range drink driving offence, they may issue an on-the-spot fine together with a three-month licence suspension, which can be appealed. Alternatively, police may elect to commence court proceedings.

Where the matter proceeds to court and you plead guilty or are found guilty, an automatic licence disqualification period of six months applies if you have not been convicted of another major traffic offence within the previous five years. The court has discretion to reduce this to a minimum disqualification period of three months. The maximum fine for a first offence is $2,200.

For a second or subsequent major traffic offence within five years, more severe penalties apply. These include a three-month disqualification (which may be reduced to one month), followed by 12 months in the interlock program, and a maximum fine of $3,300.

In appropriate cases, the court may impose a non-conviction order, meaning no licence disqualification, no fine, and no criminal conviction is recorded. Whether such an outcome is available depends on the circumstances of the offence and the offender.

Low Range Drink Driving

Low range drink driving applies where a driver is detected with a blood alcohol concentration (BAC) between 0.05 and 0.079. This offence applies to full licence holders and is treated as a serious traffic offence at law.

If police allege a low range drink driving offence, they may issue an on-the-spot fine together with a three-month licence suspension, which can be appealed. Alternatively, police may elect to commence court proceedings.

If the matter proceeds to court and you plead guilty or are found guilty, an automatic licence disqualification period of six months applies where you have not been convicted of another major traffic offence within the previous five years. The court has discretion to reduce this to a minimum disqualification period of three months. The maximum fine for a first offence is $2,200.

For a second or subsequent major traffic offence within five years, more serious penalties apply. These include a three-month disqualification (which may be reduced to one month), followed by 12 months in the interlock program, and a maximum fine of $3,300.

In appropriate cases, the court may deal with a low range drink driving offence by way of a non-conviction order, meaning no licence disqualification, no fine, and no criminal conviction is recorded. Whether this outcome is available will depend on the circumstances of the offence and the offender.

Mid-Range Drink Driving

Mid-range drink driving applies where a driver is detected with a blood alcohol concentration (BAC) between 0.08 and 0.149. This offence is treated seriously by NSW courts and carries substantial penalties, including licence disqualification, fines, imprisonment, and mandatory participation in the interlock program.

First Major Traffic Offence (Within 5 Years)

If mid-range drink driving is your first major traffic offence within the past five years, the court may impose the following maximum penalties:

  • Up to 9 months imprisonment;
  • Licence disqualification of 6 months, which may be reduced to a minimum of 3 months;
  • 12 months in the interlock program; and
  • A maximum fine of $2,200.

Alternatively, the court may grant an interlock exemption, in which case the maximum penalties are:

  • Up to 9 months imprisonment;
  • Licence disqualification of 12 months, reducible to 6 months; and
  • A maximum fine of $2,200.

Second or Subsequent Major Traffic Offence (Within 5 Years)

If the offence is your second or subsequent major traffic offence within five years, more severe penalties apply. The maximum penalties include:

  • Up to 12 months imprisonment;
  • Licence disqualification of 9 months, reducible to 6 months;
  • 24 months in the interlock program; and
  • A maximum fine of $3,300.

Where the court grants an interlock exemption, the maximum penalties increase to:

  • Up to 12 months imprisonment;
  • Licence disqualification of up to 3 years, reducible to 12 months; and
  • A maximum fine of $3,300.

The penalties imposed will depend on the circumstances of the offence and the offender, including prior driving history and whether an interlock exemption is granted.

High-Range Drink Driving

High-range drink driving applies where a driver is detected with a blood alcohol concentration (BAC) of 0.15 or higher. This is regarded as the most serious category of drink driving in New South Wales and carries significant penalties, including lengthy licence disqualification, substantial fines, imprisonment, and mandatory participation in the interlock program.

First Major Traffic Offence (Within 5 Years)

If high-range drink driving is your first major traffic offence within the past five years, the court may impose the following maximum penalties:

  • Up to 18 months’ imprisonment;
  • Licence disqualification of 9 months, reducible to a minimum of 6 months;
  • 24 months in the interlock program; and
  • A maximum fine of $3,300.

Alternatively, where the court grants an interlock exemption, the maximum penalties increase to:

  • Up to 18 months’ imprisonment;
  • Licence disqualification of up to 3 years, reducible to 12 months; and
  • A maximum fine of $3,300.

Second or Subsequent Major Traffic Offence (Within 5 Years)

For a second or subsequent high-range drink driving offence within five years, substantially harsher penalties apply. The maximum penalties include:

  • Up to 2 years’ imprisonment;
  • Licence disqualification of 12 months, reducible to 9 months;
  • 48 months in the interlock program; and
  • A maximum fine of $5,500.

If the court grants an interlock exemption, the maximum penalties increase further to:

  • Up to 2 years’ imprisonment;
  • Licence disqualification of up to 5 years, reducible to 2 years; and
  • A maximum fine of $5,500.

The penalty ultimately imposed will depend on the circumstances of the offence, the offender’s driving history, and whether an interlock exemption is granted.

Experienced Drink Driving Lawyers in NSW

Drink driving offences are treated seriously by the courts and can carry significant consequences, including licence disqualification, fines, interlock requirements, and, in some cases, imprisonment. These matters often involve technical and procedural considerations, as well as discretionary sentencing outcomes, making early and informed legal advice important.

Where a client intends to plead guilty to a drink driving charge, there are often steps that can be taken to reduce the seriousness of the outcome. A considered approach may involve addressing aspects of the charge itself, as well as demonstrating to the court that the offence is acknowledged and that responsibility has been accepted.

Courts give significant consideration to evidence of insight and rehabilitation when determining an appropriate sentence. In suitable cases, preparation may involve the gathering of character references, the preparation of a letter of apology, and completion of the Traffic Offenders Rehabilitation Program (TORP). These steps can assist the court in understanding the offender’s personal circumstances and in demonstrating genuine remorse and contrition.

Where appropriate, this preparation may support an application for a non-conviction order, such as a section 10 dismissal or a Conditional Release Order without conviction. A non-conviction order means that although the offence is established, no criminal conviction is recorded, no fine is imposed and no licence disqualification.

We offer fixed fees for criminal matters proceeding to court and a free initial confidential consultation. If you are facing drink driving charge, early advice can make a decisive difference to the outcome of your case. Call us on (02) 8251 0067 or enter your details below to book your free consultation now.

Book Your Free Consultation

Section 10

Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) allows a court to dismiss a charge without recording a conviction following a plea of guilty or a finding of guilt.

In practice, a Section 10(1)(a) dismissal is most commonly granted after a plea of guilty, where the offender demonstrates genuine remorse, contrition, and otherwise good character. When imposed, the matter is finalised with no criminal conviction recorded.

Read More

Appeals

There are two types of criminal appeals: conviction appeals and severity appeals.

A conviction appeal challenges a finding of guilt following a contested hearing, while a severity appeal challenges the sentence imposed after a plea of guilty or a finding of guilt. An appeal against both conviction and sentence is known as an “all grounds appeal.”

If the appellate court is considering imposing a more severe sentence, the judge must issue a Parker warning (as established in Parker v DPP (1992) 28 NSWLR 282), giving the appellant the opportunity to withdraw the appeal before a harsher penalty is imposed.

Appeals must be lodged within 28 days of sentencing.

Read More

Legal Aid

Legal Aid NSW is a government-funded organisation that provides legal advice and representation to eligible members of the community.

Assistance through Legal Aid NSW is subject to specific eligibility criteria and assessment processes.

In some cases, Legal Aid NSW may allocate criminal matters to approved private solicitors who are members of the relevant Legal Aid Panel. If you are granted Legal Aid, you may request that your matter be referred to Willcox Criminal and Civil Lawyers.

Read More

Section 14

Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) allows certain criminal charges to be dismissed where the defendant has a mental health condition.

A Section 14 order enables an eligible defendant to apply for dismissal of the charge by entering into an agreement to undertake appropriate mental health treatment, rather than proceeding through the criminal justice system.

Read More

Delivering results, one case at a time.

Request a Free Consultation by calling (02) 8251 0067 or by completing the online form.

Book a Free Consultation

DD slash MM slash YYYY

Testimonials

Here are some of the reviews left by our esteemed clients.

Outstanding Legal Support

“I used Willcox Criminal and Civil Lawyers for a matter last year. Ben was the lawyer that assisted me. Through the whole process, I was kept up to date and provided full and frank costings before proceeding. Ben’s knowledge and expectations on how the matter would run, were amazing. He was kind, courteous and was able to sympathise with me, and was available for questions I may have. He would respond as soon as he was available to. I could not recommend this firm more for Criminal matters. They are absolute champions.”

- Brett, NSW


Testimonials

Here are some of the reviews left by our esteemed clients.

Life-Changing

“Dear Ben Willcox, we can’t thank you enough for your professionalism, compassion and expert legal guidance during an extremely stressful time for our family. Your strong advocacy resulted in a “good behaviour bond” instead of a “conviction and penalty” which has made a life-changing difference to our nephew’s future. We are forever grateful. We highly recommend your services.”

- Esperanza, NSW


Testimonials

Here are some of the reviews left by our esteemed clients.

Victorious Result

“We recently worked with Ben & Michael at Willcox Criminal & Civil Lawyers with a challenging legal matter involving The Department of Fair Trading. They took the time to understand our case, offering clear guidance and support at every step. Their passion for justice and dedication to our case was evident, and it was clear that they were invested in achieving the best possible outcome for us. We are extremely grateful to Ben and Michael for securing us a victorious result. If ever you need reliable legal counsel, look no further than Willcox Criminal & Civil Lawyers, they are the best.”

- Julie, NSW


Testimonials

Here are some of the reviews left by our esteemed clients.

Made All The Difference

“Your efforts in negotiating with the police on my behalf made all the difference, and I’m extremely grateful for the excellent result you were able to achieve. Your approach gave me confidence throughout the process, and I truly felt supported every step of the way. I can’t thank you enough for your hard work, and I’m beyond appreciative of how you both handled everything with care and expertise.”

- Tim, NSW


Testimonials

Here are some of the reviews left by our esteemed clients.

Highly Recommended

“Ben was always available, clear and informative – he was able to effectively communicate with the police and managed to prevent charges that seemed inevitable at one point. Highly recommended.”

- Etha, NSW


Testimonials

Here are some of the reviews left by our esteemed clients.

Outstanding

“Michael and his team have been nothing short of outstanding. Professional, patient, supportive and person centred, truly understanding the case. Thank you.”

- Nick, NSW


Testimonials

Here are some of the reviews left by our esteemed clients.

Excellent Result

“Your efforts in negotiating with the police on my behalf made all the difference, and I’m extremely grateful for the excellent result you were able to achieve. Your approach gave me confidence throughout the process, and I truly felt supported every step of the way. I can’t thank you enough for your hard work, and l’m beyond appreciative of how you both handled everything with care and expertise. Thanks heaps.”

- Tim, NSW


Testimonials

Here are some of the reviews left by our esteemed clients.

Highly Professional

“I recently used the services of Ben at Wilcox Criminal and Civil Lawyers for my case, and I couldn’t be more satisfied with the outcome. Ben managed to secure a result with no conviction recorded, which was exactly what I was hoping for. The team was professional, thorough, and communicated clearly throughout the process. They understood the nuances of the legal system and knew how to navigate it to achieve the best possible outcome for my situation. I highly recommend their services to anyone in need of skilled criminal defence representation.”

- Chris, NSW