News · Criminal law explainer
Do first-time drink drivers get a criminal record in NSW?
Many people are shocked to learn that drink driving is a criminal offence, not just a traffic ticket. A conviction gives you a criminal record. But it is not always inevitable, especially for a first offender. This note explains whether drink driving gives you a record, when a section 10 can avoid it, and what that means.
By Aaron Kernaghan · Published 3 September 2026
A drink-driving conviction is a criminal conviction in NSW and does give you a criminal record. But a first offender, especially for a low-range or borderline offence with good subjective circumstances, can sometimes avoid a conviction through a section 10, which records no conviction and imposes no disqualification. Whether a section 10 is realistic depends heavily on the range and the facts.
Is drink driving a criminal offence?
Yes. Drink driving, including a prescribed concentration of alcohol (PCA) offence, is a criminal offence in New South Wales, not merely a traffic infringement. If you are convicted, a conviction is recorded, you will usually be disqualified, and the conviction becomes part of your criminal record.
This surprises many people, because the offence feels administrative. But a PCA conviction is a criminal conviction that can appear on a police check and affect employment and travel.
Can a first offender avoid a conviction?
Sometimes. The court has a discretion, under section 10, to find the charge proven but dismiss it without recording a conviction, or to make a conditional release order without conviction. Where a section 10 is granted, there is no conviction and no disqualification.
A section 10 is more realistic for a first offender at the lower end, with a low reading, a good driving record, and strong personal circumstances. It is much harder for a high-range reading, where the courts treat the offence very seriously.
What affects the chance of a section 10?
The range of the reading is the biggest factor: a low-range first offence is a far better candidate than a mid or high range. Beyond that, the court looks at the person's character, driving record, the reason for driving, the need for a licence, and any steps taken, such as a traffic offender program.
Presenting the subjective case well, with references and evidence, is how a section 10 is won. It is a good example of why advice at sentence matters even for a first offence.
What if a conviction is recorded?
If a conviction is recorded, you have a criminal record for the offence, and a disqualification applies. The conviction can later become spent after a crime-free period, generally 10 years, so it does not last forever, but it is a record in the meantime.
So even where a section 10 is not achievable, the long-term position improves with time. But avoiding the conviction in the first place, where possible, is the better outcome.
What should a first offender do?
Get advice before the court date. A first offender should understand whether a section 10 is realistic for their range and circumstances, and if it is, how to present the subjective case to give the best chance. Completing a traffic offender program before sentence can help.
Do not assume a conviction is automatic, and do not assume a section 10 is guaranteed. The outcome depends on the range and the facts. Our note on PCA offences explains the charges.
Frequently asked.
Do first-time drink drivers get a criminal record in NSW?
A conviction for drink driving is a criminal conviction and gives you a record. But a first offender can sometimes avoid a conviction through a section 10, which records no conviction and imposes no disqualification.
Is drink driving a criminal offence?
Yes. A PCA or drink-driving offence in NSW is a criminal offence, not just a traffic infringement. A conviction is recorded, you are usually disqualified, and it becomes part of your criminal record.
When can I avoid a conviction for drink driving?
Through a section 10, which is more realistic for a first offender at the lower end, with a low reading, a good record, and strong personal circumstances. It is much harder for a high-range reading.
What affects my chance of a section 10?
The range of the reading is the biggest factor, then your character, driving record, reason for driving, need for a licence, and steps taken such as a traffic offender program. Presenting the subjective case well is key.
Does a drink-driving conviction last forever?
No. A conviction can become spent after a crime-free period, generally 10 years, so it does not last forever, but it is a record in the meantime. Avoiding the conviction where possible is better.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
Related across the firm