Can you get a section 10 for drink driving in NSW?

What is a section 10 for drink driving?

A section 10 is where the court finds the charge proven but dismisses it without recording a conviction, or makes a conditional release order without conviction. For a drink-driving charge, that means no conviction, no criminal record for the offence, and no disqualification.

So a section 10 is the outcome that lets a person keep their licence and avoid a record. That is why it is the aim in a drink-driving matter where the facts allow.

When will a court grant one?

The court has a discretion to grant a section 10, but it must weigh the seriousness of the offence against the person's circumstances. Drink driving is treated as a serious offence with a strong element of general deterrence, so a section 10 is not given lightly, even for a first offence.

It is most realistic for a first offender with a low-range reading, a good driving record, genuine need for a licence, and strong personal circumstances. The court has to be persuaded that, despite the seriousness, a conviction is not warranted in this case.

Why the range matters so much

The reading is the single biggest factor. A low-range first offence is a genuine candidate for a section 10. A mid-range offence is harder. A high-range offence is very rarely dealt with by a section 10, because the courts, guided by the high-range PCA guideline judgment, treat it as serious offending that ordinarily calls for a conviction and disqualification.

So the higher the reading, the steeper the climb. This is why the range shapes the whole strategy for a drink-driving matter.

How to give yourself the best chance

The subjective case is where a section 10 is won. That means good character references, evidence of the need for a licence, a clean or good driving record, and completing a traffic offender intervention program before sentence, which shows the court the person has taken the matter seriously.

Insight and steps taken matter. A person who has reflected on the offence, addressed any alcohol issue, and can show why a conviction would be a disproportionate consequence gives the court a reason to exercise its discretion.

What if a section 10 is not realistic?

Where a section 10 is not realistic, especially for higher ranges, the focus shifts to the shortest disqualification and the best available outcome, including the interlock program to get back on the road sooner. A conviction can also later become spent.

So even without a section 10, the outcome can be managed. Advice on what is realistic for your range and facts is the starting point. Our note on first offenders and records covers the wider picture.

Frequently asked.

Can you get a section 10 for drink driving in NSW?

Yes, it is possible. A section 10 means no conviction and no disqualification. It is most realistic for a first offender at the lower end, with a low reading, a clean record, and strong personal circumstances.

What does a section 10 for drink driving mean?

The court finds the charge proven but records no conviction and imposes no penalty, including no disqualification. You keep your licence and avoid a criminal record for the offence.

Can I get a section 10 for high-range PCA?

Rarely. High-range PCA is treated very seriously, guided by the guideline judgment, and ordinarily calls for a conviction and disqualification. A section 10 for high range is uncommon.

How do I improve my chance of a section 10?

Build the subjective case: good character references, evidence of your need for a licence, a good driving record, and completing a traffic offender program before sentence to show you take the matter seriously.

What if I cannot get a section 10?

The focus shifts to the shortest disqualification and the best outcome, including the interlock program to get back on the road sooner. A conviction can also later become spent after a crime-free period.

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.

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