What should I do if I get pulled over for an RBT?

Random Breath Testing (RBT) is a significant part of road policing in NSW, and police have broad powers to stop drivers at any time – especially during the holiday season when alcohol-related incidents peak.

Knowing your rights (and obligations) can protect you from unintentionally committing an offence.

Police can stop you at any time.

Under NSW law, police do not need a reason to pull you over for a RBT. They can stop any driver on a public road for the purpose of a RBT. 

What to do when you’re pulled over

1. Do not refuse the test

Stop when directed and provide your licence.

If you are concerned that you are over the limit, do not refuse the test. Refusing a breath analysis is a serious criminal offence that attracts higher penalties than most drink driving offences.

2. Stay calm and compliant

Arguing at the roadside won’t help – it can make the situation worse.

Although you are not required to offer any additional information, cooperating and complying with the Police may be considered by the Court at sentencing.

3. If you test positive

If you blow over the limit during a roadside breath test, you will be required to accompany the Police back to the station for a breath analysis.

The breath analysis must be completed within 2 hours of the roadside test. The breath analysis results will determine whether you are over the legal limit.

Legal Alcohol Limits in NSW

The legal Blood Alcohol Concentration (BAC) limits depend on your licence type and vehicle:

Licence / Vehicle Type	Legal BAC Limit
Learner (L), Provisional (P1/P2)	0.00 – zero alcohol allowed
Heavy vehicles (>13.9t), public passenger vehicles, vehicles carrying dangerous goods	< 0.02
Full (unrestricted) licence – most private vehicles	< 0.05

Note: Even a small drink can put you over the limit if your licence type or vehicle requires zero or near-zero BAC.

PCA “Low, Mid, High” Ranges

NSW drink-driving offences are classified by the Prescribed Concentration of Alcohol (PCA):

PCA / Range	BAC (approx)	Consequences
Low range PCA	0.05 – 0.079	Police have the discretion to either: Issue you with an immediate licence suspension (3 months) and an infringement notice; or Issue you with an immediate licence suspension and a Court Attendance Notice, which requires you to go to Court, enter a plea and be sentenced at law.  If you receive a Court Attendance Notice for a Low Range PCA matter, the Court can impose a fine of up to $2,200 and disqualify your licence for a minimum of 3 months and a maximum of 6 months.
Mid range PCA	0.08 – 0.149	Immediate licence suspension Requirement to attend Court and enter a plea to the offence.  If convicted, fines of up to $2,200 and/or 9 months imprisonment  Disqualification periods of up to 6 months with a Mandatory Interlock Order for 12 months.  Possible Community Service Work
High range PCA	≥ 0.15	Serious criminal offence Immediate licence suspension  Requirement to attend Court and enter a plea to the offence.  If convicted, fines of up to $3,300 and/or 18 months imprisonment  Possible Community Service Work Order Disqualification periods of up to 9 months with a Mandatory Interlock Order for 24 months.

What if I’ve previously been charged?

If you have been convicted of a similar offence within a 5-year period, you will be charged with committing a second or subsequent offence, which carries significantly higher penalties.

It does not have to be an identical offence. For example, if you were convicted of a mid-range drink-driving offence less than 5 years ago and are now charged with high-range drink-driving, it will be treated as a second or subsequent offence. 

Some drivers may have a defence available – for example, a breath analysis conducted outside the permitted 2-hour time window.

We can review the evidence and assess whether your charge can be reduced or defended.

Facing a drink or drug driving charge on the Central Coast or in Newcastle? We can help. We’re available 24/7 to provide legal assistance: 1300 529 444.