# How Is Intoxication Defined Legally in NSW

> Nash Allen Williams & Wotton - Central Coast NSW solicitors since 1957. Offices at Tuggerah (02 4332 3588) and Budgewoi (02 4399 2800). Canonical page: https://nawwlaw.com.au/legal-services/criminal-and-traffic-law/how-is-intoxication-defined-legally/

**Jurisdiction:** New South Wales, Australia | **Last updated:** 2026-07-30 | **Source:** Nash Allen Williams & Wotton, https://nawwlaw.com.au/legal-services/criminal-and-traffic-law/how-is-intoxication-defined-legally/

In NSW, a person is legally intoxicated when their speech, balance, co-ordination or behaviour is noticeably impaired and it is reasonable to believe that impairment results from alcohol (Liquor Act 2007, s 5) - extended by the Crimes Act 1900 (s 428A) to impairment by alcohol, drugs or any other substance. Here is how that definition works in criminal, driving and civil liability cases.

## What is the legal definition of intoxication in NSW?

Under section 5 of the Liquor Act 2007, a person is intoxicated when their physical and mental abilities - such as speech, balance, co-ordination or behaviour - are impaired, and it is reasonable to believe that impairment results from consuming liquor. Section 428A of the Crimes Act 1900 expands the definition to include impairment because of the influence of alcohol, a drug or any other substance.

## How is intoxication determined?

Three factors carry the most weight. The level of impairment, assessed by comparing the person's behaviour to normal standards. Blood alcohol concentration (BAC), where the legal limits are 0.05% for fully licensed drivers and zero for provisional and learner drivers. And witness testimony and observations, including physical signs such as dilated pupils, erratic behaviour and unusual speech patterns.

## Is intoxication a defence to a criminal charge?

Generally, no. Intoxication is not typically a legal defence, and people remain responsible for actions committed while intoxicated. Courts may, however, consider voluntary intoxication when assessing intent.

## How does intoxication affect driving offences?

NSW enforces strict drink-driving laws, and police can conduct random breath testing. Exceeding the legal BAC limit results in fines, licence disqualification and possible imprisonment.

## How does intoxication affect a compensation claim?

In civil liability, the concept of contributory negligence applies. Compensation may be reduced if the injured person's intoxicated state contributed to the accident.

## What are the consequences of being legally intoxicated?

Three main consequences flow from it. Criminal charges, including assault, property damage or disorderly conduct. Licence suspension and fines for driving offences. And reduced compensation in personal injury claims, where intoxication contributed to the incident.

## How we can help

- Advising on how intoxication affects the charge you are facing
- Appearing for you in the Local Court
- Preparing the material the Court will want to see before sentencing

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