The courts have made clear that non conviction orders such as ‘section 10s’ are available for all criminal offences, including drink driving.
However, your chances of getting a section 10 will depend on a range of factors including the category of drink driving offence you are charged with, whether it is your first or your second or subsequent major traffic offence within the past 5 years, your actual blood alcohol reading, the circumstances of the offence, your demonstrated remorse (including completing a traffic offender program, providing a letter of apology to the court and obtaining character references), the factors contributing to the offence, the impact of a licence disqualification and/or criminal record and any other relevant matters.