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The standard blood alcohol limit for most drivers in NSW is 0.05. What is the offence of High Range Drink Driving and what are the potential penalties?
High Range Drink Driving in NSW
The offence of High Range PCA offences applies to drivers who return a breath or blood alcohol reading of 0.150 or above.
What are the penalties for High Range Drink Driving in NSW?
The maximum penalty for an offence, upon conviction for an offence of High Range PCA categorised as a first offence within a 5 year period is a fine of $3,300 and/or imprisonment for 18 months and an automatic licence disqualification of 3 years, which can be reduced to a minimum period of 12 months in the event of an interlock exemption order being made. The Mandatory Interlock provisions apply to offences of High Range PCA resulting in a mandatory interlock licence period being imposed of 24 months, with a minimum licence disqualification period of 6 months and a maximum licence disqualification of 9 months for an offence categorised as a first offence within a 5 year period.
In the case of offences deemed to be second or subsequent offences, the maximum penalty is a fine of $5,500 and/or imprisonment for 2 months and an automatic period of disqualification of 5 years, which can be reduced to a period of 2 years in the event of an interlock exemption order being made. In the case of a second or subsequent offence, the mandatory interlock provisions apply resulting in a mandatory interlock licence period being imposed of 48 months, with a minimum licence disqualification period of 9 months and a maximum licence disqualification of 12 months.
Immediate Licence Suspensions for High Range PCA Offences
More often than not, the Police will order a driver apprehended with a High Range PCA offence to surrender their driver licence, resulting in an immediate licence suspension until the charge is determined by a court.
Some drivers may wish to appeal their immediate licence suspension, seeking that it be lifted until such time as their charge is determined by a court. This is not as easy as it sounds. Section 268(5) of the Road Transport Act 2013 (NSW) states that the court is not to vary or set aside the decision by the Police to suspend a driver’s licence unless it is satisfied that there are exceptional circumstances justifying a lifting or variation of the suspension. Moreover, the circumstances of the offence are not to be taken into account when determining any such appeal. Due to this high bar, many appeals are ultimately unsuccessful.
What is a Mandatory Interlock Order?
Unless an exemption application is successfully made at the time of sentence, drivers convicted of certain offences such as High Range Drink Driving are restricted to only driving vehicles with alcohol interlock devices for a period of time when they return to driving after their disqualification period ends. The alcohol interlock program seeks to ensure that drivers who are convicted of offences such as drink driving do not re-offend. The program is designed to reduce drink-driving and improve safety for all road users. For more information about Mandatory Interlock Orders and the Alcohol Interlock Program, please refer to our blog article here.
Sentencing for High Range PCA Offences
Offences of High Range PCA are serious and can result in significant penalties being imposed including lengthy licence disqualifications and terms of imprisonment. There are many factors which are considered by courts such as the seriousness and circumstances of the offence itself as well as the personal characteristics of an offender. A court will also have regard to the guideline judgment in respect of High Range PCA offences. It is therefore important to seek legal advice and representation as soon as possible so that preparation can commence to obtain the best outcomes possible.
Why Choose Australian Lawyers and Advocates?
Drink driving matters are serious offences. It is important that the circumstances and evidence of each case be carefully examined by an experienced criminal defence lawyer. It is therefore important that you consult with an experienced criminal defence lawyer as soon as possible after you have been charged with an offence. Many law firms claim to be ‘the best’ or ‘leading’ firms. At Australian Lawyers and Advocates, we let our results, reputation and high level of client service and satisfaction speak for themselves. Our team of lawyers are highly experienced, highly skilled and respected advocates.
The content contained within this guide is expressed as a general guide as to this area of law and is not intended to contain legal advice specific to an individual’s case. If you, or someone you know has been charged with a criminal offence and requires legal advice, do not hesitate to contact Australian Lawyers and Advocates to discuss any criminal law or traffic law matters further.
