What is High Range Drink Driving?
Driving with a high-range prescribed concentration of alcohol is where you drive a motor vehicle with a blood alcohol concentration of at least 0.150.
If the court convicts you of the offence, it must also disqualify you from driving.
It may also order that you comply with the alcohol interlock program, which means to install a device into your vehicle which you must blow into before your car will start, for a period of time after you have served the minimum applicable period of disqualification.
However, the court also has the option of dealing with your case under a ‘section 10 dismissal or conditional release order‘ (no conviction), which means you will not receive a criminal conviction, disqualification or a fine.
1st Offence
If high-range drink driving is your first major traffic offence within the past 5 years, the maximum penalties are:
- Up to 18 months in prison
- 9 month driver licence disqualification which can be reduced to 6 months, followed by
- 24 months during which you must have an interlock device installed to your vehicle, and
- Fine of $3,300
Alternatively, the court can ‘exempt’ you from the interlock requirement and impose maximum penalties of:
- Up to 18 months in prison
- 3 year licence disqualification which can be reduced to 12 months, and
- Fine of $3,300.
2nd or Subsequent Offence
If it is your second or more major traffic offence in the past 5 years the maximum penalties are:
- Up to 2 years in prison
- 12 month licence disqualification which can be reduced to 9 months, followed by
- 48 months during which you must have an interlock device installed to your vehicle, and
- Fine of $5,500
Alternatively, the court can ‘exempt’ you from the interlock requirement and impose maximum penalties of:
- Up to 2 years in prison
- 5 year licence disqualification which can be reduced to 2 years, and
- Fine of $5,500
But whether it is your first, or second or more, major traffic offence within the past 5 years, there will be no criminal record, licence disqualification or fine where the court deals with you by way of a section 10(1)(a) dismissal, or conditional release order without a conviction – which you may seek unless you have received a non-conviction order for a major traffic offence in the previous 5 years.
Penalties Imposed by the Courts for High Range Drink Driving in NSW
The court will consider a range of factors when determining the penalty for a high range drink driving offence in New South Wales, including:
- 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 your completion of a traffic offender program, your letter of apology to the court and character references written in your support,
- The factors leading up to and contributing to the offence,
- The impact of a licence disqualification, and
- Any criminal or traffic record you may have.
The most common penalties imposed for high range drink driving cases that come before the courts in New South Wales are:
- A fine plus disqualification from driving, followed by
- A community correction order (CCO) which includes a good behaviour bond that comes with a range of conditions as well as a disqualification from driving, followed by
- An intensive correction order, which comes with a good behaviour bond that includes a good behaviour bond with even more stringent conditions than a CCO as well as a disqualification from driving, followed
- A prison sentence, followed by
- A conditional release order without conviction, which comes with a good behaviour bond but not a disqualification from driving.
Recent Success Stories
- No Criminal Record, Licence Disqualification or Fine for High Range Drink Driving
- Not Guilty of High Range Drink Driving and Police Ordered to Pay Costs
- No Conviction or Disqualification for High Range Drink Driving
- Driver Avoids Conviction after case reduced from High Range to Low Range PCA
- High Range PCA and DUI Charges Dropped
- No Conviction for High Range PCA
- No Conviction for High Range Drink Driving
- No Conviction/Disqualification for 2nd Drink Driving offence within 5 years
Recent Articles
- Legal Defences to Drink Driving and DUI Charges in New South Wales
- Drink Driving in New South Wales: Laws, Defences and Penalties
- Teen Sentenced to Imprisonment for Aggravated Dangerous Driving Occasioning Death
- Court Suppresses Name of NSW Police Inspector Charged with High-Range Drink Driving
- High Range Drink Driving in NSW: The Law, Penalties and Defences
Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.