High Range Drink Driving
What is High Range Drink Driving
High Range Drink Driving occurs when a person is caught driving a vehicle on a public road and whose breath test or blood test shows a prescribed concentration of alcohol (PCA) reading is 0.150 or higher.
High Range Drink Driving is considered a very serious criminal offence which is prosecuted rigorously in NSW courts, as the level of serious risk of injury to the general public is at the very high end, and there exists a strong need for general deterrence. The objective seriousness of such offence is often reflected in the harsh sentencing penalties given by Magistrates in the Local Courts, such as long driving disqualification periods, heavy fines and at times, periods of full time imprisonment.
High Range Drink Driving & The Law
High Range Drink Driving is regulated under Section 110(5) of the Road Transport Act 2013.
Going to Court – “What am I looking at?”
High Range Drink Driving carries a maximum fine of $3,300 and an automatic disqualification period of 3 years. The Courts can reduce this disqualification period to 12 months. It also carries a maximum term of 18 months imprisonment.
If however, this is a second or subsequent major offence within 5 years, there is a maximum fine of $5,500 and 2 years imprisonment, with an unlimited maximum disqualification period. It carries an automatic disqualification period of 5 years, however, this can be reduced to a minimum of 24 months.
There is also a mandatory minimum period of 48 months using an interlock device for any second or subsequent offence.
What is a ‘Major Offence’?
A ‘Major Offence’ is a serious traffic offence and defined under Section 4 of the Road Transport Act 2013. It can include but not limited to, traffic offences such as:
Drink or Drug Driving
Negligent Driving causing death or grievous bodily harm
Failing or refusing to provide oral fluid sample
Lawyer Call – here to help..
Being charged with High Range Drink Driving can be overwhelming due to the seriousness of the charge, and the implications this could have on your life, family and future career goals. At Lawyer Call, we seek to understand the exact details of the incident first and foremost.
Our expert Traffic Lawyers have extensive experience in conducting powerful pleas before a Magistrate, with in-depth preparation and gathering of the right documentation in support of your character, and addressing every possible avenue of mitigating the seriousness of this offence.
If you have been charged with this offence, please call our office immediately on 1300 LAW 111.