High Range Drink Driving in NSW: Penalties, Court and What to Expect

Being charged with High Range Drink Driving, also known as High Range Prescribed Concentration of Alcohol (PCA), is one of the most serious drink driving offences in New South Wales.

A High Range PCA charge can result in significant penalties, including licence disqualification, fines and, in some cases, imprisonment. Many people charged with this offence are understandably concerned about how it will affect their employment, family and future.

If you have recently been charged with High Range Drink Driving, obtaining legal advice early can help you understand the legal process and prepare your matter for court.

An experienced ⁠Drink Driving Lawyer Sydney can explain your options and represent you throughout your case.

What Is High Range Drink Driving?

A person is generally charged with High Range PCA where they are alleged to have driven with a blood alcohol concentration (BAC) of 0.150 or above.

High Range PCA is treated more seriously than Low Range and Mid Range drink driving because of the increased risks associated with driving with a high concentration of alcohol.

The prosecution must prove the elements of the offence beyond reasonable doubt.

What Happens After You Are Charged?

Following a positive roadside breath test, police will usually require you to undergo a breath analysis or other testing procedures.

If police decide to charge you with High Range PCA, you will generally receive a Court Attendance Notice requiring you to appear before the Local Court.

Depending on the circumstances, police may also immediately suspend your driver’s licence.

If you are unsure about what happens after a charge is laid, read ⁠What Happens After a Drink Driving Charge in NSW?.

What Penalties Can Apply?

The penalties available to the court depend on the legislation and the circumstances of the offence.

Depending on your case, the court may impose:

• a fine;

• licence disqualification;

• participation in the Alcohol Interlock Program where applicable;

• a community-based sentence;

• imprisonment in more serious cases.

Every matter is different, and the court will consider all relevant circumstances before determining an appropriate sentence.

Will I Lose My Licence?

One of the first concerns people have after being charged with High Range Drink Driving is whether they will lose their driver’s licence.

For many people, the ability to drive is essential for employment, family commitments and everyday life.

Whether your licence is suspended or disqualified depends on the offence, the applicable legislation and the orders ultimately made by the court.

Our article ⁠Will I Lose My Licence for Drink Driving in NSW? explains licence suspensions and disqualifications in greater detail.

Will I Receive a Criminal Record?

Many clients are equally concerned about whether a High Range PCA conviction will affect future employment or overseas travel.

Whether a conviction is recorded depends on the offence, the legislation and the sentence imposed by the court.

If you are concerned about this issue, read ⁠Can I Avoid a Criminal Record for Drink Driving in NSW?.

What Happens at Court?

If your matter proceeds to the Local Court, the magistrate will consider:

• the prosecution evidence;

• your BAC reading;

• your traffic history;

• any previous criminal history;

• your personal circumstances;

• evidence of remorse;

• character references;

• evidence of rehabilitation.

If you would like a detailed explanation of what occurs during your court appearance, read ⁠What Happens at a Drink Driving Court Hearing in NSW?.

Should I Plead Guilty?

Whether you should plead guilty or not guilty depends on the particular facts of your case.

Before entering any plea, it is important to understand the prosecution evidence and obtain legal advice tailored to your circumstances.

Our guide ⁠Should I Plead Guilty to Drink Driving in NSW? discusses the factors you should consider before making that decision.

Does It Matter If This Is My First Offence?

Many people charged with High Range PCA have never previously been before a court.

While a lack of prior convictions or traffic offences may be relevant during sentencing, it does not automatically determine the outcome of your matter.

If this is your first drink driving charge, read ⁠First Offence Drink Driving in NSW.

How Can a Lawyer Help?

High Range Drink Driving is a serious criminal offence and the consequences can be significant.

Obtaining legal advice before your court date allows your circumstances to be properly prepared and presented to the court.

Depending on your matter, your lawyer may assist by:

• reviewing the prosecution evidence;

• advising you about the allegations;

• preparing sentencing material;

• obtaining character references;

• making submissions on your behalf in court.

An experienced ⁠Drink Driving Lawyer Sydney can guide you through every stage of the legal process.

Conclusion

A High Range Drink Driving charge should be taken seriously. Understanding the legal process, obtaining legal advice early and properly preparing your matter can make a significant difference to how your case is presented before the court.

If you have been charged with High Range PCA in NSW, Michael Confos provides legal representation for clients throughout Sydney. Learn more about our ⁠Drink Driving Lawyer Sydney services and how we may assist with your matter.

Disclaimer

The information contained in this article is provided for general informational purposes only and does not constitute legal advice. It should not be relied upon as legal advice or as a substitute for obtaining legal advice tailored to your individual circumstances. Every criminal matter depends on its own facts and the applicable law. Reading this article does not create a solicitor-client relationship. Michael Confos is not your lawyer. You should obtain independent legal advice from a qualified Australian legal practitioner regarding your specific circumstances.