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

Being charged with High Range Drink Driving is one of the most serious prescribed concentration of alcohol (PCA) offences under New South Wales law.

If you have been charged with High Range PCA, you may be concerned about losing your licence, receiving a criminal conviction or even the possibility of imprisonment.

The outcome of your case will depend on a range of factors, including the circumstances of the offence, your blood alcohol concentration (BAC), your traffic history and your personal circumstances.

If you have recently been charged, obtaining advice from an experienced ⁠Drink Driving Lawyer Sydney can help you understand the legal process and prepare your matter for court.

What Is High Range Drink Driving?

High Range PCA generally applies where a driver records a blood alcohol concentration of 0.150 or above.

Because of the increased risks associated with driving at this level of intoxication, High Range PCA is treated significantly more seriously than lower-range drink driving offences.

Police will usually require a roadside breath test followed by a formal breath analysis to determine your BAC.

What Happens After You Are Charged?

If you are charged with High Range Drink Driving, police will generally issue 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 the court process, read our guide ⁠What Happens After a Drink Driving Charge in NSW? which explains each stage from the time you are charged through to sentencing.

What Penalties Can Apply?

High Range Drink Driving carries some of the most serious penalties available for PCA offences.

Depending on the circumstances, the court may impose:

• a substantial fine;

• licence disqualification;

• participation in the Alcohol Interlock Program where applicable;

• a community-based sentence;

• imprisonment in more serious cases.

The appropriate sentence depends on the individual facts of each case.

Will I Lose My Licence?

One of the immediate concerns following a High Range PCA charge is whether you will lose your driver’s licence.

Police may have the power to suspend your licence immediately after charging you. If you are convicted, the court may also impose a period of licence disqualification in accordance with the relevant legislation.

To better understand how licence suspensions and disqualifications work, read our article ⁠Will I Lose My Licence for Drink Driving in NSW?.

Will I Receive a Criminal Record?

Many people charged with High Range PCA are concerned about the long-term consequences of a criminal conviction.

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

If you are concerned about this issue, our article ⁠Can I Avoid a Criminal Record for Drink Driving in NSW? explains the factors that may influence whether a conviction is recorded.

What Does the Court Consider?

When sentencing a person for High Range Drink Driving, the magistrate may consider matters including:

• the BAC reading;

• whether there was dangerous driving;

• whether anyone was injured;

• your traffic history;

• previous criminal convictions;

• your level of remorse;

• evidence of rehabilitation;

• character references;

• your personal circumstances.

Every matter is assessed individually.

Should You Obtain Legal Advice?

High Range PCA is a serious criminal offence and the consequences of a conviction can be significant.

Obtaining legal advice before your court date allows your circumstances to be properly considered and ensures your matter is appropriately prepared.

An experienced ⁠Drink Driving Lawyer Sydney can advise you about the allegations, explain the court process and represent you throughout your matter.

Conclusion

A High Range Drink Driving charge should be taken seriously. The outcome of your matter will depend on the specific facts of your case, the applicable legislation and the sentencing options available to the court.

If you have been charged with High Range PCA, 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.