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HIGH-RANGE DRINK DRIVING OFFENCE

THE OFFENCE OF HIGH-RANGE DRINK DRIVING IN NSW DURING THE HOLIDAY SEASON

The festive seasons and long weekends are associated with an increase in the consumption of alcohol, and unfortunately, a rise in the number of people taking the risk and committing the offence of high-range drink driving in NSW.

NSW Police take a zero-tolerance approach for motorists who not only put their own lives and safety at risk, but also the lives and safety of innocent motorists and pedestrians by committing the offence of high-range drink driving. For this reason, the NSW Police are generally out in greater force over the festive seasons and long weekends conducting alcohol and drug testing of motorists.

Each year our expert criminal lawyers see an increase in calls made to them throughout the Christmas and New Year holiday season by clients charged with high-range drink driving offences.

If you are caught drink driving, call us immediately to speak with one of our expert criminal lawyers.

 

WHAT IS HIGH-RANGE DRINK DRIVING?

High-range drink driving is a serious offence which is defined as being found to be driving a vehicle with a BAC of 0.15 or above.

 

TRAFFIC AND HIGHWAY PATROL OFFICERS CONDUCT OPERATION RAID

During the period commencing 12.01am on Thursday, 14 November 2024 and concluding at 11.59pm on Saturday, 16 November 2024, Traffic and Highway Patrol officers conducted Operation Raid. This operation targeted motorists driving under the influence of alcohol and drugs and involved the conduction of more than 88,524 breath tests, with 192 drink driving offences detected and the conduction of 8806 drug tests, with 460 drug driving offences detected.

Minister for Police and Counter-terrorism Yasmin Catley issued a warning to motorists, stating that “The results of Operation Raid make one thing clear – too many people are still making poor choices on our roads. These numbers send a clear message that if you break the law, police will find you, and you will be held accountable.

In one instance during the operation, police stopped a vehicle at a service station carpark in South Gundagai. The driver allegedly returned a positive breath test before being arrested and taken to Gundagai Police Station. A breath analysis returned a reading of 0.181. He was charged with driving a motor vehicle during disqualification period and with high-range drink driving. He is scheduled to appear before Gundagai Local Court on Friday 17 January 2025.

 

PENALTIES FOR HIGH-RANGE DRINK DRIVING OFFENCES

Individuals convicted of high-range drink driving offences and who have not committed a major traffic offence within the last five years, may face a fine of up to $3,300, a license disqualification for a minimum of 12 months, and the possibility of imprisonment for up to 18 months. They will also face an alcohol interlock order.

Individuals who have committed any other major traffic offences in the previous five years, face a mandatory disqualification period of five years, a maximum fine of $5,500 and the possibility of a prison sentence up to a maximum term of two years.

 

OTHER CONSEQUENCES OF A HIGH-RANGE DRINK DRIVING OFFENCE

Further to the Court imposed penalties, high-range drink driving offenders often suffer further consequences that arise from their conviction and penalties.

Professional bodies and employers almost always query an individual’s criminal record when assessing applications, and generally require that the individual update them on any changes to their criminal record. Having a conviction for high-range drink driving can therefore cause issues with obtaining or maintaining professional registration and employment. This is particularly the case if the employment is in the field of driving, such as taxi and ridesharing services.

Individuals also suffer from the public shaming that occurs following a conviction, with journalists generally publicising instances where individuals have been convicted of high-range drink driving offences. The media stories generally include the circumstances and facts that surrounded the offending, with the offender portrayed to the public in a poor light. These media stories ae readily available to any prospective employee that searches an offender’s name.

The potential fines, prison sentences and driving restrictions create a financial expense and burden, whilst precluding, limiting or placing obstacles to an offender’s ability to freely travel to and from work.

Being convicted of a high-range drink driving offence will likely have drastic and ongoing impacts on your life. If you are charged with a high-range drink driving offence, contact us immediately for a free consultation so that we can secure the best possible outcome for you.

 

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