What is high range drink driving?

WHAT IS A HIGH-RANGE DRINK DRIVING OFFENCE?

When it involves high-range drink driving, Australia defines it as having above a 0.15 blood alcohol concentration (BAC) whilst driving a vehicle. To put that into perspective, Australia sets the legal limit at 0.05 BAC.

A High Range (prescribed concentration of alcohol) will impact your driving abilities and have serious legal consequences if you are caught.

If you are facing High range drink driving offences, get in touch with us today. At Criminal Lawyers Group, we have leading Drink Driving Offence Criminal Lawyers ready to assist. We ranked number 1 for Traffic Lawyers Sydney by Top 10 Lawyers. Contact us today for a Free Initial Consultation to discuss your case here. 

High range drink driving as 0.15 BAC level or higher. Before you face a sentence & possible criminal conviction, you should understand the penalties associated with the charge.

For an offence of high range drink driving, where the person charged has never previously had a conviction for drink driving in NSW, or has not had a conviction or penalty notice for drink driving within the last 5 years, they will be charged as a ‘first offender’ and face a maximum penalty of:

• A fine of $3,300;
• Imprisonment for 18 months;
• Maximum disqualification of 9 months reducible to a minimum of 6 months;
• Mandatory Interlock Order for a minimum of 24 months.

Police will first administer a roadside breath test. If that test is positive then you’ll be required to blow into a tube attached to the same device. This gives police an indicative reading.

If that reading is above your limit you will be arrested for the purposes of a breath analysis. Breath analysis devices are located in police stations and also RBT buses that are sometimes used in large drink driving operations. The result obtained from blowing into this device is legally deemed to be your reading at the time that you were driving.

It is possible to defend a drink driving charge. Defences can arise in the following circumstances:

– the driver was not driving

– the driver was not attempting to put the vehicle in motion (if it is alleged that this is the offending conduct)

– where the driver is able to prove that, at the time of the alleged offence, the driver’s blood-alcohol level was below 0.15

– the police obtained a sample of breath more than 2 hours after the time the alleged offence was committed

Yes. The moral culpability of a High Range PCA offender will be increased by:

• The number of prior PCA offences.
• The degree of intoxication above 0.150.
• Erratic or aggressive driving.
• A collision
• The length of the journey
• The number of persons actually put at risk by the driving.

Where a High Range Drink Driving offence is aggravated, the Magistrate will regard the charge as more serious and normally impose a harsher penalty.

The guideline judgment offers guidance on how courts should deal with High Range PCA offences; however, since it was handed down the sentencing options available to a court have changed significantly.

The guideline judgement states an ordinary case of the offence of High Range PCA is one where:

• The offender drove to avoid personal inconvenience or because the offender did not believe that he or she was sufficiently affected by alcohol.
• The offender was detected by a random breath test.
• The offender has prior good character.
• The offender has nil, or a minor, traffic record.
• The offender’s licence was suspended on detection.
• The offender pleaded guilty.
• There is little or no risk of re-offending.
• The offender would be significantly inconvenienced by loss of licence.

In an ordinary case of an offence of high range PCA:

• An order under section 10 of the Sentencing Act will rarely be appropriate;
• A conviction cannot be avoided only because the offender has attended, or will attend, a driver’s education or awareness course;
• The automatic disqualification period will be appropriate unless there is a good reason to reduce the period of disqualification. A good reason under may include:
  • The nature of the offender’s employment.
  • The absence of any viable alternative transport.
  • Sickness or infirmity of the offender or another person.

In an ordinary case of a second or subsequent high range PCA offence:

• An order under section 9 of the Sentencing Act will rarely be appropriate.
• An order under section 10 of the Sentencing Act would very rarely be appropriate.
• Where the prior offence was a high range PCA, any sentence of less severity than a community service order would generally be inappropriate.

The moral culpability of a high range PCA offender is increased by:

• The number of prior PCA offences.
• The degree of intoxication above 0.15.
• Erratic or aggressive driving.
• A collision between the vehicle and any other object.
• Competitive driving or showing off.
• The length of the journey at which others are exposed to risk.
• The number of persons actually put at risk by the driving.

In a case where the moral culpability of a high range PCA offender is increased:

• An order under s 9 or section 10 of the Crimes (Sentencing Procedure) Act would very rarely be appropriate.
• Where a number of factors of aggravation are present to a significant degree a sentence of any less severity than imprisonment of some kind including a suspended sentence, would generally be inappropriate.

In a case where the moral culpability of the offender of a second or subsequent high range PCA offence is increased:

• A sentence of any less severity than imprisonment of some kind would generally be inappropriate.
• Where any number of aggravating factors are present to a significant degree or where the prior offence is a high range PCA offence, a sentence of less severity than full-time imprisonment would generally be inappropriate.

To prepare your case to the highest standard and speak on your behalf, evidence supporting submissions on the above factors are usually supplied to your traffic lawyer. They are then tendered to the court. Examples of evidence that may assist in an Appeal includes:

• Certificate of completion of the Traffic Offenders Program.
• References 
• Medical documentation about any medical conditions you or members of your family have.
• Trip planner documvents showing geographic isolation or unavailability of public transport from your residential address to your place of employment.
• A letter of apology or affidavit stating what happened.

Best High Range Drink Driving Lawyers Sydney – How to contact us? 

If you are facing High range drink driving offences, get in touch with us today. At Criminal Lawyers Group, we have leading Drink Driving Offence Criminal Lawyers ready to assist. We ranked number 1 for Traffic Lawyers Sydney by Top 10 Lawyers. Contact us today for a Free Initial Consultation to discuss your case here. 

Steven Mercael represented a driver charged with High Range Drink Driving. The driver was breath tested by police in his driveway after arriving home some 10 mins earlier. Steven argued the ‘Home Safe’ defence and the magistrate dismissed the charge with a finding of not guilty.

Steven Mercael represented a nurse who was charged with drink driving on the way to work. She had drank the night earlier. She did not expect to be called into work for an emergency team meeting. The magistrate dimissed the charge without recording a conviction.

Steven Mercael represented a driver charged with High Range PCA. There had been a minor accident that delayed the breath testing because the police were not immediately called. The driver tested at the police station some 3 hours later. Steven Mercael argued that the court could not find beyond reasonable doubt that the breath test was done within two hours of the driving. The magistrate dismissed the charge with a finding of not guilty.

If you are facing High range drink driving offences, get in touch with us today. At Criminal Lawyers Group, we have leading Drink Driving Offence Criminal Lawyers ready to assist. We ranked number 1 for Traffic Lawyers Sydney by Top 10 Lawyers. Contact us today for a Free Initial Consultation to discuss your case here.