High-Range Drink Driving

THINGS YOU NEED TO KNOW:

1. High-range drink driving is a criminal offence which can result in imprisonment.
2. High-range drink driving is an offence under Section 110 of the Road Transport Act 2013 (NSW).
3. The maximum penalty for a first offence is 18 months imprisonment, and for a subsequent offence the maximum is 2 years imprisonment.
4. High-range drink driving matters are heard in the Local Court.
5. If you plead guilty or are found guilty, there are a number of factors that can determine the sentencing outcome.

The criminal offence of high-range drink driving is a serious offence with serious consequences. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS THE CRIMINAL OFFENCE OF HIGH-RANGE DRINK DRIVING?

Section 110 of the Road Transport Act 2013 (NSW) constitutes it a criminal offence for a person to, while there is present in the person’s breath or blood the high range prescribed concentration of alcohol:

• Drive a motor vehicle, or
• Occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
• If the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.

WHAT IS THE HIGH-RANGE PRESCRIBED CONCENTRATION OF ALCOHOL?

The high-range prescribed concentration of alcohol is 0.15 and above.

WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF HIGH-RANGE DRINK DRIVING?

Section 110 of the Road Transport Act 2013 (NSW) prescribes a maximum penalty of 18 months imprisonment and/or a fine of 30 penalty units for a person convicted for the first time of the criminal offence of high-range drink driving.

A person convicted of the criminal offence of high-range drink driving for the first time faces a licence disqualification for a minimum of 6 months to a maximum of 9 months, where an alcohol interlock order is made.

In the instance an interlock exemption order is made, the automatic disqualification period is increased to 3 years and the minimum period increased to 12 months.

A conviction of the criminal offence of high-range drink driving may also result in implications on a convicted person’s professional career, particularly if their profession involves the operation of a vehicle and certain licensing.

SUBSEQUENT OFFENCE OF HIGH-RANGE DRINK DRIVING

If you are convicted of a second or subsequent offence, Section 110 of the Road Transport Act 2013 (NSW) prescribes a maximum penalty of 2 years imprisonment and/or a fine of 50 penalty units for a person convicted of the subsequent criminal offence of high-range drink driving.

For a subsequent conviction, the minimum disqualification period is 9 months, and the maximum disqualification period is 12 months, where an interlock order is also made. In the instance an interlock exemption order is made, there is an automatic disqualification period of 5 years, which is able to be reduced to a minimum period of 2 years.

HOW LONG DOES A HIGH-RANGE DRINK DRIVING OFFENCE STAY ON MY RECORD?

High-range drink driving convictions can remain on your record for up to 10 years. Our expert criminal lawyers at Criminal Lawyers Group have been recognised nationally as the specialists at obtaining Section 10 dismissals, which means no conviction is recorded, in addition to our outstanding record of securing the withdrawal of charges and not guilty verdicts for clients charged with high-range drink driving.

WHAT IS AN ALCOHOL INTERLOCK ORDER?

An interlock order functions in two stages. The first stage involves a driving disqualification for a set period of time. The second stage follows the driving disqualification and requires the offender to obtain an interlock drivers licence and participate in the interlock program for a set period of time.

A substantial part of the order and program is the installation of the interlock device, which requires an offender of the high-range drink driving offence to blow into the device and record a nil reading in order to start and operate the vehicle.

Another component of the interlock program involves obtaining an Alcohol Interlock Program Medical Consultation Certificate, the purpose of which is to discuss alcohol consumption with a medical practitioner. Some high-range drink driving offence offenders will be required to consult with their medical practitioner throughout and at the conclusion of the program. The Interlock Order also requires the high-range drink driving offence offender drives no other vehicle for the duration of the program.

WHAT ARE THE DEFENCES AGAINST GUILT FOR A HIGH-RANGE DRINK DRIVING CONVICTION?

Inadmissibility of breath test/analysis: That there was an issue with the breath test/analysis which renders the evidence proving your prescribed concentration of alcohol as inadmissible.

Prescribed concentration of alcohol below limit: That your prescribed concentration of alcohol was in fact below the limit, with a potential reason being that you consumed further alcohol after driving.

Not Driver, not attempting to drive, nor a passenger of a Learner: That you were not driving the vehicle, nor were you attempting to put the motor vehicle in motion, nor were you occupying the seat in a motor vehicle next to a learner driver who is driving the vehicle.

Two Hour Rule: The law requires the Police to conduct the breath analysis within two hours of the alleged high-range drink driving. Whilst this rule might not be as relevant for a high-range drink driving offence caught via random roadside breath testing, it may be relevant in a situation where Police have turned up after a crash and breath tested you.

Home Safe Rule: Police are not able to require you to submit to a breath test at your home or usual place of residence.

Other defences against a conviction of the criminal offence of high-range drink driving may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you.

WHAT ARE SOME EXAMPLES OF HIGH-RANGE DRINK DRIVING?

Examples of actions that may constitute the criminal offence of high-range drink driving include, but are not limited to:

• Driving a motor vehicle with a prescribed concentration of alcohol of 0.17
• Being in the front passenger seat with a prescribed concentration of alcohol of 0.16 while a Learner Driver operates the vehicle
• Occupying the driving seat of a motor vehicle and attempting to put the motor vehicle in motion with a prescribed concentration of alcohol of 0.18.

WHAT FACTORS WILL AFFECT PUNISHMENT FOR A HIGH-RANGE DRINK DRIVING CONVICTION?

If you are convicted of the criminal offence of high-range drink driving, the court may consider a number of factors that will determine the punishment you receive and the extent of driving disqualification, including but not limited to:

• Early guilty plea
• Circumstances of the offence, such as the level of risk, injury and damage to people and property
• Criminal history, particularly involving drink driving and traffic matters
• Certificate of completion of the Traffic Offenders Program
• Character references
• Medical documentation about any medical conditions you or members of your family have requiring your licence as the sole means of transportation
• Trip planner documents showing geographic isolation or unavailability of public transport from your residential address to your place of employment and medical clinic
• A letter of apology or affidavit demonstrating remorse
• Your likelihood of reoffending

WHAT COURT ARE HIGH-RANGE DRINK DRIVING OFFENCES HEARD IN?

The criminal offence of high-range drink driving is finalised in the Local Court.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW, including high-range drink driving offences in the Local Court.

WHAT ARE YOUR OPTIONS?

When facing a high-range drink driving charge, you have several options in court. These include:

Pleading Not Guilty: Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenge the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and our experienced lawyers will always advise you these factors.

Pleading Guilty: In some cases, you may be guilty of the charge, but the facts may be in issue, or you may be guilty of a lesser charge and not the charge that police have laid.

CONTACT US NOW

This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.