What is an offence of High Range Drink Driving in NSW?

High Range drink driving referred to by law in New South Wales as High Range Prescribed Concentration of Alcohol (PCA) is the most serious of all the drink driving offences since it is determined by a higher level of blood alcohol in a person body.

When a persons Blood Alcohol Concentration (BAC) reaches the High Range category of 0.150 then it is generally determined that the person is considerably effected by the alcohol in their system and the process of safely operating a motor vehicle can severely be effected.

The BAC limit for the High Range drink driving NSW category is 0.150 or above.

Basically, a persons BAC is measured through testing the amount of alcohol that is present in a persons system. Scientifically speaking this is done by analysing the number of grams of alcohol that is present per 100 millilitres of blood. For example if a person is test at the High Range drink driving level of 0.150 then that would mean there is 0.150 grams (150 milligrams) of alcohol in every 100 millilitres of blood.

It should be known that different levels of alcohol consumption can affect different people in different ways. For example 2 different people can consume the exact same amount of alcohol and have quite different BAC readings when tested at the ams time. Various issues such as a persons gender, height, weight, fitness, metabolic rate, liver function, fatigue can all come into play in affecting the blood alcohol reading of a person.

Thus, it is next to impossible to guess or try to calculate what a persons BAC is without doing the scientific testing with the appropriate instruments.

Since High Range drink driving NSW is seen as the most serious of all drink driving category offences it is therefore dealt with more severely that other drink driving offences. Heavy fines, penalties and sentences are handed down by the Court on a daily basis. For the most severe types of High Range drink driving offences the Court will have no problems in handling down terms of imprisonment.

Needless to say that the criminal offence of High Range drink driving NSW is dealt with in an extremely serious way by the Curt system.

What the law says about High Range Drink in NSW?

Road Transport Act 2013

Section 110 – Presence of prescribed concentration of alcohol in person’s breath or blood 

(5) Offence-high range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the high range prescribed concentration of alcohol:

(a) drive a motor vehicle, or

(b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or

(c) 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.

Serious penalties for High Range DUI in NSW?

As mentioned earlier criminal drink driving offences in New South Wales are dealt with extremely harshly in the Court system since the risk of accident, injury or death to people in the community is so high. In particular High Range drink driving offences carry some of the most severe penalties and sentences for drink driving offences.

Generally, speaking with drink driving offences in New South Wales the Court can hand down penalties and sentences anywhere between the maximum sentence right down to the minimum sentence.

1st Offence:

For a High Range drink driving offence where the offence is considered the 1st offence (within a 5 year period) then the following penalties and sentences may apply:

  • Maximum fine of $3,300
  • Maximum term of imprisonment of 18 months
  • Unlimited maximum disqualification period
  • Automatic disqualification period of 3 years
  • Minimum disqualification period of 12 month

2nd Offence:

For a second or subsequent High Range drink driving offence (within a 5 year period) then the penalties and sentences are increased significantly, the following may apply:

  • Maximum fine of $5,500
  • Maximum term of imprisonment of 2 years
  • Unlimited maximum disqualification period
  • Automatic disqualification period of 5 years
  • Minimum disqualification period of 2 years

Whilst these penalties and sentences are often used to deal with a High Range drink driving offence, the Court generally takes into considered the High Rage Drink Driving Guideline Judgment.

What is the High Range Drink Driving NSW Guideline Judgment?

The High Range Drink Driving NSW Guideline Judgment is exactly as it is described, it is a Guideline Judgment which was handed down by the higher Court of Criminal Appeal on the 8th of September 2004. The purpose of this Guideline Judgment is to provide the Court system with a general guideline of how to handle High Range drink driving matters in New South Wales.

The High Range Drink Driving NSW Guideline Judgment looks at what the ordinary case of a High Range drink driving offence is and what it generally involves. It also looks at what features and circumstances of a matter can increase the severity of a High Range drink driving offence ultimately attracting a more severe penalty and sentence.

By using the High Range Drink Driving NSW Guideline Judgment the Courts are able to assess what the circumstances and issues are surrounding the High Range drink driving offence and appropriately be guided to handing down the necessary penalties and sentences.

If you have been charged with a High Range drink driving offence in New South Wales then it is crucial that you make yourself full aware of the High Range Drink Driving NSW Guideline Judgment. There is no substitute for reading the entire Guideline Judgment however section 1 to 6 are incredibly important section to understand and be aware of.

Please click here to see the High Range drink Driving NSW Guideline Judgment.

 

Are there any Defences for High Range Drink Driving NSW?

For the most part drink driving offences in New South Wales are not easy to defend since the Police use scientific instruments and procedures to detect whether or not a person has a presence of alcohol in their system which is greater than the legal limit.

However, just like any other drink driving offences in New South Wales there are several potential defences to the charge of drink driving which can be run in Court. Most of the defence relate to the failure to meet appropriate procedures by the charging Police. Some of these drink driving defences include:

  • The two (2) hour rule
  • The home safe rule
  • Defence of honest and reasonable mistake
  • Challenge the BAC reading
  • Defence of not being the driver

Each drink driving matter will be different and generally it comes down the the specific circumstances of the offence as to whether or not any of the above defences may apply.

It is extremely important that you contact our qualified traffic law specialists to discuss any potential defences that you may have.

 

Our specialist Drink Driving Lawyer 

As we have mentioned above drink driving offences in New South Wales are considered to be serious criminal offences. In particular, High Range drink driving offences since they pose the greatest risk to the safety of the general community.

It is not uncommon for the Court to be guided by the High Range Drink Driving NSW Guideline Judgment and hand down terms of jail for High Range drink drivers, especially if they are repeat offenders.

Therefore, obtaining the best legal advice you can is extremely important and the only way to get the best drink driving advice around is to contact a lawyer who specialises in this are of law.

You can rest assure that our drink driving lawyers have the experience and expertise in dealing with all areas of drink driving and traffic law. Our lawyers attend Courts in and around Sydney and New South Wales on a daily basis so they have a better insight into the Magistrates and Police Prosecutors at each Court.

Our drink driving lawyers will go the extra mile by analysing your matter and assessing whether there is any possibility to defend the charges. Furthermore, they will take all steps to ensure that you have the best case possible prepared to obtain the best outcome possible.

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Contact DUI Lawyers NSW – Joshua Boorman on (02) 9283 8622.


High Range Drink Driving NSW

Our Sydney DUI Lawyers can be contacted at:

Sydney Drink Driving Lawyers | DUI Solicitors NSW

14/362-370 Pitt Street
Sydney NSW 2000
(02) 9283 8622

Email: jaboorman@beazleysingleton.com.au

High Range Drink Driving NSW was written by Josh Boorman a Sydney Drink Driving Lawyer.
Joshua Boorman
Sydney Drink Driving Lawyers are experts in dealing with all drug and alcohol related Traffic Laws. We attend all courts in Sydney and the surrounding suburbs. Call 1300 941 900 or Email: jboorman@boormanlawyers.com.au
Joshua Boorman
Joshua Boorman

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