High Range Drink Driving

Driving with a high-range prescribed concentration of alcohol is where you drive a motor vehicle with a blood alcohol concentration of at least 0.150.

First Offence

A person found guilty of high range drink driving faces a fine of $3,300 and/or a period of imprisonment of up to 18 months. The person will receive an immediate licence suspension and may be disqualified from driving for up to 12 months.

Second or Subsequent Offence

A person found guilty of mid-range drink driving where the offence is a second or subsequent offence faces a fine of up to $5,500 and/or a period of imprisonment of up to 2 years. The person will receive an immediate licence suspension and may be disqualified from driving for up to 2 years.

For more information on the limits and minimum/maximum penalties for drink driving, please see our drink driving penalties table.

Interlock Orders for High Range Drink Driving

If the court convicts you of the offence, it must also disqualify you from driving. If you are convicted of this offence, you will be required to participate in the Mandatory Interlock Scheme.

This program, generally, involved the installation of a device into your vehicle which will only start once a zero-blood alcohol reading is registered. The vehicle will not otherwise turn on. The device must be installed by an expert and must be maintained by the person.

If an interlock order is made, usually the person who the order relates to will be required to firstly serve a period of disqualification from driving, following which the device must be installed into their vehicle. A failure to install the device would mean the person is automatically disqualified for a period of 5 years. There is no avenue of appeal regarding this period of 5 years.

Criminal Conviction for High Range Drink Driving?

The concern for most drivers charged with a high-range drink driving offence is that they will lose their licence. Our experienced traffic lawyers have the skills and knowhow to prepare your case in a way that gives you the best chance of keeping your licence.

The court, despite the above, has the option of dealing with your case under a section 10(1) of the Crimes (Sentencing Procedure) Act 1999 in which the court imposed a “conditional release order” (no conviction). This mean that you will not receive a criminal conviction, disqualification or a fine.

From our experience, sentencing for high-range drink driving matters unusually results in one losing their licence. Sentencing guidelines for courts sentencing high-range drink drivers is governed by the NSW Guideline Judgment. This Judgment dictates that, in the normal case, periods of full-time custody serve as a starting point for the courts. Whether or not a custodial sentence will be imposed depends on a number of factors.

If you have been charged with high-range drink driving and would like to speak to a knowledgeable and experienced traffic lawyer about your case, contact us here.