High-range drink driving is where you drive a motor vehicle with a blood alcohol concentration (BAC) of at least 0.150.

For a first offence, a person found guilty faces a fine of $3,300 and/or a period of imprisonment of up to 18 months. You will also receive an immediate licence suspension and may be disqualified from driving for up to 12 months.

A person found guilty of a second or subsequent high-range drink driving offence faces a fine of up to $5,500 and/or a period of imprisonment of up to 2 years. You will also 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.

Yes. If the court convicts you of a high-range drink driving offence, you will be required to participate in the Mandatory Interlock Scheme. The court must also disqualify you from driving.

The program requires installation of an alcohol interlock device into your vehicle. The device will only start once a zero-blood alcohol reading is registered; the vehicle will not otherwise turn on. The device must be installed and maintained by an approved expert.

If an interlock order is made, you will typically be required to serve a period of disqualification from driving first. Following that disqualification, the device must be installed into your vehicle. Failure to install the device results in an automatic disqualification of 5 years, with no avenue of appeal.

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.