Lawyers for High Range Drink Driving

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What is High Range Drink Driving?

High-Range Drink Driving occurs when you drive with a high-range of a prescribed concentration of alcohol (PCA) in your system at the time of police intervention.

To fall into the High-Range Drink Driving limit, you will return a blood alcohol reading of above 0.149.

At Court, if you are convicted, you will be disqualified from driving by the Court.

Alternatively, the Court can impose a Conditional Release Order without conviction ‘non-conviction’ / “Section 10” and you will not be disqualified and a criminal conviction will not be entered.

You can:

• Plead Not Guilty if you disagree with the reading or have an available legal defence; or
   

• Guilty with an explanation and make an application for a Conditional Release Order (without a Conviction) ‘non-conviction order’, known socially as a ‘Section 10’ which means the offence will be dismissed, no conviction will be recorded, no penalty, and as if the offence had never occurred.

Our Sydney Traffic Lawyers can give you initial advice if you are considering either course and help you develop a Legal Defence or the best Defence Case on Sentence.
 

What are the penalties for High Range Drink Driving ?

First Offence:

If your high-range drink driving offence is your first ‘major driving offence’ in the last 5 years, the penalties are:

1. Maximum penalty of 18 months imprisonment; and/or
    

2. Driver Disqualification for 9 months which can be reduced to 6 months; and
    

3. A mandatory interlock device installed into your vehicle for 24 months; and/or
    

4. A maximum fine of $3,300.

Second or Subsequent Offence

If you have committed a 2nd or subsequent major traffic offence within 5 years, there are different laws that apply.

The penalties for this offence includes:

1. Maximum penalty of 2 years imprisonment; and/or
    

2. A 12 month disqualification can be reduced to 9 months; with
    

3. A Mandatory Interlock Device installed in your vehicle for a period of 48 months; and/or
    

4. A fine up to $5,500.
    

If you convicted by the Court, you will be disqualified from driving.

Alternatively, the Court can impose a Conditional Release Order without conviction ‘non-conviction’ / “Section 10” and you will not be disqualified and a criminal conviction will not be entered.

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What is a Mandatory Interlock Order?

A Mandatory Interlock Order is an order made by the Court which requires a driver to have a device installed which monitors your alcohol consumption and must be blown into before using the vehicle.
 

Alternatively the Court can make an Exemption Order which does not require the device to be installed in your vehicle in certain circumstances.