High range drink driving is a serious offence with severe consequences. If you’ve been charged, you may be feeling overwhelmed and unsure of what lies ahead. At Repute Law, we specialize in drink driving cases, offering fixed fees and ensuring that every client is represented by a Senior Lawyer. With an outstanding success rate in drink driving matters, we encourage potential clients to explore our exceptional Google reviews to see how we’ve helped others in similar situations.
What Is High Range Drink Driving?
High range drink driving is defined as operating a vehicle with a blood alcohol concentration (BAC) of at least 0.15g. This level, known as the prescribed concentration of alcohol (PCA), also applies if you attempt to start a vehicle or sit beside a learner driver while over the limit.
Penalties for High Range Drink Driving in NSW
The penalties for high range drink driving are outlined under Section 110 of the Road Transport Act. They vary depending on whether it is a first or subsequent offence:
First Offence
- Imprisonment: Up to 18 months.
- Fine: Maximum of $3,300.
- Licence Disqualification: 6-8 months compulsory.
- Interlock Program: Minimum 2-year period (if exempted, 1-3 years licence disqualification).
Second or Subsequent Offences
- Imprisonment: Up to 2 years.
- Fine: Maximum of $5,500.
- Licence Disqualification: 9-12 months compulsory.
- Interlock Program: Minimum 4-year period (if exempted, 2-5 years licence disqualification).
Mandatory Interlock Program
If convicted, you may be required to participate in the mandatory interlock program. This involves installing a device in your vehicle that tests your breath before allowing the car to start. A reading above zero will prevent the vehicle from operating.
Alcohol Interlock Exemption Orders
In certain circumstances, the court may grant an exemption from the mandatory interlock program. To apply for an Alcohol Interlock Exemption Order, you must demonstrate that:
- Participating in the interlock program would cause you severe hardship, or
- There are other exceptional circumstances that justify the exemption.
It is critical to present a strong case with supporting evidence when seeking an exemption. Repute Law’s Senior Lawyers are experienced in preparing and presenting such applications to maximize your chances of success.
Sentencing Guidelines for High Range Drink Driving
The NSW Court of Appeal has emphasized that high range drink driving offences must be treated with the utmost seriousness due to the significant risks they pose to public safety. The guideline judgment reinforces the need for proportionate penalties that reflect the gravity of the offence and serve as both a deterrent and a punishment.
Reasons for Serious Treatment
- High range drink driving dramatically increases the risk of accidents, injury, and fatalities.
- Offenders often demonstrate a blatant disregard for the law and the safety of others.
- Prior good character is often present in these cases but is given limited weight due to the severity of the offence.
- Courts aim to send a strong message to discourage drink driving and protect the community.
The Court of Appeal’s guidelines provide a framework for sentencing based on factors such as:
First Offence
- Context: Situations like avoiding inconvenience or underestimating alcohol effects.
- Character: A clean driving record and good character.
- Impact: Significant inconvenience from losing your licence.
- While a Section 10 dismissal is rare, strong preparation can reduce penalties and disqualification periods.
Subsequent Offences
- Aggravating Factors: Higher BAC readings, erratic driving, or collisions.
- Circumstances: Driving long distances, carrying passengers, or showing reckless behavior.
- Penalties: Range from community service to imprisonment for severe cases.
The guideline judgment underscores the importance of individualized sentencing, taking into account the offender’s BAC, driving behavior, and personal circumstances. An experienced lawyer can ensure these factors are effectively argued in your favor.
Avoiding Jail Time
Jail is a possibility for high-range drink driving, particularly for repeat offences or aggravating circumstances like collisions or high BAC levels. However, with the right legal representation, you can significantly improve your chances of avoiding imprisonment. Repute Law’s Senior Lawyers will carefully prepare your case to achieve the best possible outcome, potentially including reduced penalties or a Section 10 dismissal.
Tips for Achieving a Positive Outcome
- Seek immediate legal advice: Early guidance is crucial for building a strong case.
- Complete a traffic offenders program: Demonstrating proactive rehabilitation can positively influence the court.
- Prepare character references and an apology letter: These can show genuine remorse and community support.
- Provide detailed case information: Explain the circumstances, reasons for driving, and the impact of penalties on your life.
Will a High Range Drink Driving Conviction Leave Me with a Criminal Record?
High range drink driving is a criminal offence. If convicted, it can result in a permanent criminal record. However, with meticulous preparation, a skilled lawyer can argue for a Section 10 dismissal, allowing you to avoid a conviction entirely. This outcome is rare and requires careful strategy tailored to your unique circumstances.
Why Choose Repute Law?
At Repute Law, we have a proven history of achieving exceptional results in high-range drink-driving cases. Our Senior Lawyers bring decades of courtroom experience and personalized attention to every case. We understand that every client’s situation is unique, and we use our expertise to develop tailored strategies that deliver the best outcomes.
Don’t leave your future to chance. Contact Repute Law today to discuss your case and take the first step toward resolving your high-range drink-driving matter.