Penalty For High Range Drink Driving
The penalty for high range drink driving in NSW is severe and has consequential effects. In NSW, High range PCA refers to driving with a blood alcohol concentration (BAC) of 0.150 or above. PCA stands for Prescribed Concentration of Alcohol – the legal measure for drink driving offences. High range PCA (often called high-range drink driving) is the most serious category of drink driving offence in NSW. Under section 110(5) of the Road Transport Act 2013 (NSW), it is an offence to drive (or even attempt to drive) with a high-range PCA. In simple terms, if you have a BAC at or above 0.150, you will be charged with high range drink driving. Police will also immediately suspend your licence when charging you with this offence. You won’t be allowed to drive from the moment of the charge until the case is resolved in court.
Penalty For High Range Drink Driving in NSW
The penalties for a High range PCA offence are extremely severe, reflecting the danger posed by high-level drink driving. If it is your first major drink driving offence (no similar offences in the past 5 years), the maximum High range PCA penalties include:
- Fine: Up to $3,300
- Imprisonment: Up to 18 months in jail
- Licence disqualification: Automatic 3 years, which the court can reduce to a minimum of 12 months. If an interlock order is made (see below), the disqualification can be as low as 6 months before the interlock period begins.
For a second or subsequent high-range PCA offence (within 5 years of a prior offence), penalties increase even further:
- Fine: Up to $5,500
- Imprisonment: Up to 2 years in jail
- Licence disqualification: Automatic 5 years, which can be reduced to a minimum of 2 years (or 9 months with an interlock order)
These High range PCA penalties in NSW are among the toughest in Australian traffic law, and even first-time offenders face mandatory loss of licence and the possibility of jail. In fact, NSW law requires the court to either impose an interlock device order or a lengthy disqualification for anyone convicted of mid or high-range PCA.
Licence Disqualification and Interlock Requirements
License disqualification is mandatory on conviction for high-range drink driving. For a first high-range PCA conviction, the court must disqualify your licence for at least 6 months (and up to 9 months) if an interlock device is ordered. An interlock is an electronic breath-testing device fitted to your car which prevents the car from starting if you have alcohol in your system. For a second offence, the minimum disqualification is 9 months (up to 12 months) with an interlock for 48 months. These measures underscore how seriously the law treats High range PCA penalties – the goal is to protect the public by keeping high-range drink drivers off the road for an extended period.
Facing a High Range PCA Charge – What Should You Do?
If you are charged with High range PCA, it is crucial to get professional legal advice as early as possible. High-range drink driving cases move quickly – you will have a court date, and police will have already suspended your licence. At your first court appearance, you will need to enter a plea. You have the option to plead not guilty and contest the charge or plead guilty and focus on obtaining the most lenient sentence possible. In some cases, you or your lawyer can seek a short adjournment to gather evidence or attend a rehabilitation program before sentencing.
Contact AMA Legal today on (02) 8610 3764 for a free confidential consultation. We can advise on High range PCA penalties and work towards securing the most favourable result in your situation.
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