What is the penalty for High Range Drink Driving?
The penalty for high range drink driving can vary greatly, depending on the circumstances of the offence (for example if you caused a serious accident).
The maximum penalty for High Range drink driving, if it is your first major traffic offence within 5 years, is a fine of $3,300.00 and/or 18 months imprisonment.
The disqualification period a court can impose is unlimited but there is an automatic disqualification period of 3 years and a minimum disqualification period of 12 months, unless the matter is dealt with pursuant to Section 10 of the Crimes (Sentencing Procedure) Act. If your matter is dealt with pursuant to Section 10, you will not be disqualified from driving. It is highly unusual for drivers charged with a High Range PCA offence to be dealt with under Section 10 because of the Guideline Judgement of the NSW Court of Criminal Appeal (see below). Click here to find out more about section 10.
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 or lessoning the period of time you spend off the road.
Penalty for High Range Drink Driving where the offence is a second or subsequent major offence within 5 years
The maximum penalty for a High Range drink driving offence, if it is your second or subsequent major offence within 5 years, is a fine of $5,500.00 and/or 2 years imprisonment.
The disqualification period a court can impose is unlimited but there is an automatic disqualification period of 5 years and a minimum disqualification period of 2 years unless the matter is dealt with pursuant to Section 10 of the Crimes (Sentencing Procedure) Act. If your matter is dealt with pursuant to Section 10, you will not be disqualified from driving. It is almost impossible for drivers charged with a second High Range drink driving offence to be dealt with under Section 10.
Click here to find out what the major traffic offences are.
What is the likely penalty for high range drink driving if it is my first offence?
If it is your first major traffic offence, and the circumstances of your offending behaviour were not very serious, you will likely find that you will receive the minimum period of disqualification as a penalty for high range drink driving, that is 12 months. You would also expect a fine in addition to your disqualification period.
Regardless of whether it is your first offence or not, if you cause a serious accident, it is likely that you will receive a period of disqualification well above the minimum period. It is a fact that drink drivers are the cause of many fatalities on our roads every year. Many of these are highly intoxicated at the time of driving. Magistrates will also generally impose a good behaviour bond in addition to the disqualification period, pursuant to Section 9 of the Crimes (Sentencing and Procedure) Act 1999.
For more information, or to read some case studies about other clients we have represented in high range drink driving matters, go to:
https://lylawyers.com.au/criminal-law/traffic-offences/drink-driving/high-range-drink-driving/
If you need advice on any drink driving matter, call LY Lawyers on 1300 595 299 for a free consultation.