Charged With High-Range Drink Driving in ACT - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 11 April 2026.

Charged With High-Range Drink Driving in ACT - What Happens Now?

High-range drink driving in the ACT means your blood alcohol concentration was 0.15 or higher - this is the most serious drink driving charge and carries mandatory imprisonment unless exceptional circumstances exist. You face up to 18 months jail for a first offence, automatic licence disqualification, and mandatory alcohol interlock requirements. Call 1300 636 846 immediately - early legal intervention can mean the difference between jail time and alternative sentencing options.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer for high-range drink driving charges in the ACT. The ACT Magistrates Court treats these charges as serious criminal offences with presumptive jail sentences. Without legal representation, you risk receiving the full penalty including immediate imprisonment, maximum disqualification periods, and substantial fines up to $3,200.

An experienced lawyer can challenge the evidence, negotiate with prosecutors for reduced charges, present compelling mitigation evidence, and argue for alternative sentencing options like intensive correction orders instead of actual jail time. Our lawyers have successfully helped clients avoid imprisonment in over 70% of high-range cases through strategic defence preparation and skilled court advocacy.

The prosecution must prove every element of the charge beyond reasonable doubt. Technical defences around breath testing procedures, calibration records, and police conduct can lead to charges being dismissed or reduced. Don't face the ACT Magistrates Court alone when your freedom is at stake - book your consultation at gotocourt.com.au/book today.

What Happens Next - The Process

Here's exactly what happens after being charged with high-range drink driving in the ACT:

1. First Court Appearance (within 6-8 weeks): You'll receive a summons to appear at the ACT Magistrates Court in Canberra. Your licence is immediately suspended from the date of charge until court resolution.
2. Brief of Evidence (2-3 weeks before trial): Police provide the prosecution brief including breath test results, police statements, calibration certificates, and any video footage from the arrest.
3. Plea Entry: You enter a guilty or not guilty plea. If pleading not guilty, the matter is listed for hearing. If pleading guilty, the court proceeds to sentencing submissions.
4. Sentencing or Trial (4-12 weeks): For guilty pleas, your lawyer presents mitigation evidence including character references, completion of traffic offender programs, and personal circumstances. For contested matters, the prosecution must prove their case.
5. Sentencing Decision: The magistrate imposes penalties including imprisonment, licence disqualification, fines, and interlock requirements. Appeals must be lodged within 28 days to the ACT Supreme Court.
6. Post-Conviction Requirements: Complete any community service, install alcohol interlock devices, and comply with licence reinstatement conditions through Access Canberra.

Time is critical - evidence preservation, witness statements, and technical challenges must be identified immediately. Call 1300 636 846 now to ensure your defence preparation starts today.

The Law in Australian Capital Territory

High-range drink driving is prosecuted under Section 23 of the Road Transport (Alcohol and Drugs) Act 1977 (ACT). The charge applies when your blood alcohol concentration is 0.15 or higher, or you refuse to provide a breath sample when required.

The maximum penalties for high-range drink driving in the ACT are:

• First Offence: Up to 18 months imprisonment, licence disqualification 9 months to 3 years, fine up to $3,200, and mandatory alcohol interlock for minimum 12 months
• Second Offence (within 5 years): Up to 2 years imprisonment, licence disqualification 2-5 years, fine up to $3,200, and mandatory alcohol interlock for minimum 24 months
• Third or Subsequent Offence: Up to 2 years imprisonment, licence disqualification 3-5 years, fine up to $3,200, and mandatory alcohol interlock for minimum 48 months

Under Section 23B, the court must impose imprisonment unless satisfied that exceptional circumstances exist that make imprisonment inappropriate. The Road Transport (Driver Licensing) Regulation 2018 mandates alcohol interlock participation before licence reinstatement.

Section 23C allows for intensive correction orders as alternatives to actual imprisonment, permitting offenders to serve sentences in the community under strict supervision including home detention, community service, and mandatory counselling programs.

These penalties are severe and immediate - contact our ACT lawyers on 1300 636 846 to understand how the law applies to your specific circumstances.

Mistakes to Avoid

These critical mistakes can destroy your chances of avoiding imprisonment:

1. Waiting to Get Legal Help: Many clients contact us days before court, limiting defence options. Technical challenges to breath testing equipment require immediate investigation of calibration records, maintenance logs, and operator training. Police body camera footage is often overwritten after 28 days unless formally requested. Early intervention allows time to gather crucial evidence and prepare compelling mitigation materials.

2. Admitting Everything to Police: Clients often provide detailed admissions during arrest, including how much they drank, where they drove from, and why they were driving. These admissions become prosecution evidence and severely limit defence options. You have the right to remain silent beyond providing identification - exercise it.

3. Ignoring the Interlock Requirement: Failing to complete mandatory interlock participation extends your disqualification indefinitely. The program costs $2,500-$4,000 annually, requires regular calibration appointments, and has strict violation consequences. Many clients don't budget for these ongoing costs or understand the program requirements, leading to extended licence loss.

4. Representing Yourself in Court: Magistrates expect professional legal submissions for serious charges. Self-represented defendants often present irrelevant character evidence, fail to address legal criteria for exceptional circumstances, and miss opportunities for alternative sentencing. One client received 6 months imprisonment representing himself, while our lawyer achieved an intensive correction order for a similar case the same week.

5. Not Completing Traffic Offender Programs Early: Magistrates view pre-sentence program completion favourably when assessing exceptional circumstances. The ACT Traffic Offender Program has waiting lists and takes 6-8 weeks to complete. Clients who wait until after court miss this crucial mitigation opportunity.

Don't let these mistakes cost you your freedom - our experienced lawyers know exactly how to avoid these pitfalls. Call 1300 636 846 immediately.

Likely Outcomes and Costs

With professional legal representation, most high-range drink driving clients in the ACT avoid actual imprisonment through intensive correction orders, which allow community-based sentence completion. Our lawyers achieve non-custodial outcomes in approximately 70% of cases by presenting exceptional circumstances including:

• Significant employment consequences and family hardship
• Completion of voluntary counselling and traffic offender programs
• Strong community ties and character evidence
• Medical or psychological factors contributing to the offence
• Genuine remorse and rehabilitation efforts

Without legal representation, clients typically receive:

• 3-6 months actual imprisonment for first offences
• Maximum disqualification periods (2-3 years)
• Full fine amounts ($3,200)
• No consideration of alternative sentencing options

With experienced legal representation, common outcomes include:

• Intensive correction orders with community service (200-300 hours)
• Minimum disqualification periods (9-12 months)
• Reduced fine amounts ($1,500-$2,500)
• Structured rehabilitation requirements

Legal costs typically range from $3,500-$7,500 for high-range matters, depending on complexity and whether the matter proceeds to trial. This investment is minimal compared to the employment loss, increased insurance costs, and personal consequences of imprisonment.

Court matters typically resolve within 3-6 months, with interlock requirements adding 12-48 months depending on your offence history. Early legal intervention provides the best opportunity for favourable outcomes - don't delay when your future is at stake.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended over 15,000 drink driving cases nationally since 2010, with dedicated lawyers practicing exclusively in ACT courts who understand local magistrates, prosecutors, and successful defence strategies.

Our ACT team provides:

• Immediate Case Assessment: Fixed-fee consultation to review your evidence, identify defence opportunities, and explain realistic outcomes
• Technical Defence Investigation: Challenging breath test accuracy, police procedures, and equipment calibration through expert forensic analysis
• Strategic Plea Negotiations: Working with ACT prosecutors to achieve charge reductions or alternative facts that support exceptional circumstances
• Expert Court Advocacy: Presenting compelling mitigation evidence and legal submissions that maximise your chances of avoiding imprisonment
• Comprehensive Support: Coordinating traffic offender programs, character references, and rehabilitation evidence to strengthen your case

With over 800 lawyers nationally and a 4.5-star rating from 780+ client reviews, we're Australia's most experienced criminal defence firm. Our ACT lawyers appear daily in the Canberra Magistrates Court and maintain excellent relationships with prosecutors and judicial officers.

Your freedom depends on the next decision you make. High-range drink driving charges require immediate, expert legal intervention. Every day you wait reduces your defence options and mitigation opportunities.

Call 1300 636 846 now - our 24/7 hotline connects you immediately with experienced ACT lawyers who understand exactly what you're facing. Alternatively, book online at gotocourt.com.au/book for priority consultation scheduling.

Don't face jail time alone - contact Go To Court Lawyers today and start building your strongest possible defence.