High Range Drink Driving Charges in NSW - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

High range drink driving in NSW means you had a blood alcohol concentration (BAC) of 0.15 or higher, which is three times the legal limit. This is the most serious drink driving charge in NSW and carries a presumption of imprisonment - meaning judges expect to send you to jail unless there are exceptional circumstances. You face immediate licence suspension, mandatory alcohol interlock for at least 24 months, and penalties up to $3,300 plus 18 months in prison for a first offence. Call 1300 636 846 immediately - what you do in the next 48 hours can determine whether you go to jail or keep your job.

Do You Need a Lawyer?

Yes, absolutely. High range drink driving carries a presumption of imprisonment under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). This means the magistrate starts from the position that you should go to jail and you must convince them otherwise. Without a lawyer, you are arguing against this presumption alone, which rarely succeeds.

A skilled drink driving lawyer can challenge the police evidence, identify procedural errors, negotiate with prosecutors for a reduced charge, and present compelling character evidence and rehabilitation efforts to avoid imprisonment. Our lawyers regularly achieve non-custodial sentences for high range charges where clients would otherwise face jail time.

The prosecution must prove the charge beyond reasonable doubt. Police breath testing procedures are complex and technical - errors in calibration, observation periods, or arrest procedures can lead to charges being dismissed entirely. You cannot identify these defences without legal training and experience in drink driving cases.

Time is critical. Evidence preservation, witness statements, and early legal strategy can mean the difference between jail and community service. Our 24/7 hotline 1300 636 846 connects you immediately with experienced drink driving lawyers who handle these cases daily.

What Happens Next - The Process

1. Immediate licence suspension: Your licence is suspended immediately upon being charged. You can apply for an interlock exemption to drive for work purposes only after 90 days if you install an alcohol interlock device.
2. Court attendance notice: You receive a Court Attendance Notice requiring you to appear at your local Local Court within 6-8 weeks. Common courts include Downing Centre Local Court, Parramatta Local Court, or your nearest suburban court.
3. First court mention: You (or your lawyer) must attend court on the specified date. This is typically a brief mention where you enter a plea. If pleading guilty, the matter may be adjourned for 4-6 weeks for sentencing submissions.
4. Brief of evidence: The prosecution provides their evidence including breath analysis certificates, police statements, and ERISP interview records. Your lawyer reviews this for procedural errors or technical defences.
5. Sentencing hearing: If pleading guilty, your lawyer presents character references, rehabilitation evidence, and submissions on why imprisonment is inappropriate. This determines whether you go to jail or receive an alternative penalty.
6. Interlock installation: If convicted, you must install an alcohol interlock device before licence reinstatement. The mandatory minimum period is 24 months for high range offences.

Each step has strict timeframes and procedural requirements. Missing deadlines or failing to comply with court orders can result in additional charges or arrest warrants. Legal representation from day one ensures nothing falls through the cracks.

The Law in New South Wales

High range prescribed concentration of alcohol (PCA) is defined under section 110(4) of the Road Transport Act 2013 (NSW) as having a blood alcohol concentration of 0.15 grams or more per 100 millilitres of blood. This applies whether the reading comes from breath analysis, blood test, or urine analysis.

Maximum penalties for high range PCA:

• First offence: $3,300 fine and/or 18 months imprisonment
• Second or subsequent offence: $5,500 fine and/or 2 years imprisonment
• Automatic licence disqualification: minimum 12 months for first offence, minimum 2 years for repeat offences
• Mandatory alcohol interlock period: minimum 24 months after licence reinstatement

Section 10 of the Crimes (Sentencing Procedure) Act 1999 creates a presumption in favour of full-time imprisonment for high range drink driving. Magistrates must consider imprisonment as the starting point and require compelling reasons to impose alternative penalties like intensive correction orders, community service, or suspended sentences.

The interlock requirement under section 215 of the Road Transport Act 2013 cannot be avoided except in very limited circumstances involving medical conditions or financial hardship that prevents device installation.

These penalties are mandatory minimums - magistrates cannot impose lighter sentences except in extraordinary circumstances. Understanding exactly what you face helps your lawyer build the strongest possible case for avoiding the worst outcomes.

Mistakes to Avoid

1. Representing yourself in court: We regularly see unrepresented defendants receive jail sentences that could have been avoided. High range charges are too serious for DIY legal representation. Magistrates expect professional legal submissions addressing the presumption of imprisonment - without them, you will likely go to jail.

2. Admitting guilt without seeing the evidence: Police breath testing involves complex scientific procedures and strict legal requirements. We have had high range charges dismissed due to faulty equipment calibration, improper observation periods, or unlawful arrests. You cannot identify these defences without reviewing the full brief of evidence first.

3. Waiting too long to get help: Character references, rehabilitation programs, and medical evidence take time to prepare. Clients who contact us weeks before their court date have fewer options than those who seek help immediately after being charged. Early intervention often determines the final outcome.

4. Ignoring interlock requirements: Driving without an interlock after conviction triggers additional serious charges carrying further imprisonment terms. The interlock requirement is separate from court penalties and cannot be ignored or delayed.

5. Failing to address underlying alcohol issues: Magistrates consider rehabilitation efforts when deciding on imprisonment. Enrolling in alcohol counselling, attending AA meetings, or completing residential programs demonstrates genuine remorse and reduces jail prospects significantly.

Each of these mistakes comes from real cases where better legal advice could have changed the outcome entirely. Don't become another statistic - get experienced help now.

Likely Outcomes and Costs

With experienced legal representation: Our lawyers regularly achieve intensive correction orders (serving sentence at home), community service orders, or suspended sentences for high range charges. Approximately 60% of our high range clients avoid actual jail time through strategic legal representation and comprehensive sentencing submissions.

Without legal representation: Unrepresented defendants face imprisonment in approximately 80% of high range cases. Magistrates expect professional legal submissions addressing the statutory presumption - without them, the default position is jail.

Legal costs typically range from $3,500 to $8,000 for high range matters, depending on complexity and whether the matter proceeds to hearing. This includes brief review, court appearances, character reference coordination, and sentencing submissions. Compare this to losing your job due to imprisonment, ongoing wage loss, and family disruption.

Timeframes: Most high range matters resolve within 8-12 weeks from charge to sentencing. Cases proceeding to defended hearing may take 4-6 months. Early guilty pleas with strong mitigation can sometimes resolve in 6-8 weeks with better outcomes than delayed pleas.

Interlock costs: Alcohol interlock devices cost approximately $2,200 per year including installation, monthly monitoring, and removal. The mandatory 24-month minimum means total costs around $4,400 plus potential calibration fees.

These numbers reflect real outcomes from our extensive experience in NSW drink driving matters. The investment in quality legal representation typically saves money and prevents life-changing consequences.

How Go To Court Lawyers Can Help

Go To Court Lawyers is Australia's largest legal service with over 800 lawyers operating in every state and territory since 2010. Our drink driving specialists handle high range charges daily across NSW courts from Downing Centre to regional locations like Dubbo, Newcastle, and Wollongong.

Immediate protection: Our 24/7 hotline 1300 636 846 connects you instantly with experienced drink driving lawyers who understand the urgency of your situation. We begin building your defence immediately, preserving evidence and preparing strategy while others wait for business hours.

Technical expertise: Our lawyers identify procedural errors, equipment malfunctions, and legal defences that other firms miss. We have the resources to engage forensic experts, obtain equipment calibration records, and challenge prosecution evidence comprehensively.

Proven results: With 4.5 stars from 780+ client reviews, our track record speaks for itself. We regularly achieve non-custodial sentences for high range charges through strategic preparation and compelling court presentations.

Fixed-fee consultation: Your first consultation costs just $295 with no hidden fees or surprise bills. You receive immediate legal advice, case strategy, and clear cost estimates for full representation. Most clients save thousands compared to other firms while receiving superior service.

Comprehensive service: We coordinate character references, arrange rehabilitation programs, liaise with employers, and handle all court appearances. You receive dedicated support throughout the entire process, not just basic legal advice.

High range drink driving charges can destroy your career, relationships, and future opportunities. The presumption of imprisonment means you need immediate, experienced legal help to avoid jail time and minimise long-term consequences.

Call 1300 636 846 now for urgent legal help, book your consultation online at gotocourt.com.au/book, or request immediate assistance through our website. Our drink driving specialists are standing by to protect your future and fight for the best possible outcome in your case.