High Range Drink Driving (NSW)
In New South Wales, one of the most serious drink driving offences a person can be charged with is the offence of high range drink driving. This offence occurs when a person drives a motor vehicle with a blood alcohol content (BAC) of more than 0.15. This page outlines the outcomes a person can expect to receive when they have been found guilty of high range drink driving in New South Wales.
Legislation
The offence of high range drink driving is contained in section 110(5) of the Road Transport Act 2013.
The offence of high range drink driving
A person can be found guilty of high range drink driving if they had a BAC of more than 0.15 and they:
- drove a motor vehicle;
- occupied the driver’s seat of a motor vehicle and attempted to put it in motion;
- occupied the driver’s seat of a motor vehicle while a learner driver was driving.
The maximum penalty for this offence (when it is a person’s first offence) is a fine of 30 penalty units, imprisonment for 18 months, or both.
When a person is being sentenced for this offence for the second or subsequent time, the maximum penalty that applies is a fine of 50 penalty units, imprisonment for two years, or both.
Guideline judgment
In 2004, the New South Wales Attorney General applied for a guideline judgment in respect of the offence of high range drink driving.
Sentencing practices for the offence had previously been ineffective and inconsistent. The guideline judgement provides a guide for courts to follow when sentencing persons for high range drink driving.
Specifically, the guideline judgment clarifies:
- what is an ordinary case of high range drink-driving
- what is an aggravated case of high range drink-driving
- how a person’s moral culpability is to be assessed
- how a person should be sentenced in an ordinary case, and in an aggravated case
Ordinary cases
According to the guideline judgment, an ordinary case of high range drink-driving is one where:
- the person drove to avoid ‘personal inconvenience’ or because they believe they were not too impaired by alcohol
- the person is of prior good character, and that they do not have a significant criminal history or driving history
- the offence was detected by random breath test and not as a result of a road incident
- the person pleaded guilty at the earliest opportunity and is not considered a risk of offending
- a license suspension would be a significant inconvenience to the person
Aggravated cases
The guideline judgement also lists a number of common factors that make the offence more serious meaning that a more severe penalty is called for. These are:
- where the driver had passengers on board
- where the driver was involved in a collision
- where the driver was operating the vehicle in a reckless, aggressive or hazardous manner
- where the driver was operating the vehicle with a high range BAC for a long period of time
- where the driver recorded a BAC that was for above the .15 threshold
- where a lot of other people who were endangered by the driving
Penalties in ordinary cases
The guideline judgment states that in ordinary cases the following penalties are appropriate:
- The recording of a conviction against the driver
- The imposition of the standard disqualification period of three years for a first offence or five years for a second or subsequent offence, unless there is a good reason to reduce this period
- A sentence that involves a combination of a fine and a community correction order with a period of good behaviour, or a higher penalty.
Penalties in aggravated cases
The guideline judgment states that in aggravated cases the following penalties are appropriate:
- The recording of a conviction against the driver
- The imposition of the standard disqualification period of three years for a first offence or five years for a second or subsequent offence
- A higher penalty than a community release order.
It further states that when it is the person’s second or subsequent offence, or where they are multiple aggravating factors, a term of imprisonment will be the most appropriate penalty. Term of imprisonment can either be served in the community under an intensive correction order (ICO) or in prison.
Pleading guilty to high range drink driving
If you have been charged with high range drink driving, talk to an experienced drink driving lawyer as soon as possible. The offence of high range drink driving is taken very seriously by courts so you need a lawyer who knows your circumstances and the applicable law back to front and can ensure that the court is made aware of every factor in your favour.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.