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High Range Drink Driving

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The offence of high range PCA is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration of 0.150 or above. The maximum penalty for a first offender is the recording of a criminal conviction, imprisonment for 18 months, a fine of 30 penalty units and an automatic licence disqualification for 3 years. The maximum penalty for a repeat offender is the recording of a criminal conviction, imprisonment for 2 years, a fine of 50 penalty units and an automatic licence disqualification for 5 years.

Sentencing for high range drink driving matters is also regulated by the NSW Guideline Judgement for high range drink driving matters.

Will I Get A Criminal Record For A High Range Drink Driving offence?

Yes. High range drink driving is considered to be a serious offence. The seriousness of the charge is heightened depending on the level of alcohol in the offender’s blood or breath. The penalties are severe and it is not uncommon, especially if a collision occurred, for some form of custodial sentence to be imposed, even for a first offender. This is on top of the recording of a criminal conviction.

Is It Possible That I Will Go To Jail For My High Range PCA offence?

Yes. High range drink driving, even for a first offender, can result in a custodial sentence. Whether or not a custodial sentence will be imposed depends on a number of factors, including the level of your blood or breath alcohol reading, the circumstances of the offence and your traffic record.

For advice or representation in any legal matter, please contact Armstrong Legal.

Michelle Makela

This article was written by Michelle Makela

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

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