Lawyers for High Range Drink Driving NSW
High Range Drink Driving is when you drive with a blood alcohol concentration of higher than 0.150 grams of alcohol.
If you are found guilty of high range drink driving, you will face a mandatory disqualification period – unless the magistrate awards you a section 10 dismissal or conditional release order.
A non conviction order is where you admit guilt, and the magistrate agrees not to convict you for the offence.
The courts take high range drink driving very seriously.
There is a significant possibility that if convicted of high range drink driving, you will be facing a serious penalty such as community service or even prison, particularly if you were involved in a collision and someone was injured.
Since 2004, when the Supreme Court gave a ‘guideline judgement’ regarding high range PCA, the penalties given to people found guilty have increased in severity.
What is the penalty for a first offence?
As long as you haven’t committed another major traffic offence in the previous five years, you will be facing an automatic disqualification period of three years, and a maximum fine of $3,300.
There is also a maximum prison sentence of 18 months.
The magistrate can choose to reduce the period of time you are disqualified for to the minimum of 12 months.
What are the penalties for subsequent offences?
If you have committed any other major traffic offences in the previous five years, you will be facing a mandatory disqualification period of five years, and a maximum fine of $5,500.
You will also be faced with the possibility of a prison sentence, to a maximum term of two years.
The magistrate can decrease the disqualification period to the minimum of two years and although it is unusual, if they choose to deal with the case under a non conviction order, you will be able to escape a conviction, disqualification or fine.
Sydney Drink Driving Lawyers have successfully helped many clients obtain non conviction orders for high range drink driving.
What are the sentencing statistics for high range drink driving?
Below is a list of official sentencing outcomes for high range PCA cases.
You will see that only 2% of recorded cases are given non conviction orders.
Our firm regularly achieves non conviction orders in high range drink driving cases.
We do this by thoroughly preparing and persuasively presenting cases for our clients.
Our overall results are also far better than these official statistics:
- Total number of cases – 15,477
- Fine and disqualification – 41%
- Section 9 bond and disqualification – 29%
- Community service order and disqualification – 11%
- Prison and disqualification – 5%
- Section 10 bond (now conditional release order without conviction) – 2%
- Suspended sentence and disqualification – 2%
- Periodic detention – 2%
- Home detention and disqualification – 1%
- Section 10 dismissal – 0%
- Section 10A and disqualification – 0%
If you are looking for highly experienced and skilled representation for your high range drink driving case, call Sydney Drink Driving Lawyers today.