What is high range drink driving NSW?
Under s 9 of the Road Transport (Safety and Traffic Management) Act 1999 (NSW) (the Act), it is an offence for individuals with a prescribed blood alcohol concentration to: drive; attempt to drive; or occupy the seat next to the holder of a learner licence who is driving a vehicle. The Act identifies four categories of PCA offences:
1. special range PCA applies to special category drivers4 with a blood alcohol concentration of between 0.02 and 0.049 g/100 mL
2. low range PCA applies to drivers with a blood alcohol concentration of between 0.05 and 0.079 g/100 mL
3. mid range PCA applies to drivers with a blood alcohol concentration of between 0.08 and 0.149 g/100 mL
4. high range PCA applies to drivers with a blood alcohol concentration of over 0.15 g/100 mL.
Maximum Penalties for High Range Drink Driving
- First major offence committed in NSW within the last 5 years
- Maximum fine of $3300, or imprisonment for 18 months, or both.
- Second or subsequent major offence committed in NSW within the last 5 years
- Maximum fine of $5500, or imprisonment for 2 years, or both.
If this is the first time you have been charged with a Prescribed Concentration of Alcohol (PCA) offence, it is unlikely you will get a gaol sentence. However, if
- :it is a high range PCA offence and if it involves aggravating features such as a very high reading, an accident and/or dangerous driving, a gaol penalty is more likely and you may therefore be eligible for legal aid;
- you have previously been charged with a high range drink driving offence, you face the risk of a gaol penalty and may be eligible for legal aid.
In those situations, you should seek a legal advice from a criminal lawyer before your first court appearance.
High range PCA offenders
The majority received a fine (62.7%), followed by a s 9 good behaviour bond (15.6%), a s 10(1)(a) dismissal (9.5%), a s 10(1)(b) bond (9.5%) and a CSO (5.6%). The total percentage of custodial sentences imposed was 5.7% (2.2% prison sentences, 2.1% suspended sentences, 1.2% for periodic detention and 0.2% for home detention).The percentage of prison sentences in this category is higher than the total of all custodial sentences in the mid range PCA category.
