What Is High Range Drink Driving in NSW?
High Range drink driving applies when your blood alcohol concentration (‘BAC’) is between 0.15 and higher. Blood alcohol concentration is measured based on the concentration of alcohol in 210 litres of breath or 100 millilitres of blood. This offence applies to full licence holders, and not those with learners’ or provisional licences. If you are detected with high range PCA, the police will issue you with a court attendance notice (i.e., they will charge you). They may also decide to suspend your licence, which takes effect immediately and will remain in place until your court matter is finalised. This drink driving offence is treated most seriously by the police and the court.
Why you should choose Elite Defence Lawyers?
We provide our clients with a free consultation to understand their cases and provide insight on how we're able to assist in their representation. We use our skills and to best develop the best outcome for our clients no matter the case.
We understand that our clients may need the assistance of a lawyer at any time. We provide 24/7 assistance for our clients that include quick bail applications, instant legal advice on court proceedings and more. We provide around the clock assistance via phone or email
With experience in the Criminal Defence Law we understand all possible outcomes for our clients. With this we’re able to create and develop strategies to achieve what we feel is best for our clients
We pride ourselves on having high client retention, building ongoing relationships with our clients time and time again. Our clients know that they're able to trust Elite Defence Lawyers in any and all instances.
What Are the Penalties for High Range Drink Driving?
With mandatory interlock period =
Maximum: 9 months
Minimum: 6 months
Without interlock =
Automatic: 3 years
Minimum: 1 year
Maximum term of 18 months imprisonment
With mandatory interlock period =
Maximum: 12 months
Minimum: 9 months
Without interlock =
Automatic: 5 years
Minimum: 2 years
Maximum term of 2 years imprisonment
Facing Criminal charges and seeking representation?
Contact a member of our team today for a free consultation. We assess your case, and begin advising on how we’re able to assist in obtaining the results you deserve. Fill out a form on our contact us page, or contact us directly for more information.
Will I Go to Jail for High Range Drink Driving?
The court treats high range drink driving offences incredibly seriously, and there is often a risk of receiving a term of imprisonment. If you have a record of prior offences, were driving dangerously at the time and have a reading towards the higher end, this makes jail more likely. The court will consider your personal circumstances, the risk to other road users, level of intoxication, the length of your journey, and how the police detected you, among other factors. Skilled legal advocacy can seek to ensure you receive a favourable outcome that avoids imprisonment.
Can I Avoid a Criminal Conviction?
The chances of receiving a non-conviction for a High Range PCA offence are extremely minimal. However, it is possible in exceptional cases. There is a ‘guideline judgement’ for High Range PCA, which states that a non-conviction will rarely be appropriate for this offence. Guideline judgments are court decisions that give guidance to judges in relation to how they should sentence offenders.
The court may consider your character, personal circumstances, and the circumstances relevant to your driving. A matter will be considered more serious where it involves a collision (with another vehicle or an object), the degree of intoxication, the manner of driving, the length of your journey, and the number of people put at risk (i.e., a busy area or road vs where there is no one around).
Ensuring you obtain early legal advice to assess such prospects is critical.
Interlock Orders and Disqualification Periods
If you are charged with High Range PCA, the offence carries a mandatory interlock period of 24 months for a first offence or 48 months for a second or subsequent offence. An interlock is a device that is installed in your vehicle and prevents the vehicle from being started if the presence of alcohol is detected in your breath sample. You are required to blow into the device before starting the vehicle. You are required to install the device prior to commencing driving after your disqualification period has finalised.
Exemptions to the mandatory interlock program are incredibly rare and only granted in circumstances such as if:
You have a medical condition, which means that you cannot provide a sufficient breath sample to operate the device (with medical evidence required to support this), or
You do not have access to a motor vehicle in which to install the device.
There is a further exemption ground if the making of an interlock order would cause you severe hardship, and it would be more appropriate to make an exemption order. However, this factor is only relevant if you have been charged with Mid Range Drink Driving for the first time.
The law specifically provides that an exemption order should not be granted because:
You cannot afford the costs of installing an interlock device,
You will be prevented from driving a vehicle in the course of your employment,
You have access to a vehicle, but the registered owner refuses to allow for the installation of the interlock device.
The mandatory interlock program means that the applicable disqualification periods are reduced to a minimum of 6 months and a maximum of 9 months for a first offence, and a minimum of 9 months and a maximum of 12 months for a second or subsequent offence.
Common Legal Defences and Case Strategies
In most cases related to High Range drink driving, the main goal will be to seek to mitigate the penalty received rather than ‘defending’ the charge. However, there are some common defence strategies to drink driving charges. This includes:
Faulty Breath or Blood Testing Equipment: There may have been an evident issue with the accuracy of the testing or the device used to measure your blood alcohol concentration.
Medical Conditions: Certain medical conditions, such as reflux conditions, can interfere with or influence blood alcohol concentration readings, which could lead to false positives or inaccurate readings.
Necessity: In rare cases, there can be a reasonable excuse for driving, such as medical emergencies where no other options would have been available.
That you were not the driver of the vehicle or attempting to drive it.
It is integral to obtain tailored advice from an experienced drink driving lawyer to determine if you should focus on defending your case or seeking leniency from the court. Urgent legal advice improves your chances of avoiding conviction and reducing any applicable disqualification.
Why Choose Elite Defence Lawyers for a High Range PCA Charge
A High Range PCA charge is one of the most serious traffic offences in NSW, carrying the risk of heavy fines, long disqualification periods, and even jail. You need a skilled drink driving lawyer with proven experience in complex, high-stakes PCA cases.
At Elite Defence Lawyers, we regularly appear in Sydney and NSW traffic courts, defending clients facing the toughest drink driving matters. Our track record includes minimising penalties, avoiding convictions, and helping clients protect their licences and livelihoods. We offer fixed fees for certainty and peace of mind and offer compassionate advice from experienced lawyers who understand what's at stake.
Don’t leave your future to chance. Contact Elite Defence Lawyers now for immediate legal help with your High Range PCA charge.
