Understanding the Legal Risks of High-Range Drink Driving
In New South Wales, the penalties for drink driving are severe, particularly when the offence falls into the high-range category. A first-time high-range PCA (Prescribed Concentration of Alcohol) offender faces a maximum fine of $3,300, an automatic disqualification period of 36 months (with a minimum of 12 months), and a maximum prison term of 18 months. These penalties are not merely theoretical; courts in NSW regularly enforce them to protect road users and deter dangerous driving behaviour.
The Unlikely Outcome: A Case Overview
Despite the harsh penalties outlined in the legislation, Brightstone Defence successfully defended a client who was charged with high-range drink driving under exceptional personal circumstances. The client, a professional driver with an impeccable traffic history and no criminal record, was pulled over by police and returned a high-range blood alcohol reading. His licence was immediately suspended, and he faced the real risk of losing his livelihood.
Tailoring a Strategic Defence
Upon engaging Brightstone Defence, the client was informed of the seriousness of the charges and the significant likelihood of a custodial sentence. However, our criminal law team conducted a detailed analysis of the client's circumstances, including the emotional stressors that contributed to the offence, his strong prior driving record, and his immediate remorse and cooperation with authorities.
We prepared a comprehensive submission that included character references, evidence of rehabilitative efforts, and an outline of the professional and personal consequences the disqualification would impose. Our submission presented a compelling case for leniency, grounded in the principles of proportionality and judicial discretion.
An Exceptional Result
In court, our arguments were well-received. The magistrate acknowledged the unusual context of the offence and the steps taken by the client to address the underlying issues. The court ultimately imposed a penalty of only four months disqualification and a modest fine—a rare outcome in high-range drink driving cases.
Why This Case Matters
This case demonstrates that even in situations where the law prescribes severe penalties, a carefully tailored legal strategy can make a significant difference. Brightstone Defence continues to deliver results in complex drink driving matters, ensuring our clients receive a fair outcome and a chance to move forward.
Frequently Asked Questions (FAQ)
- What is high-range drink driving in NSW?
It refers to driving with a blood alcohol concentration (BAC) of 0.150 or above.
- What penalties apply to first-time high-range PCA offences?
Penalties include fines up to $3,300, licence disqualification for 12–36 months, and potential imprisonment.
- Can a lawyer reduce drink driving penalties?
Yes. With strong legal representation, you may receive a reduced sentence or avoid a conviction, depending on your circumstances.
Need Help With a Drink Driving Charge?
If you've been charged with high-range drink driving or any traffic offence, don't assume that a heavy penalty is unavoidable. Brightstone Defence has the expertise to navigate the legal system and advocate for the best possible result.
Contact us today for a confidential consultation and let us help you protect your future.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
