Drink Driving (PCA) / Driving Under the Influence of alcohol (DUI):

The offence of high range drink driving or high range PCA occurs where a person drives a vehicle with a prescribed blood alcohol concentration PCA above 0.150. The maximum penalties for a first offence high range PCA are:

• A maximum fine of $3,300,
• A maximum term of imprisonment for 18 months,
• A minimum disqualification period of 12 months,
• An automatic disqualification period of 3 years,
• An unlimited maximum disqualification period. 

On 8 September 2004, the NSW Court of Criminal Appeal delivered what is known as a 'guideline judgement' on high range drink driving. Broadly speaking, a 'guideline judgement' is a set of rules that Courts should generally follow when sentencing a person for a particular offence. In broad terms, the judgment is the 'guideline' that the Court will generally follow when determining how to deal with a person who has been charge with a 'high range drink driving' offence. 

The Court will usually examine the following issues and apply the following considerations when looking at sentencing a person for high range drink driving: 

In an 'ordinary case' of an offence of high range PCA:

• an order under 'section 10' (no conviction) will rarely be appropriate,
• a conviction cannot be avoided only because the offender has attended, or will attend, a driver education or awareness course,
• the automatic disqualification will be appropriate unless there is a good reason to reduce the period of disqualification.

A 'good reason' to reduce the automatic period may include:

• the nature of the offender's employment,
• the absence of any viable alternative transport, and
• sickness or infirmity of the offender or another person.

In an ordinary case of a second or subsequent high range PCA offence:

• a good behaviour bond under 'section 9' (with a conviction) will rarely be enough punishment,
• an order under 'section 10' (no conviction) will very rarely be appropriate, and
• where the prior offence was a high range PCA, any sentence less severe than a community service order will generally not be enough punishment. 

The 'moral culpability' of a high range PCA offender is increased by:

• the degree of intoxication above 0.15,
• erratic or aggressive driving,
• a collision,
• competitive driving or showing off,
• the length of the journey,
• the number of persons put at risk by the driving.

In a case where the moral culpability of a high range PCA offender is increased:

• an order under sections 9 or 10 would very rarely be appropriate,
• where more than one aggravating factor is present to a significant degree, a sentence less than prison of some kind, including a suspended sentence, would generally be inappropriate 

In a case where the moral culpability of the offender of a second or subsequent high range PCA is increased:

• a sentence of any less severity than imprisonment of some kind would generally be inappropriate,
• where more than one aggravating factor is present to a significant degree or where the prior offence is a high range PCA, a sentence less severe than full time imprisonment would generally be inappropriate.

The Court stated in the guideline judgement that an 'ordinary' high range drink driving case is where:

• there was a random breath test,
• the offender has prior good character,
• the offender has nil, or a minor, traffic record,
• the offender's licence was suspended on detection,
• the offender pleaded guilty,
• there is little or no risk of re-offending,
• the offender would be significantly inconvenienced by a loss of licence.

Further, the Court stated that the following factors may justify leniency when the Court is determining the penalty the offender should receive for the offence:

• strong need for a licence,
• completing a traffic offender program,
• driving that occurred due to an emergency or safety or another unforeseen reason, rather than for convenience.

The offence of mid range drink driving or mid range PCA occurs where a person drives a vehicle with a prescribed blood alcohol concentration PCA between 0.08 and 0.150. The maximum penalties for a first offence mid range PCA are:

• A maximum fine of $2,200,
• A maximum term of imprisonment for 9 months,
• An unlimited maximum disqualification period,
• A minimum disqualification period of 6 months,
• An automatic disqualification period of 12 months.

The offence of high range drink driving or high range PCA occurs where a person drives a vehicle with a prescribed blood alcohol concentration PCA between 0.05 and 0.08. The maximum penalties for a first offence mid range PCA are:

• A maximum fine of $2,200,
• An unlimited maximum disqualification period,
• A minimum disqualification period of 6 months,
• An automatic disqualification period of 12 months.

There are other drink driving offences, which a Navado Traffic Lawyer can provide you with legal advice about or for which a Navado traffic lawyer can appear with you at Court.  These offences include the offences of Special Range Drink Driving or Novice Range Drink Driving.