THE OFFENCE:
To find a person guilty of high range drink driving the prosecution must prove the following beyond reasonable doubt:
1. You were driving a vehicle or attempted to drive the vehicle or put it in motion
2. You had a blood alcohol concentration between 0.15 or higher
THE PENALTIES:
There are six common penalties that may be imposed on a person as follows:
1. On the spot fine: The police officer may choose to give you an on-the-spot fine, for some offences, they have the discretion to do so. If you decide won’t have to go to court unless you wish to challenge the charge or the conviction.
2. Fine: A monetary penalty can be imposed on any driving matter. The table below includes the maximum penalty for each offence.
3. Imprisonment: A term of imprisonment can be imposed for many offences.
4. Minimum suspension: The minimum suspension is the minimum suspension period the court may impose in the circumstance that a conviction is recorded.
5. Automatic suspension: The automatic suspension is the ‘default’ position the court would begin from in considering an appropriate suspension period.
6. Interlock system: The interlock system imposed in a person’s car is a device that restricts a person driving a car without blowing into a Breathalyzer.
CAN I KEEP MY LICENSE?
The above penalties don’t apply if the court decides to not impose a conviction. The court may do so by imposing either:
1. A conditional release order without condition; OR
2. Dismissal without conviction.
Receiving a non-conviction for drink driving matters is rare, particularly with high range drink driving. You should speak to an experienced criminal lawyer about your prospects if you have a strong need for your license. The court may take into account any factor it considers relevant when a defendant is seeking a non-conviction for a traffic offence such as:
1. Your criminal and traffic history.
2. The circumstances of the offence.
3. An early plea of guilty.
4. Your need for your license.
5. Character references.
6. An apology letters.
7. Medical & psychological reports.
| On the spot fine? | Fine | Imprisonment | Minimum suspension | Automatic suspension | Interlock system? | |
| First offence | No | $3,300 | 18 months | 6 months | 9 months | Yes, 2 years |
| Second or subsequent offence | No | $5,500 | 18 months | 9 months | 12 months | Yes, 4 years |
The Court may ‘exempt’ you from the interlock system, if this is the case, the court has the discretion to impose alternate penalties such as:
| Fine | Imprisonment | Minimum suspension | Automatic suspension | |
| First offence | $3,300 | 18 months | 12 months | 3 years |
| Second or subsequent offence | $3,300 | 2 years | 2 years | 5 years |
CAN I GO TO JAIL?
On the opposite end of the spectrum, what about jail? As listed above it is possible to receive a custodial sentence for mid-range drink driving or high range drink driving. However, as is the case for all offences in NSW, the maximum penalty is reserved for the “worst category” of offenders (Veen v The Queen (No 2) (1988) 164 CLR 465 at 478) and in most cases, it would be unlikely that a person receives a custodial sentence in the absence of an extremely poor criminal and driving record.
Drink Driving Case Studies
Our client was charged with Mid-Range drink driving. Our client was a mother of four children and had a significant need for a drivers licence for employment. The matter proceeded to sentence at Manly Local Court and the magistrate agreed with our submissions that no conviction should be recorded. Our client received a 2 year conditional release order without conviction and was able to keep her licence.
Our client was charged with Mid-Range drink driving. Our client had a significant need for a drivers licence for employment. The matter proceeded to sentence at Bankstown Local Court and the magistrate agreed with our submissions that no conviction should be recorded in this matter. Our client received a 12 year conditional release order without conviction.
Our client was charged with High-Range drink driving. Our client had a significant traffic record which included two prior high range offences. The matter proceeded to sentence at Campbelltown Local Court and the magistrate agreed with our submissions that our client should not receive a full time term of imprisonment. Our client received a 15 months intensive corrections order.
Our client was charged with High-Range drink driving. Our had a significant need for a drivers licence for employment and significant need to care for his elderly parents. The matter proceeded to sentence at Finley Local Court and the magistrate agreed with our submissions that no conviction should be recorded in this matter. Our client received a two year section 10 good behaviour bond.
Our client got to keep this licence.
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