High-range drink driving in NSW: what the charges mean, the mandatory interlock scheme, and how courts approach these cases
A high-range PCA charge in NSW means your blood alcohol concentration was 0.150 or above at the time you were breath tested or at the time a blood sample was taken. It is the most serious tier of the NSW drink driving framework and it carries the highest minimum disqualification periods, the most significant mandatory conditions on licence restoration, and the most direct path to a conviction that will appear on your criminal record. Despite years of enforcement campaigns, high-range drink driving detections remain a regular feature of NSW road policing, and the consequences that follow are substantial.
This article explains how high-range PCA charges work in practice – the legislation, the penalties, the mandatory alcohol interlock program, what courts look for when sentencing, and what legal options are available to someone who has been charged.
The offence and the tiers
The drink driving offences are found in Division 1.3 of the Road Transport Act 2013 (NSW). The prescribed concentration of alcohol (PCA) offences are divided into tiers: low range (0.050 to 0.079), mid range (0.080 to 0.149), and high range (0.150 or above). Learner, P1, and P2 licence holders are subject to a zero-alcohol threshold and are charged differently regardless of the reading recorded. High-range PCA is the most serious PCA offence, and where a person has no prior PCA offence the offence is dealt with in the Local Court with a maximum penalty of $3,300 (30 penalty units) and mandatory disqualification.
For a first high-range PCA offence, the minimum licence disqualification period is 6 months, with an automatic disqualification of 12 months that applies unless the court orders a different period within the permitted range. For a second or subsequent high-range offence, the minimum period increases substantially, and the matter may be dealt with as a more serious criminal offence with higher maximum penalties including the possibility of imprisonment in aggravated circumstances such as where a crash occurred or where a child was a passenger.
What happens at the roadside and at the police station
Police breath testing for alcohol begins with a roadside breath screening test – typically a quick test at a Random Breath Testing station or following a traffic stop. If the screening test is positive or indicates a reading above the threshold, the driver is required to accompany police to a police station or mobile testing unit for an evidential breath analysis on an approved breath analysis instrument. The result of the evidential analysis is the primary evidence that will be used in court.
Under the Road Transport Act, police may also require a person to provide a blood sample in certain circumstances – for example, where the person is hospitalised and cannot provide a breath sample, or where the person requires a blood test for medical reasons following a crash. A blood sample that is analysed and returns a reading above 0.150 constitutes the same high-range PCA offence as an evidential breath analysis above that level.
At the time of the evidential breath analysis, the driver is formally suspended from driving. The suspension takes effect immediately and the person is not permitted to drive until the court lifts it or the suspension expires. Driving while suspended is a further separate offence with significant penalties of its own.
The mandatory alcohol interlock program
NSW requires all people convicted of high-range PCA, and those convicted of certain other serious drink driving offences, to participate in the Mandatory Alcohol Interlock Program before receiving an unrestricted licence. Under the program, the convicted person must install an approved alcohol interlock device in their vehicle at their own cost. An interlock device requires the driver to provide a clean breath sample before the vehicle will start. If alcohol is detected above the very low threshold set for the device, the vehicle will not start.
For a first high-range PCA offence, the mandatory interlock period is 24 months following the end of the licence disqualification period. During the interlock period, the person holds an interlock driver licence and may only drive a vehicle fitted with an approved interlock device. Driving any other vehicle during the interlock period is an offence. The interlock device records all test results and those records are provided to Transport for NSW. Compliance with the interlock program is monitored, and non-compliance can result in extension of the interlock period.
Who can be exempt from the interlock program
Exemptions from the mandatory interlock program are available in limited circumstances. A person may apply to the court for an interlock exemption order on the grounds that they cannot reasonably be expected to comply with the program – for example, because they have a medical condition that prevents providing an oral breath sample, because their remote location makes installation impracticable, or because they face other specific barriers that would make compliance impossible or unreasonable. Exemptions are not routinely granted and require a formal application with supporting evidence. A person who is granted an exemption may instead face an extended disqualification period in lieu of the interlock period.
Sentencing considerations in high-range PCA matters
The Judicial Commission of NSW has extensive sentencing data on PCA offences. Courts regularly deal with high-range matters and the sentencing pattern is relatively well established. Key considerations in addition to the mandatory disqualification and interlock requirements include: the actual reading, with readings significantly above 0.150 generally attracting more serious responses than readings close to the threshold; whether the matter is a first or repeat offence; the personal circumstances of the accused and any genuine hardship arising from disqualification; evidence of steps taken after the event to address alcohol use, including counselling, treatment, or participation in assessment programs; character references; and the driving history of the accused including any prior traffic matters.
Courts are required by the legislation to consider the public safety objective of drink driving laws in sentencing. A well-prepared submission that demonstrates genuine acceptance of responsibility, genuine steps taken to address the underlying behaviour, and the particular personal circumstances of the accused can result in a significantly better outcome in terms of both the fine imposed and the approach taken to the disqualification period within the range available to the court.
The criminal record consequence
Many people charged with high-range PCA do not initially appreciate that a conviction is recorded on their criminal record, not just their traffic record. A criminal conviction for high-range PCA can affect employment – particularly in roles requiring a clear criminal record check – professional licensing, and applications to travel to some overseas countries. Considering whether a section 10 conditional release order without conviction might be available is worth exploring with legal advice, although in high-range PCA matters the strong public safety policy considerations mean that such outcomes are very rarely granted and are not realistic in most cases.
Contact Us
At National Criminal Lawyers, we advise on all PCA offences including high-range matters, the mandatory interlock program, sentencing submissions, and interlock exemption applications. Getting proper legal advice before your court date makes a genuine difference to outcomes. Call us at 1800 CRIM LAW for a free consultation. Help us help you understand your situation and get you the best outcome possible.
