High Range Drink Driving: BAC Thresholds, NSW Laws, And Driver Penalties

What Is High Range Drink Driving?

High range drink driving in Australia generally refers to driving with a high BAC. In NSW, the term used in charges is ‘High Range PCA’ which focuses on the prescribed concentration of alcohol in your breath or blood, rather than how you appeared to police. The legal threshold and the penalties for a high range PCA are set out in NSW Legislation and government policy material.

What Is The BAC Level For High Range Drink Driving In NSW?

In NSW, high range PCA applies at a BAC of 0.15 or higher. This sits above the mid-range PCA category of 0.08-0.149 and the low-range PCA of 0.05-0.079. Novice and special-range limits apply to learners, provisional drivers and certain categories of drivers.

What Is High Range PCA In NSW?

A PCA charge alleges your alcohol level measured by an approved instrument, was at or above a legal threshold within a defined testing period. For high range PCA, police typically rely on the breath analysis results obtained at a police station or mobile RBT Bus after a positive roadside test. The offence provisions appear in section 110 of the Road Transport Act 2013.

NSW uses the PCA framework rather than requiring proof you were visibly affected. In practice, the prosecution points to the breath analysis certificates and the steps police took under schedule 3, which regulates when and how tests and analysis occur, including the two-hour time limit from the driving incident.

What Are The Penalties For High Range Drink Driving?

Courts look at the breath analysis reading, driving manner, any collisions or risks created, your traffic records, rehabilitation steps, and the broader need for deterrents. For high range offences, penalties escalate quickly and interlock applies in most cases unless a court makes an exemption in which case the disqualification is longer

What Is The Penalty For High Range Drink Driving In NSW?

The NSW government publishes current maximums and related consequences for high range PCA, including fines, imprisonment, disqualification and immediate suspension. The figures below summarise those settings.

What Is The Fine For High Range Drink Driving?

Fines are within the court’s discretion up to the current maximums. The court can also impose court costs and other orders. For a high range offence, the NSW outlines a maximum fine of $3,300 for a first offence and $5,500 for a second or subsequent offence, alongside other penalties.

What Is The Penalty For A First Offence?

A first high range PCA is still treated as very serious. Outcomes range from a conviction with a fine, an interlock to a short term of imprisonment for more aggravated conduct. Courts often impose an interlock order, rather than a straight disqualification because parliament has made interlock mandatory for designated offences. Minimum disqualifications and interlock terms are set by law.

If the court grants an interlock exemption, the disqualification periods are significantly longer than the minimum disqualification under an interlock order. The decision structure is set in section 211 and related interlock provisions.

What Are The Penalties For Subsequent Offences?

Repeat high range drink driving attracts steeper punishment. For a subsequent high range PCA, the court faces higher maximum fines, a longer minimum disqualification before any interlock licence, and a mandatory interlock participation period that commonly runs to 48 months. Imprisonment becomes more likely, particularly where aggravating features exist such as crash harm, very high readings, or poor compliance. Police can impose immediate suspension, and the court can order vehicle sanctions in repeat, high risk scenarios. Breaches of interlock conditions can extend participation or lead to further offences. Rehabilitation steps help but do not remove the mandatory orders.

Will I Go To Jail For High Range Drink Driving?

Imprisonment is possible for high range drink driving in NSW. It becomes more likely where there are aggravating features such as a crash with injury, a very high reading, dangerous driving, prior similar offences within five years, or breaches of previous court orders. For a first offence without aggravating facts, many cases resolve without full time custody, using fines, community based orders, disqualification, and a mandatory interlock order. Sentences are individualised. The court must apply the purposes of sentencing and weigh deterrence, community protection, denunciation, and rehabilitation against the facts. The published maximums for high range PCA are 18 months for a first offence and two years for a subsequent offence. Early legal advice and rehabilitation can influence outcome.

Is High Range Drink Driving A Criminal Record?

Yes, if you are convicted in court. A high range PCA conviction is a criminal conviction and will appear on your criminal record as well as your traffic history. It can also be disclosed on a National Police Check and may affect employment screening or visa applications. The licence disqualification and any interlock order are recorded separately on your driver record. If the court deals with you without recording a conviction, for example a Conditional Release Order without conviction, there is no criminal conviction, although the incident may still be noted on a traffic record. NSW spent conviction rules may limit disclosure after a crime free period, subject to exclusions. Seek advice about disclosure and checks.

Will I Have To Go To Court For A High Range Drink Driving Charge?

Yes. High range PCA is prosecuted in the Local Court. You will receive a Court Attendance Notice with a first mention date, and police can issue an immediate licence suspension. Do not drive unless a court lawfully lifts that suspension. At the first mention, you or your lawyer can seek an adjournment, obtain and review the brief of evidence, and request disclosure such as body worn video, breath analysis certificates, calibration and procedure records. If you plead guilty, the court may sentence that day or adjourn for a sentencing report or program. If you plead not guilty, the court sets directions for statements, witness notices and subpoenas, then lists a defended hearing. Timing depends on service of the brief and any technical issues raised.

What Happens If I Am Charged With High Range Drink Driving?

Typical early steps include:

• Immediate police suspension of your licence
• Seizure or surrender of your physical licence card
• Service of a Court Attendance Notice with the hearing date
• Breath analysis certificate and related statements forming part of the police brief

NSW sets these processes through legislation and government policy.

Can You Get A Work Licence On High Range Drink Driving?

Not in NSW. There is no restricted or hardship work licence scheme that allows you to keep driving for employment during a drink driving disqualification. That option exists in some other states for certain offences, but it is not available here. If you are convicted of high range PCA, expect a period of disqualification followed by mandatory interlock if eligible. Once you are authorised to participate in the interlock program and hold a valid licence, you may drive only an approved, interlock-equipped vehicle. That is not a work licence and it does not create exceptions for employer needs, shift work, or essential travel. Plan for alternative transport and speak with your employer early.

Can You Get A Section 10 For High Range Drink Driving?

A non-conviction outcome is possible in law, but it is uncommon for high range matters and requires exceptional circumstances. Courts may consider a section 10 dismissal or a Conditional Release Order without conviction where risk to the community is low, moral culpability is reduced, and rehabilitation is strong and well documented. Helpful material includes early counselling, clean tests, character references, verified work impact, and a detailed apology. Even then, the higher the reading and the greater the objective risk, the harder it is to justify leniency. Most high range cases result in conviction, disqualification, a fine or community-based order, and mandatory interlock. There is never a guarantee, so obtain advice before entering a plea.

Can I Plead Not Guilty To A High Range PCA?

Yes, if there is a factual or legal basis. Common issues include identity of the driver, timing of driving, and compliance with statutory testing procedures such as the two hour window from the driving event. Defence practitioners examine body worn video, station footage, breath analysis certificates, calibration and maintenance records, operator accreditation, and whether directions and waiting periods were followed. They may raise last drink or rising alcohol arguments, or seek exclusion of evidence for improper procedure under the Evidence Act. Early requests for disclosure, prompt preservation of CCTV, and independent witness statements are crucial. If key steps under Schedule 3 are not complied with, the court can reject the analysis or give it less weight. Get advice early.

High Range Drink Driving Case Studies

Every case turns on its facts, but patterns emerge. A first offender with a reading just into high range, no crash, strong rehabilitation, and stable work history might receive conviction, disqualification, a fine or community-based order, and mandatory interlock. A subsequent offender or a case with aggravating features such as a collision, very high reading, or poor compliance is more likely to attract a heavier penalty and a real risk of custody. Where technical or evidentiary issues are identified early, outcomes can change meaningfully. Examples include exclusion of a flawed breath analysis, proof that driving occurred outside the testing window, or a negotiated plea to alternative charges. Timely legal advice, verified mitigation, and a disciplined evidence plan influence results.

What Happens To My Licence When I Am Caught Drinking Driving?

Police can suspend your licence immediately after a high range PCA. That suspension stays in place until the court finalises the matter or a lawful change occurs, such as an appeal. Do not drive while suspended. If convicted, the court will disqualify you and make a mandatory interlock order unless exempt.
After disqualification, you must reapply for a licence and, if subject to interlock, you may drive an interlock equipped vehicle. You must meet participation, servicing, and zero BAC conditions. Breaches can extend participation or create further offences. Get timely legal advice about suspension options, interlock eligibility, and next steps.

Possible Defences To A High Range PCA Offence

Defences are fact specific. Some examples include:

• Identity or driving. You were not driving, or the prosecution cannot prove you drove on a road or road related area.
• Testing window. Breath test or breath analysis occurred outside the statutory two hour period.
• Procedure and admissibility. Non-compliance with Schedule 3 requirements or problems with the approved instrument can justify exclusion.
• Necessity or duress. Rare and tightly assessed.
• Evidentiary challenges. Issues with continuity, certificate proof, or reliability of the reading.

Early review of the brief is critical to identify what is viable in your matter.