Charges
High-range drink driving (PCA 0.15+), first offence
Road Transport Act 2013 (NSW) s 110(5)
What is the maximum penalty for high-range drink driving in NSW?
Maximum penalty. 30 penalty units or imprisonment for 18 months or both (first offence). Second or subsequent offence: 50 penalty units or imprisonment for 2 years or both. The Judicial Commission Local Court Bench Book states the first-offence fine as $3,300 and imprisonment 18 months, with automatic disqualification 3 years and minimum disqualification 12 months.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
This is the most serious of the prescribed concentration of alcohol offences, covering driving, attempting to put a vehicle in motion from the driving seat, or supervising a learner driver with a reading of 0.15 or above. It is the reading itself that constitutes the offence, regardless of how the person was driving. A conviction carries automatic disqualification and, under the mandatory interlock scheme, an interlock condition on the licence.
How it is dealt with
Summarily. Road Transport Act 2013 s 200(1): proceedings for an offence against the road transport legislation are to be dealt with summarily before the Local Court or the Supreme Court in its summary jurisdiction.
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
Related charges
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