High Range Drink Driving (PCA)

Process for high range PCA charges

Police will first administer a roadside breath test. Normally you speak into the device first and this gives an indication of whether there is any alcohol present in your breath. If that test is positive then you’ll be required to blow into a tube attached to the same device. This gives police an indicative reading.

If that reading is above your limit you will be arrested for the purposes of a breath analysis. Breath analysis devices are located in police stations and also RBT buses that are sometimes used in large drink driving operations. The result obtained from blowing into this device is legally deemed to be your reading at the time that you were driving.

Once that test is completed you will given some paperwork and usually released from custody. Unlike offences of novice, special or low range PCA, police cannot issue a penalty notice for high range PCA.

Immediate licence suspension for high range drink driving

If you are issued with a court attendance for high range PCA you will usually also receive an immediate police suspension notice. If you hold a NSW licence that means it is immediately suspended and you cannot drive. If you hold an international or interstate licence it means the authority to drive within NSW is suspended.

The suspension is in place until your matter is finalised by a court. If you are considering an appeal against an immediate police suspension you can read more here. Appeals against immediate police suspensions are less likely to be successful than other types of licence appeals. This is because the legal test is much higher.

You need to prove to the court that there are exceptional circumstances why you should have your licence back. If your matter is going to be heard at court a successful appeal will only allow you to drive up until the matter is finalised at court. A court may still convict you and impose a period of disqualification following a successful appeal. If you do not appeal, then the court can take the period of suspension into account when setting a period of disqualification.

Court process for high range PCA

Unless a lawyer is appearing on your behalf you will need to attend court on the date listed on your court attendance notice. The first appearance at court for a high range PCA charge is a mention date. It will most likely be in a busy list with many other people. Everyone’s court attendance notice says 9.30am so you may be there quite some time.

At the mention date you can tell the court whether you would like to plead guilty, not guilty or seek an adjournment. If you plead guilty you may be able to be sentenced on the same day. This is usually not advisable unless you are well prepared. If you plead not guilty you will be allocated a hearing date several weeks away.

If you are considering pleading not guilty to a drink driving charge ensure you are aware of the defences to drink driving. You can also ask the court to adjourn your matter for a short time (usually two to four weeks) so that you can speak with a lawyer, obtain some references, and complete an approved traffic offenders program.

Interlock orders for high range PCA

If you are convicted of high range PCA you will serve an initial period of disqualification, followed by a period where you are subject to an interlock order. This means you can only drive a vehicle fitted with an interlock device. You can seek an exemption order however if this is granted you may be disqualified for a longer period of time.

Is high range PCA a criminal offence

High range PCA is a serious criminal offence and you will most likely receive a criminal conviction. A criminal conviction for high range drink driving will appear on your criminal record and in criminal background checks. There are generally only two ways in which you can a avoid a criminal conviction for high range driving.

You can plead not guilty and have the matter dismissed if you are successful, or you can persuade the court to deal with the matter by finding you guilty but not recording a conviction.

What is the likely penalty for high range PCA

Statistics for high range drink driving from the New South Wales Judicial Commission show that over a recent four year period over 98% of people charged with high range driving were convicted. High range PCA is viewed as a serious offence and avoiding a conviction is extremely rare.

Will I go to jail for high range PCA?

Over a recent four year period about 17% of drivers charged with high range drink driving received sentences of imprisonment. The majority of those sentences were suspended or served in the community as a supervised intensive corrections order. Where it was a second offence within a five year period over 56% were sentenced to some form of imprisonment.

Preparing for court

When determining your matter, the Magistrate will read the court attendance notice, police facts sheet, and any material you bring to court. They will also listen to anything that you or your lawyer wish to tell the court. These are called submissions. It is important to ensure that your matter is well prepared.

In a busy court there is only limited time for each matter. You need to be able to draw the courts attention to all the relevant considerations quickly. References need to be formatted, addressed and drafted correctly. It is also important that you complete a traffic offenders program.

Why choose Astor Legal

Astor Legal are led by an accredited specialist in criminal & traffic law which places us in the top 6% of lawyers in Australia. All of our lawyers are experienced in drink driving matters. We know the systems and processes. Our lawyers will work with you to prepare your matter and then represent you at court. Contact us today on (02) 7804 2823 or by emailing us at info@astorlegal.com.au.