High Range Drink Driving is where a person has a reading of 0.150 or more on breath analysis or blood analysis at the time of driving or at the time of attempting put a vehicle into motion whilst ocupying the driver’s seat.
A few years ago, the Court of Criminal Appeal handed down a Guideline Judgment for High Range Drink Driving to establish a ‘guideline’ for courts sentencing people for this offence.
Even for a first offender, the penalties can be severe and include the risk of imprisonment. The maximum fine is $3,300. Disqualification is for an automatic period of 3 years but can be reduced to not less than 12 months. However - there is a way however of getting your licence back after 6 months! Ask one of our drink driving lawyers who are criminal law specialists.
For a person facing their second or subsequent offence within 5 years (if you have a previous drink driving matter of any type or have been convicted of any major offence within the past 5 years) the penalties are even more severe. The potential period of imprisonment is increased. The potential fine is increased to $5,500. The automatic period of disqualification is 5 years but can be reduced to not less than 2 years. There is a way of getting your licence back after 12 months! Ask our specialists.
The Guideline Judgment sets our circumstances of the ordinary case – a set of factors common to most high range matters. We can advise you whether your factual circumstances fit within the ‘ordinary case’. If your matter is outside of the ‘ordinary case’, the Court will assess the moral culpability involved in the offence and impose penalty accordingly. The Court will look at the circumstances in which the offence occurred including whether there was an accident, irregular driving and take into account how far above 0.150 the reading was. The higher the reading, the higher the moral culpability.
In certain circumstances, the guideline provides for suggested sentences of community service orders or even suspended prison sentences as a minimum penalty.
We can advise you of the 3 circumstances that would, according to law, normally allow the Court to consider reducing the disqualification period from the automatic period to the minimum period. There may be other subjective and objective circumstances that will assist the court in determining a more lenient penalty.