Drink driving offences aren’t all treated the same in Sydney courts. The law recognises that there’s different levels of risk involved between low-range, mid-range and high-range offences.
The seriousness of the offence is often the starting point for magistrates when deciding what types of penalties are appropriate. The magistrate also considers the person’s personal circumstances. Weighing up those factors leads the magistrate to the sentence they think is fair.
Understanding where your case sits in terms of seriousness and how courts view low-range compared to mid-range compared to high-range matters is a good starting point for understanding what to expect and preparing for court.
For many of our clients, this will be their first time going to court. We understand that it can be hard to know what to expect. There’s also a lot of misinformation around, which makes things even more confusing.
That’s why we always give our clients honest and realistic guidance of likely outcomes, right from the first conversation. Our drink driving lawyers in Sydney can explain the process and guide you through the next steps.
The legal definitions of low-range, mid range and high-range PCA
In New South Wales, drink driving offences are divided into ranges based on BAC:
- A low-range PCA offence applies when a driver records a BAC between 0.05 and 0.079.
- A mid-range PCA offence applies when a driver records a BAC between 0.08 and 0.149
- A high-range PCA offence applies when a driver records a BAC of 0.150 or above.
These categories are important because they set what types of penalties the magistrate can impose. Each category has a different maximum penalty – the higher categories allow the magistrates to impose higher fines, longer licence disqualifications and longer imprisonment periods.
In general, the higher a person’s BAC reading is will mean the more seriously the magistrate views the offence. However, that doesn’t mean the magistrate ignores your side of the story. We still have the opportunity to present the factors that are unique to you.
Understanding what happens when you plead guilty to drink driving helps explain why outcomes vary even within the same BAC range.
What type of penalties can I expect?
There are patterns in the types of penalties imposed by Sydney courts for PCA offences.
For low-range offences we have a higher chance of achieving outcomes on the more lenient end of the scale.
In many low-range PCA cases it’s possible to achieve a non-conviction order (also known as a ‘section 10’). This is where the magistrate finds the person guilty and places the offence on their record, but does not attach a conviction. If the magistrate makes this order then there is no fine and the person’s licence is reinstated without disqualification.
If the magistrate feels a conviction is necessary, the most usual sentence for a low-range offence include fines, licence disqualifications and sometimes interlock orders.
High-range penalties on the other hand tend to be tougher. The NSW Court of Criminal Appeal has issued a Guideline Judgment for high-range PCA offences. The judgement provides guidance for magistrates when sentencing these offences.
As a starting point the courts will not usually consider a ‘non-conviction’ order for a high-range offence, except in very rare cases. This is because the offence is viewed as too serious and the Guideline Judgment says a conviction should normally be imposed.
For a typical high-range offence the usual starting point is a conviction, a fine and the interlock program.
The magistrate will consider more serious penalties where there are aggravating factors (such as a very high reading, prior offences, or a collision or bad driving). Penalties can include good behaviour bonds, community service work and home detention. In very serious cases the outcome can be imprisonment.
Just because magistrates view high-range offences seriously, doesn’t mean they ignore your personal circumstances. The magistrate will still consider things like your remorse, your family situation, your employment, anything you’ve done to fix the situation and the impact on you when deciding the sentence.
Mid-range penalties fall in the middle. They can range from non-convictions in lower level cases all the way up to imprisonment for more serious examples. In most typical cases, the outcome is normally fines, licence disqualification and interlock. Again, the magistrate will be balancing how serious the offence is with any personal factors in your favour.
How can I improve my outcome
Careful preparation is the key to getting the best results at court.
There are many things you can do to put your best case forward. Some examples include:
- Doing a Traffic Offenders Program.
- Preparing a letter to the court conveying your remorse.
- Bringing evidence to prove how a conviction will impact you, e.g. a letter from your employer explaining why you need to drive for work or proof of how the conviction will impact your employment or travel.
- Obtaining character references to help the magistrate understand who you are.
- Addressing any factors that may have contributed to the offence, for example counselling.
When you have a lawyer working on your case we will help you identify what programs and evidence will help. We will also guide you through the preparation and help make sure everything is right for court.
The second important factor in getting the best result is how your case is presented in court. It’s important to understand how the court hearing will run and be ready to answer the magistrate’s questions.
If you have a lawyer representing you, they will speak on your behalf at court. This is helpful to make sure the most beneficial information is presented on your behalf.
Preparing and presenting your case well usually means better outcomes, lower penalties and getting your licence back sooner.
FAQs
What’s the main difference between low-range and high-range drink driving?
The core difference lies in the BAC reading. Low-range refers to 0.05 to 0.079 for fully licensed drivers, while high-range applies to 0.15 or above.
This difference matters because it changes the penalties available to the court and how seriously the magistrate will view the offence.
Will I lose my licence for a low-range offence?
You can lose your licence for a low-range offence, but not always.
Importantly, there are things we can do to increase the chance of keeping your licence or getting it back sooner. The best thing to do is speak with one of our traffic lawyers to find out what’s possible in your case.
Can I challenge a high-range reading in court?
It is possible but not easy. Challenging a BAC reading usually requires expert evidence and a clear memory of exactly what alcohol you drank and when.
If you think the reading could be incorrect, it’s important to speak with a traffic lawyer about your options.
Do low-range offences always result in a criminal record?
Not always.
Courts are often willing to grant non-convictions (section 10s) for low-range PCA offences. Whether this happens depends on factors like driving history, character references, remorse and proactive steps taken after the offence.
Is there a way to shorten a drink driving disqualification?
There are two main ways to get your licence back sooner:
- If the magistrate grants a non-conviction, then your licence is usually reinstated immediately.
- If the magistrate does convict you then they must impose a disqualification. However, they still have discretion about how long the disqualification period should be. Presenting a strong case in court helps to convince the magistrate to keep that period as short as possible. It’s important to remember that the legislation sets out minimum disqualification lengths for each type of offence. Our goal is always to keep the disqualification as close to the minimum period as possible, and in most cases we succeed in getting the minimum disqualification.
If you’re facing a charge and want guidance that’s practical and approachable, Ainsley Law is here to help. The team takes the time to explain options clearly and support clients every step of the way. Visit Ainsley Law today to move forward with confidence and expert advice.
Please call us today at 0416 224 601 or leave an enquiry.
