High Range PCA begins at a blood alcohol concentration of 0.150 grams of alcohol per 100mls of blood. Section 110 (5) of the Road Transport Act 2013 states:
Offence-high range prescribed concentration of alcohol
A person must not, while there is present in his or her blood the high range prescribed concentration of alcohol:
- (a) drive a motor vehicle, or
- (b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
- (c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)-occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.
At this level, a driver is three times the 0.05 limit and is regarded as being seriously affected. Indeed, an offence of Aggravated Dangerous Driving pursuant to s.52A of the Crimes Act 1900 is constituted inter alia by a “circumstance of aggravation”. One of the meanings of a “circumstance of aggravation” is that the driver at fault, has the prescribed concentration of alcohol of 0.150 or above. The penalties for such offences are severe
In 2004 the Attorney General on behalf of the State Government applied to the Court of Criminal Appeal for a Guide-Line Judgment in respect of High Range Drink Driving.
The court gave a lengthy judgement the result of which has seen a far more severe approach by the Courts to offenders who commit such offence.
It is now, not uncommon to see second time offenders of High Range Drink Driving receive custodial type sentences and in some cases, full time gaol. Indeed there are occasions where even first time offenders have received custodial type sentences in circumstances where there are aggravating features in the course of such offenders coming under notice.
Penalties
Maximum Gaol Penalty: 18 months imprisonment (first offence); 2 years imprisonment (second or subsequent offence)
Maximum Fine: 30 penalty units (first offence); 50 penalty units (second and subsequent offence).
Disqualification: First Offence – Minimum 6 months; maximum 9 months. Second or subsequent offence – Minimum 9 months; maximum 12 months
Interlock: Mandatory Intelock order – First Offence – 24 months; Second or subsequent offence – 48 months.
Interlock Exemption Order: It is possible, that a court will make an exemption order if you can show the court that you don’t have access to a vehicle or that you have a medical condition diagnosed by a registered medical practitioner that prevents you from providing a sufficient breath sample to operate an interlock device. (s.212(3))
If you have been charged with this offence or need advice, call us now on 02 9687 3777 or email info@proctorlaw.com.au – Proctor & Associates – Accredited Specialists in Criminal Law.