High Range Drink Driving

Section 9 (4) of the Road Transport (Safety and Traffic Management) Act 1999 states:

A person must not, while there is present in his or her blood the high range prescribed concentration of alcohol:

1. drive a motor vehicle, or

2. occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or

3. if the person is the holder of a driver licence (other than a provisional licence or a learner licence issued under the Road Transport (Driver Licensing) Act 1998) - occupy the seat in a motor vehicle next to a holder of a learner licence who is driving the vehicle.

At lower range PCA offences,it may be that a court may accept that a person was not aware that they were over the prescribed limit.However, at the high range PCA it could rarely,if ever, be suggested that the person lacked the appreciation that he or she runs the risk of reaching a level of intoxication at which it is a criminal offence to drive a motor vehicle,at some point of time before the decision was made to get behind the wheel of a motor vehicle.

In high range PCA offences aspects of an offender’s driving can increase the moral culpability of the offender and aggravate the offence.Under the High Range PCA guideline (HRPCA) examples of matters which when absent, do not operate in mitigation include:

>> The fact that there was no accident resulting from the driving;

>> There was no observable sign of the effect of the intoxication on the manner of driving;

>> That the offender was detected at a random breath test.

However, the moral culpability of a high range PCA offender is increased by:

>> The degree of intoxication above 0.15;

>> Erratic or aggressive driving;

>> A collision between the vehicle and any other object;

>> Competitive driving or showing off;

>> The length of the journey at which others are exposed to risk;

>> The number of persons actually put at risk by the driving.

The automatic disqualification period will be appropriate unless there is a good reason to reduce the period of disqualification. Under the HRPCA a good reasons may include:

>> The nature of the offender’s employment;

>> The absence of any viable alternative transport;

>> Sickness or infirmity of the offender or another person.

High Range Drink Driving

Below is a table outlining the penalties that apply once a court decides to record a conviction against you for the offence.

If you have been charged with High Range Drink Driving, you need skilled legal assistance. Call LAC Lawyers today on 1300 799 888 for advice.