You’ve been pulled over, blown over 0.15, and now you’re facing a high-range drink driving charge. It’s one of the most stressful situations a person can find themselves in, and the first question almost everyone asks is the same: Will I actually go to jail for this?
The short answer is that jail is possible for high-range drink driving in NSW, but it is not automatic, particularly for a first offence. What happens next depends on the specific facts of your case, your driving history, and crucially, how well you are represented in court.
This article explains what high-range drink driving is under NSW law, what the penalties are, and what factors a court will weigh up when deciding your sentence. If you have been charged, you should speak to an experienced drink driving lawyer as soon as possible.
What Is High Range Drink Driving in NSW?
In NSW, drink driving offences are graded by blood alcohol concentration (BAC). Under the Road Transport Act 2013 (NSW), a person commits a high range prescribed concentration of alcohol (PCA) offence when they drive with a BAC of 0.15 or above.
The three ranges for drink driving in NSW are:
- Low range PCA: BAC of 0.05 to 0.079
- Mid range PCA: BAC of 0.08 to 0.149
- High range PCA: BAC of 0.15 or above
High range is the most serious of the three standard drink driving categories. A BAC of 0.15 is three times the legal limit for a fully licensed driver, and courts treat it accordingly.
Good to know: Novice drivers (on an L or P plate) and professional drivers must have a zero BAC. A reading of any amount above zero for these drivers is a separate offence with its own penalties.
What Are the Penalties for High Range Drink Driving in NSW?
The maximum penalties under the Road Transport Act 2013 (NSW) depend on whether it is your first offence or a repeat offence. Here is an overview:
| Range | BAC Level | First Offence Max Penalty | Minimum Disqualification |
| Low range | 0.05–0.079 | $2,200 fine / no jail | 3 months |
| Mid range | 0.08–0.149 | $2,200 fine / 9 months jail | 6 months |
| High range | 0.15 and above | $3,300 fine / 18 months jail | 6 months |
| Repeat high range | 0.15 and above | $5,500 fine / 2 years jail | 12 months |
For a first offence of high range PCA, the maximum penalty is an $3,300 fine and/or 18 months imprisonment, with a minimum licence disqualification of 6 months. For a second or subsequent offence within five years, the maximum increases to a $5,500 fine and/or 2 years imprisonment, with a minimum disqualification of 12 months. You can find full penalty provisions at NSW Legislation.
Important: These are maximum penalties. The actual penalty imposed by a court will depend on the specific circumstances of your case. Many first offenders charged with high-range PCA do not receive a custodial sentence.
Will I Actually Go to Jail For A First Drink Driving Offence?
This is the question that keeps most people up at night, and the honest answer is: not necessarily. While high-range drink driving carries a maximum of 18 months imprisonment for a first offence, NSW courts have a range of sentencing options available to them, and full-time custody is generally reserved for more serious cases.
For a first offence, a court may instead impose:
- A fine
- A conditional release order (good behaviour bond), with or without a conviction recorded
- A community correction order (community service)
- An intensive correction order (served in the community under supervision)
- A section 10 dismissal, where the court dismisses the charge without recording a conviction at all
Good to know: A section 10 dismissal means no conviction is recorded on your criminal history. This can be a significant outcome if you rely on a clean record for employment or professional licences. Whether a section 10 is available depends on the circumstances, speak to a lawyer about whether it may apply in your case.
Full-time imprisonment for a first high-range drink driving offence is uncommon but not impossible. It becomes more likely where the BAC reading was extremely high (for example, 0.25 or above), where there was an accident or injury, where there were children in the vehicle, or where the offending was aggravated in some other way.
What Does a Court Consider When Sentencing for High-Range Drink Driving?
When sentencing for a high-range PCA offence, a NSW court will weigh up a range of factors both for and against the offender. Understanding these factors is one of the most important things your lawyer will help you with.
Factors that may increase the severity of your sentence:
- A very high BAC reading, the further above 0.15, the more serious
- A prior drink driving history or existing licence disqualification
- An accident, injury, or property damage caused while offending
- Children or vulnerable persons in the vehicle
- Driving in a school zone or other sensitive location
- Evading a breath test or failing to stop for police
Factors that may reduce the severity of your sentence
- No prior criminal or traffic history
- A genuine early guilty plea, which attracts a sentencing discount in NSW
- Evidence of remorse and insight into the offending
- Strong personal circumstances: employment, family responsibilities, health
- Completion of a traffic offenders program prior to sentencing
- Steps taken to address alcohol use, such as counselling or treatment
A skilled criminal lawyer will identify all mitigating factors and present them effectively to the court. The difference between a well-prepared plea and an unrepresented appearance can be significant.
Will I Lose My Licence For High-Range Drink Driving Offence?
Yes, a licence disqualification is mandatory for all high-range PCA convictions in NSW. For a first offence, the minimum disqualification period is 6 months. For a second or subsequent offence within five years, it is at least 12 months. The court has the discretion to impose a longer period depending on the circumstances.
In addition to disqualification, high-range drink drivers in NSW are required to complete the NSW Mandatory Alcohol Interlock Program before they can have their licence returned. The interlock is a device fitted to your vehicle that requires you to pass a breath test before the car will start. The mandatory interlock period for a first high-range offence is 24 months.
Important: If your licence is essential for your work, if you are a truck driver, tradesperson, or carer, this must be raised with your lawyer before your court appearance. Employment impact can be presented as a mitigating factor and may influence the outcome of your case.
What Can a Criminal Lawyer Do for a High-Range Drink Driving Charge?
Many people facing a high range drink driving charge assume the outcome is fixed, that the charge speaks for itself and there is nothing a lawyer can do. That is not the case.
An experienced drink driving lawyer can:
- Review the evidence and identify any procedural or evidentiary issues, for example, whether the breath test was properly administered, whether the equipment was correctly calibrated, or whether your rights were observed at the time of the test
- Advise you on whether to plead guilty or not guilty and at what stage, a timely guilty plea attracts a discount on sentence in NSW
- Prepare and present a thorough plea in mitigation, including character references, evidence of personal circumstances, and any steps taken to address the behaviour
- Make submissions for a section 10 dismissal or a conditional release order if the facts support it
- Argue for the minimum disqualification period where possible
The court cannot consider what it is not told. A lawyer’s job is to make sure the full picture, your circumstances, your remorse, your future, is put in front of the magistrate before any decision is made.
Frequently Asked Questions About High-Range Drink Driving
Can high-range drink driving charges be dropped or dismissed in NSW?
In limited circumstances, yes. If there are defects in the evidence, for example, if the breath analysis device was not properly calibrated or if the required procedures were not followed, a lawyer may be able to challenge the charge. A court can also dismiss a charge under Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) without recording a conviction, though this is at the court’s discretion and depends heavily on the facts.
What happens if I was involved in an accident while drunk driving?
If your high-range drink driving resulted in an accident, injury, or death, you may face additional charges beyond PCA, including dangerous driving or negligent driving causing death or grievous bodily harm. These are significantly more serious offences and carry much higher penalties. You should contact a criminal lawyer immediately.
Will a high-range drink driving conviction appear on my criminal record?
Yes, if a conviction is recorded. Traffic offences including drink driving appear on your NSW driving record and may also appear on a National Police Check, depending on the offence and sentence. A section 10 dismissal avoids a conviction being recorded. Your lawyer can advise on the record implications specific to your situation.
I blew over 0.15 but I didn’t feel drunk. Does that matter?
Subjective feeling is not a defence to a PCA charge. The offence is established by the BAC reading, not by whether you felt impaired. However, if you believe the reading was incorrect, your lawyer may be able to challenge the evidence of the breath analysis.
Do I need to appear in court for a high-range drink driving charge?
Yes. High range PCA in NSW is a criminal offence dealt with in the Local Court. Unlike some infringement notices, it cannot be paid as a fine without a court appearance. You are required to attend, and it is strongly recommended that you have a lawyer with you.
Charged with High Range Drink Driving? Talk To Our Sydney Criminal Lawyers
A high-range drink driving charge is serious, but it is not the end of the road. The outcome of your case will depend on how it is handled, and getting the right advice early makes a real difference.
Call our drink driving lawyers now on (02) 9261 4281 or email us at
