This article is not to be a substitute for advice as each case is different. For specific advice, speak to a drink driving lawyer from our Sydney office today.
43-year-old man allegedly drove with a BAC of nearly 7 times the lawful limit in Canberra.
It is reported that at about 7:30pm last Thursday, the 43-year-old man was seen by another motorist at an traffic intersection.
The witness observed the 43-year-old man behind the driving wheel slouched over the steering wheel, and occasionally on the incorrect side of the road while driving in the city.
As the witness followed the 43-year-old man, he continued providing police with updates before the police arrived and arrested the man.
Following arrest, the 43-year-old man returned a BAC reading of 0.331, noting the legal limit for full licence holders in ACT is 0.05.
Police eventually charged the man with high-range drink driving, amongst other traffic infringements including unregistered vehicle and uninsured vehicle.
Travis Mills, ACT Road Policing Inspector expressed his horrified concern that the man chose to drive regardless of his level of intoxication.
The inspector said, “This is not a case where someone has made a small miscalculation and chosen to drive, this is a deliberate, even foolhardy, decision that has put many lives at risk”.
Similarly in NSW, the legal limit to drive with alcohol is 0.05g for full licence holders. The high-range drink driving threshold is -.15g or more warranting heavy penalties and attracting the high-range drink driving guideline judgement.
What is the drink driving penalties for high-range in New South Wales? This depends on whether it is a first time or second (or subsequent) drink driving offence.
First time high range offenders will face up to 18-months prison and/or a fine of $3,300 with a conviction.
Second time high range offenders will face up to 24 months prison and/or $5,500 fine with conviction.
In addition, disqualification of your driver licence will also be imposed upon conviction. How long also depends on whether it is your first or second offence.
First time high range offenders will be disqualification for between 6 to 9 months and then required to comply with a minimum of 2 years interlock period.
Second time high range offenders will be disqualified for between 9 to 12 months and then required to comply with a minimum of 4 years interlock period.
The interlock period program is the period you are permitted to drive a motor vehicle in NSW provided certain conditions are complied with, including the condition to install an interlock device in the vehicle which prohibits the vehicle from starting unless it returns a negative alcohol reading after blowing into the device prior to trying to start the engine.