In all NSW / VIC courts
Specialists in Criminal Law
Connect directly with us
High range drink driving, often known as driving with a high range prescribed concentration of alcohol, takes place when a driver or motorcycle rider is detected with a blood alcohol concentration (BAC) of at least 0.15 grams per 210 liters of breath or 100 milliliters of blood.
For individuals facing their first high-range drink driving offence, the maximum penalties for this charge consists of:
1. A potential prison sentence of up to 18 months.
2. There is an automatic disqualification period of 9 months, with the minimum being 6 months.
3. Following this, a 24-month interlock device requirement for your vehicle will be imposed.
4. A fine of $3,300.
For individuals facing their second high-range drink driving offence, the maximum penalties for this charge consists of:
1. A potential prison sentence of up to 2 years.
2. There is an automatic disqualification period of 5 years, with the minimum being 2 years.
3. A 48-month interlock device requirement for your vehicle will be imposed.
4. A fine of $5,500.
Various legal defences that apply to general criminal cases are also applicable to high range drink driving cases. These defences include:
1. Self-defence,
2. Duress, and
3. Necessity.
When you present evidence of a legal defence, the burden then shifts to the prosecution to prove, beyond a reasonable doubt, that the defence does not apply. If they fail to do so, you are entitled to an ‘acquittal,’ meaning a verdict of not guilty.
Since drink driving is considered a ‘strict liability offence,’ meaning the prosecution doesn’t need to prove a specific mental state like intention or recklessness, the defence of an ‘honest and reasonable mistake of fact’ is also available.
To establish this defence, you must convince the court, based on the balance of probabilities, that you genuinely believed you were not driving with a blood alcohol concentration above the legal limit, and that your belief was reasonable given the circumstances.
Earlier this month, our criminal defence lawyer, Ellyse Kwan, represented a client in court facing charges of assault
Recently, our Partner and Accredited Specialist, Paul Blake, appeared at Burwood Local Court for a bail application for
The advancement and sophistication of technology has generated contentious debate about whether robots can displace the jobs of
In 2020 alone, more than 200 Australian’s have collectively paid more than $1.3 million to watch live videos
Buried in the Commonwealth Criminal Code is the lesser-known offence of “Dishonestly cause a risk of loss to
The law in Australia, as in other common law countries, comes from two sources: legislation enacted by parliament
In Queensland, the sex work industry is pointed on the edge of a ground-breaking transformation as the government
The famous slap by Will Smith has been a hot topic of discussion, which exploded over social media
Introduction Brian Houston, founder of the Hillsong Church, was charged in August 2021 with an offence of concealing
Level 1, 370 Pitt St Sydney NSW
02 9267 5555
Level 4, 87 Marsden St, Parramatta NSW 2150
02 9267 5555
Suite 15, 49 Park Rd, Cabramatta NSW 2166
02 9267 5555
© 2024 KPT Legal. All rights reserved | Terms & Conditions | Sitemap | Privacy Policy
I have a legal issue…
I’m going to court for a criminal offence
I’m going to court for a traffic offence
I need a bail application
I need a prison visit
I need to appeal my case
Find my court case
Find a lawyer near me