Charged with high-range PCA in NSW.

The legislative source.

"High-range" is 0.15 grams or more of alcohol in 210 litres of breath, or in 100 millilitres of blood (s 108 definitions). There is no upper limit; readings of 0.20, 0.25 or higher are not uncommon and put the matter into the more serious sentencing band.

High-range PCA is dealt with summarily in the Local Court, with a jurisdictional limit of 2 years imprisonment per offence. The court must make a mandatory interlock order on conviction unless an interlock exemption order is made under s 212.

Penalties and likely outcomes.

First offence.

Maximum penalty 30 penalty units ($3,300) and/or 18 months imprisonment. Automatic disqualification 3 years, minimum 12 months. With a mandatory interlock order, initial disqualification 6 to 9 months, interlock period 24 months.

What the magistrates actually impose.

The high-range PCA guideline judgment (Application by the Attorney-General under section 37 of the Crimes (Sentencing Procedure) Act 1999 (No 3 of 2002) (2004) 61 NSWLR 305) sets out the sentencing approach. For a first high-range PCA on a plea, the realistic target is a CRO with conviction or a fine, the reduced initial disqualification, and the interlock period. Section 10 is rare; it requires a reading at the low end (0.15 to 0.17), exceptional subjective material, and TOIP completion. ICO is on the table where there are aggravating features (accident, passenger, evading police, very high reading).

Second offence.

Maximum penalty 50 penalty units ($5,500) and/or 2 years imprisonment. Automatic disqualification 5 years, minimum 2 years. With interlock, initial disqualification 9 to 12 months, interlock period 48 months. ICO is the realistic ceiling on a plea with a strong subjective case; full-time custody is on the table for readings over 0.20 or where there is a third or subsequent offence.

Defences and arguments worth running.

The procedural defences are the standard set: the two-hour rule and the home rule under Schedule 3, continuity of the breath sample, calibration of the analysing instrument, and the proper administration of the test.

Reading challenge.

Where the reading is at the lower end of the high-range band (0.15 to 0.18), a pharmacology expert can give evidence on the margin of error of the analysing instrument and the partition ratio between breath and blood. In a small number of matters this brings the reading below the threshold and the charge is downgraded to mid-range.

Time of driving versus time of analysis.

The reading at the police station is taken some time after the driving. Where there is a temporal gap and the consumption pattern supports it, evidence about the relationship between time of driving and time of analysis can be relevant.

What we do for clients facing this charge.

The first decision is whether to plead. The increased exposure (and the long interlock period) changes the calculus from the lower bands. Where there is a viable procedural defect on the brief, the defended hearing is run.

If you plead.

The objective is to avoid full-time custody, minimise the initial disqualification, and avoid the additional consequences (insurance, employment, accreditations). That requires a thorough subjective case: character references from two or three reliable sources, treating doctor's letter where relevant, evidence of remediation (TOIP, AOD counselling), and a sentencing submission framed against the high-range PCA guideline judgment.

If you defend.

The brief is analysed against the procedural framework. Calibration records and protocols are subpoenaed. Defended hearings on high-range PCA are uncommon but produce acquittals at a meaningful rate where the procedural defect is real.

What we tell clients on the first call.

The practical detail below is not legal advice for your matter. It is the version of the conversation the firm typically has with a client charged with high-range PCA in the first hour.

What evidence police usually rely on.

The breath-analysis reading at the police station, the certificate of analysis, and the officer's witness statement. The fact sheet is the source the prosecutor reads from at sentence. Mistakes in the two-hour rule or the home rule sometimes show up in those papers.

What to bring to the first consultation.

• The Court Attendance Notice (or charge sheet) and any bail papers.
• Anything police gave you in writing — fact sheet, certificate of analysis, search warrant copy, property seizure record.
• A short written timeline of the day, in your own words.
• Your driver licence and a list of current driving record points; a written timeline of the time you started and stopped drinking, and the time of the test.

Common mistakes in the first twenty-four hours.

• Talking to anyone other than your lawyer about the matter. Friends, family, co-accused and social media are not privileged.
• Deleting messages, photographs, posts or browser history. The trail left by deletion is often more damaging than what was there.
• Contacting the complainant or any prosecution witness, even through a third party.
• Discussing what you drank with anyone other than your lawyer. The fact sheet will pull from anything the officer heard.

What not to say to police without advice.

You must give your name and address. You do not have to answer anything else, and in most cases you should not. The standard answer is: “I do not wish to answer questions. I want to speak to my lawyer.” Section 89 of the Evidence Act 1995 (NSW) protects silence; the narrow section 89A exception applies only on indictable matters and only where a special caution has been given in the presence of an Australian lawyer.

The timeline you can expect.

From charge to first court appearance is typically two to six weeks in the Local Court and longer where the matter is indictable. The brief of evidence is served by the prosecutor on a date set at the first mention. From service of the brief to first reply is typically twenty-eight days. Defended hearings and committals are then listed weeks or months out depending on the court list.

When an early plea may or may not be appropriate.

An early plea attracts a sentencing discount of up to twenty-five per cent if entered at the first available opportunity, but it locks in a conviction. The firm does not advise an early plea before the brief is served and read. On a low or mid-range first-offence reading with strong character, a section 10 application is the realistic best outcome on the facts on the facts; an early plea preserves the maximum discount. On a high-range reading or a second offence, the section 10 path is narrow and the case for holding the plea is stronger.

Court-specific notes.

If the matter is listed at the Downing Centre, Parramatta, Penrith, Burwood, Manly, Newtown, Waverley, Hornsby or Sutherland Local Court, the firm appears in person. Wollongong Local Court matters are run from the firm's Wollongong office. ACT Magistrates Court and ACT Supreme Court matters are run from chambers; the firm appears in person at all ACT mentions.

Recent outcomes · high-range PCA matters.

Anonymised outcomes from the firm's matter set. Names, dates beyond the year, and identifying details have been altered or omitted to preserve client confidentiality. Each result was determined on the particular facts and is not a guarantee of any future outcome.

Frequently asked.