The most serious PCA category in New South Wales — understand the penalties, jail risk, mandatory interlock rules, and what genuinely helps at sentencing.
High Range PCA is the most serious alcohol-reading offence in the NSW drink driving hierarchy, charged under section 110(5) of the Road Transport Act 2013. It applies to any breath or blood alcohol reading of 0.15 or above, with no statutory upper limit.
Courts treat High Range PCA as inherently dangerous conduct. Even a first offence carries a real risk of imprisonment, an automatic 3-year disqualification, and a mandatory alcohol interlock order.
Police may confiscate your licence at the roadside and issue you a Court Attendance Notice. You are not permitted to drive at all until your court date — there is no on-the-spot 3-month suspension option as there is for lower ranges.
| 1st Offence | 2nd+ Offence (5 yrs) | |
|---|---|---|
| Max fine | $3,300 (30 penalty units) | $5,500 (50 penalty units) |
| Max imprisonment | 18 months | 2 years |
| Automatic disqualification | 3 years | 5 years |
| Minimum disqualification | 12 months | 2 years |
| Min. disqualification with interlock | 6 months | 9 months |
| Minimum interlock period | 24 months | 48 months |
Because a High Range reading is treated as objectively serious regardless of circumstances, courts pay close attention to factors that can still move the outcome within the available range, including:
A well-prepared, evidence-backed submission remains valuable even where a Section 10 is unlikely — it can influence whether the court imposes a custodial sentence, sets a shorter disqualification within the available range, or accepts a non-custodial alternative such as an Intensive Correction Order or Community Correction Order.
With imprisonment genuinely on the table, a thorough, evidence-backed submission is critical. We help you build the strongest possible case for a non-custodial outcome.
High Range PCA applies to a breath or blood alcohol reading of 0.15 or above — there is no upper limit. It is charged under section 110(5) of the Road Transport Act 2013 and is treated by NSW courts as one of the most serious drink driving categories short of a fatal or injury crash.
Imprisonment is possible but not automatic. The maximum penalty for a first offence is 18 months imprisonment and/or a $3,300 fine, rising to 2 years and/or $5,500 for a second or subsequent offence. Most first-time offenders without aggravating factors (e.g. a crash, extremely high reading, or prior record) do not receive a custodial sentence, but it remains a real risk that increases with your reading and history.
It is possible in theory but very rare in practice. A NSW Court of Criminal Appeal guideline judgment says a Section 10 is rarely appropriate for an ordinary High Range PCA offence. Any application needs strong, well-documented material addressing the section 10(3) factors.
Police may confiscate your licence on the spot when charging you with High Range PCA. You cannot drive at all until your court date. Under section 206B of the Road Transport Act, the court must take into account any period of immediate suspension already served when it sets your disqualification.
Yes, for every High Range PCA conviction — first offence or repeat — unless the court makes an interlock exemption order. The minimum interlock period is 24 months for a first offence and 48 months for a second or subsequent offence.
You can appeal to the Local Court within 28 days of the suspension, but the court will only overturn it if there are “exceptional circumstances” under section 268(5) of the Road Transport Act — this is a high bar and appeals rarely succeed.