Mid Range Drink Driving

Charged with mid range drink driving?
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Driving with a middle-range prescribed concentration of alcohol is where you drive a motor vehicle with a blood alcohol concentration of between 0.080 and 0.149.

First Offence

A person found guilty of mid-range drink driving faces a fine of up to $2,200 for a first offence and/or a period of 9 months imprisonment. The person will receive an immediate licence suspension and may be disqualified from driving for up to 9 months.

Second or Subsequent Offences

A person found guilty of mid-range drink driving where the offence is a second or subsequent offence faces a fine of up to $3,300 and/or a period of imprisonment of up to 12 months. The person will receive an immediate licence suspension and may be disqualified from driving for up to 12 months.

Interlock Orders for Mid-Range Drink Driving

This program, generally, involved the installation of a device into your vehicle which will only start once a zero-blood alcohol reading is registered. The vehicle will not otherwise turn on. The device must be installed by an expert and must be maintained by the person.

If an interlock order is made, usually the person who the order relates to will be required to firstly serve a period of disqualification from driving, following which the device must be installed into their vehicle. A failure to install the device would mean the person is automatically disqualified for a period of 5 years. There is no avenue of appeal regarding this period of 5 years.

If the court convicts you of the offence, it must also disqualify you from driving. If you are convicted of this offence, you will be required to participate in the Mandatory Interlock Scheme.

Will I receive a Criminal Conviction for a Mid-Range Drink Driving Charge?

The concern for most drivers charged with a mid-range drink driving offence is that they will lose their licence. Our experienced traffic lawyers have the skills and knowhow to prepare your case in a way that gives you the best chance of keeping your licence.

The court, despite the above, has the option of dealing with your case under a section 10(1) of the Crimes (Sentencing Procedure) Act 1999 in which the court imposed a “conditional release order” (no conviction). This mean that you will not receive a criminal conviction, disqualification or a fine.

It is important to keep in mind, however, that Section 203 of the Road Transport Act 2013 states that a person can only receive one non-conviction order within a five-year period for a drink driving offence.

If you require legal advice and representation regarding your mid-range drink driving charge, contact us here.

Page Author: Saba Rezae - Traffic Lawyer Sydney

Saba Rezae is our Principal Lawyer and founder of Rezae & Co Lawyers who has practised exclusively in criminal and traffic law for several years. His exceptional results and ability to provide legal service at the highest standard saw him head-hunted by the largest specialist criminal law firms in NSW and was quickly promoted to Senior Lawyer before establishing his own practice.

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