Drink Driving Lawyers for Low Range Drink Driving


What is Low Range Drink Driving

Low Range Drink Driving is where you drive a motor vehicle with a blood alcohol concentration between 0.050 and 0.079.

If the court convicts you of ‘low range drink driving’, it must disqualify you from driving.

However, if you are ‘guilty’ and the court deals with you under ‘section 10’ (no conviction), you will not be disqualified.

1st Offence

The ‘automatic period of disqualification’ is 6 months if you have not been convicted of another ‘major traffic offence’ within the previous 5 years.

The Magistrate can reduce that disqualification period to a ‘minimum’ of 3 months.

The maximum fine is $1,100.00.

2nd or Subsequent Offence

If it is your 2nd or more ‘major traffic offence’ within 5 years, the ‘automatic period of disqualification’ is 12 months.

The Magistrate can reduce that disqualification period to a ‘minimum’ of 6 months.

The maximum fine is $2,200.00.

In either case, the Magistrate can choose to deal with the matter under ‘section 10’ ie without conviction, disqualification or fine.

Sentencing Statistics

The following are official sentencing statistics for Low Range Drink Driving NSW.

They are published by the Judicial Commission of NSW and current as at October 2011.

Number of Cases  28,382
 Section 10 Dismissal  7%
 Section 10 Bond  34%
 Section 10A (+ disqualification)  1%
 Fine (+ disqualification)  57%
 Community Service Order (+ disqualification)  <1%
 Suspended Sentence (+ disqualification)  0%
 Intensive Correction Order (+ disqualification)  0%
 Periodic Detention (no longer applicable)  0%
 Home Detention (+ disqualification)  0%
 Prison (+ disqualification)  0%

Related Cases

No Conviction for L Plater Charged With Low Range Drink Driving Police Withdraw Charges of Low Range Drink Driving and Wilfully Alter Alcohol Concentration Driver Avoids Conviction after case reduced from High Range to Low Range PCA No Conviction/Disqualification for 2nd Drink Driving offence within 5 years

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0.05 Alcohol Limit for Drink Driving: Has Australia Got it Right? Traffic Offences: Hot Spots for Getting Caught Should Interlock Devices be Fitted to All Vehicles? Should low-range drink drivers get criminal records? New Penalties for High Range Drink Driving are Nearly Here