What is Mid Range Drink Driving?
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.
If the court convicts you of the offence, it must disqualify you from driving.
It may also order that you comply with the alcohol interlock program, which means to install a device into your vehicle which you must blow into before your car will start, for a period of time after you have served the minimum applicable period of disqualification.
However, the court also has the option of dealing with your case under a ‘section 10 dismissal or conditional release order‘ (no conviction), which means you will not not receive a criminal conviction, disqualification or a fine.
1st Offence
If mid-range drink driving is your first major traffic offence within the past 5 years, the maximum penalties are:
- Up to 9 months in prison
- 6 month driver licence disqualification which can be reduced to 3 months, followed by
- 12 months during which you must have an interlock device installed to your vehicle, and
- Fine of $2,200
Alternatively, the court can ‘exempt’ you from the interlock requirement and impose maximum penalties of:
- Up to 9 months in prison
- 12 month licence disqualification which can be reduced to 6 months, and
- Fine of $2,200.
2nd or Subsequent Offence
If it is your second or more major traffic offence in the past 5 years the maximum penalties are:
- Up to 12 months in prison
- 9 month licence disqualification which can be reduced to 6 months, followed by
- 24 months during which you must have an interlock device installed to your vehicle, and
- Fine of $3,300
Alternatively, the court can ‘exempt’ you from the interlock requirement and impose maximum penalties of:
- Up to 12 months in prison
- 3 year licence disqualification which can be reduced to 12 months, and
- Fine of $3,300
But whether it is your first, or second or more, major traffic offence within the past 5 years, there will be no criminal record, licence disqualification or fine where the court deals with you by way of a section 10(1)(a) dismissal, or conditional release order without a conviction – which you may seek unless you have received a non-conviction order for a major traffic offence in the previous 5 years.
Penalties Imposed by the Courts for Mid Range Drink Driving in NSW
The court will consider a range of factors when determining the penalty for a mid range drink driving offence in New South Wales, including:
- Whether it is your first or your second or subsequent major traffic offence within the past 5 years,
- Your actual blood alcohol reading,
- The circumstances of the offence,
- Your demonstrated remorse, including your completion of a traffic offender program, your letter of apology to the court and character references written in your support,
- The factors leading up to and contributing to the offence,
- The impact of a licence disqualification, and
- Any criminal or traffic record you may have.
The most common penalties imposed for mid range drink driving cases that come before the courts in New South Wales are:
- A fine plus disqualification from driving, followed by
- A conditional release order without conviction, which comes with a good behaviour bond but not a disqualification from driving, followed by
- A section 10 dismissal, which does not involve a good behaviour bond, disqualification or fine, but has only been applied in a small number of cases.
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