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.
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.
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|Periodic Detention (no longer applicable)||0%|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%|