What is Mid Range Drink Driving?
Mid Range Drink Driving is where you drive a motor vehicle with a blood alcohol concentration between 0.080 and 0.149.
If the court convicts you of ‘mid 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 12 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 6 months.
There is a maximum prison sentence of 9 months and/or a fine of up to $2,200.00.
2nd or Subsequent Offence
The maximum period of disqualification for mid range drink driving is 9 months if it is your second or more major traffic offence within the previous five years.
The Magistrate can reduce this to a minimum of 6 months off the road.
The Court must also order that you undertake a mandatory interlock program for a period of 2 years upon completion of the disqualification period.
This means you will need to have a device fitted to your vehicle which requires you to undertake a breath test before it can be started.
However, there are certain situations where drivers may be exempt from undertake the interlock program eg if they have no access to a vehicle, or if a medical condition prevents the driver from using the device.
In that case, the automatic period of disqualification is 3 years, which can be reduced to a minimum of 12 months.
There is a maximum prison sentence of up to 12 months and/or a fine of up to $3,300.00.
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 Mid Range Drink Driving NSW.
They are published by the Judicial Commission of NSW.
|Number of Cases||42,638|
|Section 10 Dismissal||1%|
|Section 10 Bond||14%|
|Section 10A (+ disqualification)||0%|
|Fine (+ disqualification)||66%|
|Section 9 bond ( +disqualification)||13%|
|Community Service Order (+ disqualification)||0%|
|Suspended Sentence (+ disqualification)||0%|
|Periodic Detention (no longer applicable)||0%|
|Home Detention (+ disqualification)||0%|
|Prison (+ disqualification)||0%|