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Driving with a Middle-Range Prescribed Concentration of Alcohol

Driving with a Middle-Range Prescribed Concentration of Alcohol is also known as Mid-Range Drink Driving and is an offence under Section 110 of the Road Transport Act 2013 (NSW).

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You drove a motor vehicle, and
  2. You had a blood alcohol concentration of at least 0.08 and no more than 0.149 at the time of driving

If it is your first major traffic offence in the past 5 years the maximum penalty is:

  1. 9 months in prison
  2. A 6 month licence disqualification which can be reduced to 3 months, followed by
  3. A 12 month period during which you must have an interlock device installed to your vehicle, and
  4. A fine of $2,200

Alternatively, the court can ‘exempt’ you from the interlock requirement and impose:

  1. 9 months in prison
  2. A 12 month licence disqualification which can be reduced to 6 months, and
  3. A fine of $2,200

If it is your second or more major traffic offence in the past 5 years, the maximum penalty is:

  1. 12 months in prison
  2. A 9 month licence disqualification which can be reduced to 6 months, Followed by
  3. A 24 month period during which you must have an interlock device installed to your vehicle, and
  4. A fine of $3,300

Alternatively, the court can ‘exempt’ you from the interlock requirement and impose:

  1. 12 months in prison
  2. A 3 year licence disqualification which can be reduced to 12 months, and
  3. A fine of $3,300

However, there will be no criminal record, licence disqualification or fine where the court deals with you by way of:

  1. A Section 10(1)(a) dismissal, or
  2. A Conditional release order without a conviction

A defence to the charge is that you made an ‘honest and reasonable mistake of fact’ which means you honestly believed on reasonable grounds that you were not driving with a prescribed concentration of alcohol.

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