Driving with a mid range prescribed concentration of alcohol is a serious offence, that carries a maximum penalty of imprisonment. To be charged with driving within the mid range, you must return a breath analysis of between 0.08 to 0.149.
After being charged, you will be issued an immediate suspension of your licence by police. This means you cannot drive until your matter is determined by the court. There is an option to appeal the police suspension earlier, however the suspension will only be lifted in exceptional circumstances.
The penalties for mid range drink driving are serious, and carry a maximum penalty of $3,300 and/or 9 months imprisonment for a first offence. The penalties increase if the offence is a second or subsequent offence.
Upon conviction, offenders will also be required to participate in the mandatory interlock program, unless an exception is granted by the court.
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|Maximum Fine||Maximum Imprisonment||Automatic Disqualification||Minimum Disqualification||Mandatory Interlock|
|First Offence||$2,200||9 months||6 months||3 months||12 months|
|Second or Subsequence Offence||$3,300||12 months||9 months||6 months||24 months|
Will I receive a criminal record?
Due to the prevalence of drink driving within our community, the most likely outcome for mid range drink driving is a criminal conviction, which will also result in a licence disqualification and the requirement to participate in the interlock program. If the offence is a second or subsequent offence, or if there are aggravating features, an offender is more likely to receive a penalty of imprisonment.
However, in rare circumstances a criminal conviction can be avoided. This will depend on an offender’s record, the seriousness of the offence, and the strength of the subjective case.
Will I lose my licence?
Upon conviction, an offender will have their licence disqualified for the automatic period. However, this period can be reduced at the magistrate’s discretion, but the period of disqualification cannot go below the minimum period prescribed by the legislation.
A first offence mid-range offence is also subject to the mandatory interlock order regime. This means if you are convicted of the offence, even for the first time, you will be disqualified for 3 or 6 months, and then ordered to go on to an interlock licence for at least 12 months. The court has a discretion to exempt you from the interlock order in appropriate circumstances.