What is the penalty for low range drink driving?
The maximum penalty for Low Range drink driving, if it is your first major traffic offence within 5 years, is a fine of $1,100.00 and a disqualification period of 6 months. The minimum disqualification period is 3 months unless the matter is dealt with pursuant to Section 10 of the Crimes (Sentencing Procedure) Act in which case you will not be disqualified from driving. Click here to find out more about section 10.
The concern for most drivers charged with a Low Range PCA offence is that they will lose their licence. Our experienced traffic lawyers have the skills and knowhow to prepare your case in a way that gives you the best chance of keeping your licence.
We are very confident that you have a good chance at receiving a Section 10 good behaviour bond, if it is your first major traffic offence.
Penalty where the offence is a second or subsequent major offence within 5 years
The maximum penalty for Low Range drink driving, if it is your second or subsequent major offence within 5 years, is a fine of $2,200.00 and an unlimited disqualification period. The minimum disqualification period is 6 months unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act in which case you will not be disqualified from driving. To find out more about a Section 10, click here.
Possible Defences to a Low Range drink driving offence
- Breath analysis not taken within two hours of driving – The police must prove that you had a blood alcohol concentration alleged at the time you were driving. The law requires that the breath analysis occurs within 2 hours of driving.
- The law prohibits the police from demanding a breath test of a driver at their home. Home includes any part of the property.
- You were not the driver. As with any criminal offence, the police must prove it was in fact you who committed the offence.
For more information, and case studies where we have represented previous clients, go to:
Drink Driving Penalties
As always, it is important to contact an experienced drink driving lawyer to ensure success in getting a Section 10 penalty for low range drink driving.
Call LY Lawyers on 1300 595 299 for a free consultation.