What is the penalty for mid range drink driving?

What is the penalty for mid-range drink driving?

The penalties for mid-range drink driving in NSW depend on whether it is your first offence or a subsequent offence within the relevant five-year period.

First offence

For a first mid-range drink driving offence, the penalties include:

• Minimum licence disqualification of 6 months.
• Automatic licence disqualification of 12 months.
• Maximum fine of $2,200.
• Maximum term of imprisonment of 9 months.

If you are facing a first mid-range drink driving charge, there may be an opportunity to seek a Section 10 dismissal. Our experienced traffic lawyers have assisted clients facing mid-range drink driving charges, including matters where a Section 10 may be considered.

For more information, visit our page on mid-range drink driving.

Second or subsequent offence within 5 years

For a second or subsequent mid-range drink driving offence within a five-year period, the penalties include:

• Minimum licence disqualification of 12 months.
• Automatic licence disqualification of 3 years.
• Maximum fine of $3,300.
• Maximum term of imprisonment of 12 months.

A second or subsequent offence can make it more difficult to obtain a Section 10 dismissal. The court will consider your previous offences and the circumstances of your current charge when determining the appropriate outcome.

Can I get a Section 10 for mid-range drink driving?

Yes, it is possible to receive a Section 10 for a mid-range drink driving charge. A Section 10 dismissal may allow you to avoid a criminal conviction and, in certain circumstances, a licence disqualification.

However, a Section 10 is not guaranteed. The court will consider the circumstances of your offence, your personal history and any mitigating factors before deciding whether to grant one.

To strengthen your application, you may wish to provide:

• Character references addressing your prior good character.
• Evidence of your need for a driver’s licence.
• Information about your financial and personal circumstances.
• Completion of a Traffic Offenders Program, where appropriate.

The court may also consider the time you have already spent off the road, including any licence suspension imposed after your charge.

What should I expect as a penalty for mid-range drink driving?

The outcome of a mid-range drink driving charge depends on a range of factors. These may include:

• Your need for a driver’s licence.
• Your overall traffic record.
• Your criminal record.
• Your blood alcohol concentration (BAC).
• The circumstances in which you were apprehended.
• Whether you have previously received a Section 10 dismissal.
• Any other relevant personal or legal circumstances.

There is no fixed formula for obtaining a Section 10. Each case is assessed on its individual circumstances, and the Magistrate will determine the appropriate outcome.

If you are facing a mid-range drink driving charge, an experienced DUI Lawyer Sydney can help you understand the offence, potential penalties and legal options available to you.

Get advice from experienced traffic lawyers

At LY Lawyers, our traffic lawyers have experience representing clients charged with drink driving offences across Sydney courts.

For more information, including examples of mid-range drink driving matters, visit our page on mid-range PCA.

Call 1300 595 299 to speak with one of our experienced traffic lawyers about your drink driving charge and your options for protecting your licence.