What is the penalty for mid range drink driving?
If it is your first offence, the penalties are:
- Minimum licence disqualification of 6 months
- Automatic licence disqualification of 12 months
- Maximum fine of $2200
- Maximum term of imprisonment of 9 months
We have experienced that our clients, who have committed their first drink driving offence, do have reasonable prospects of achieving a Section 10 for mid-range drink driving.
If it is your second or subsequent offence in the space of 5 years, the penalties are:
- Minimum licence disqualification of 12 months
- Automatic licence disqualification of 3 years
- Maximum fine of $3300
- Maximum term of imprisonment of 12 months
It is highly unlikely that you will receive a Section 10 for mid-range drink driving if it is your second offence within a 5 year period.
Can I get a Section 10 for mid range drink driving?
Having outlined the penalties for mid-range drink driving above, it is possible to get a Section 10 for a mid-range drink driving charge. A Section 10 means that despite a plea of guilty, no conviction is recorded and you do not face a licence disqualification period.
For the best shot at getting a Section 10 as a penalty for mid range drink driving, you should obtain some character references that refer to your prior good character, your need for a licence, your financial circumstances and any other relevant matter. You should also complete the Traffic Offenders Program. Usually, the police will suspend your licence as soon as you are charged. The court will also consider the time that you have spent off the road in their decision to grant a Section 10.
What should I expect as a penalty for mid range drink driving?
There are many other factors that will contribute to whether you can get a Section 10 for mid-range drink driving. Some of these are:
- Your need for a licence,
- Your overall traffic record,
- Your overall criminal record,
- The blood-alcohol reading,
- The circumstances in which you were apprehended,
and many others.
Whilst there is no “equation” to getting a section 10 for mid-range drink driving, all of the factors mentioned above, and others, will be taken into account when the magistrates decides if you get the Section 10.
We have had success in achieving Section 10s for our clients charged with mid-range drink driving across all Sydney courts.
For more information and to see case studies of cases where we have achieved a Section 10, see our page on mid-range drink driving:
Call LY Lawyers on 1300 595 299 to speak to one of our experienced traffic lawyers and we will help you to keep your licence.