The offence of Low Range drink driving is committed by a driver who drives a motor vehicle on a public road with a blood alcohol concentration above 0.05 and below 0.079.
Generally, if it is your first offence for drink driving, we are confident that you have good prospects of avoiding a conviction, and being dealt with under ‘section 10’. This means that you will not be disqualified from driving. We have had tremendous success with first offenders who are charged with Low Range drink driving
What are the penalties for low range drink driving?
The maximum penalty for a Low Range drink driving offence, if it is your first major traffic offence within 5 years, is a fine of $1,100.00 and an automatic 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 know how to prepare your case in a way that gives you the best chance of keeping your licence.
Penalty where the offence is a second or subsequent major offence within 5 years
The maximum penalty for a Low Range drink driving offence, if it is your second or subsequent major offence within 5 years, is a fine of $2,200.00 an maximum disqualification period of 3 months, and a minimum disqualification period of 1 month 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.
Where a second or subsequent offence of this nature occurs within 5 years, then a mandatory minimum period of 12 months using the interlock device will be imposed.
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.