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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.

Click here to find out what the major traffic offences are.

Possible Defences to a Low Range drink driving offence

  1. 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.
  2. The law prohibits the police from demanding a breath test of a driver at their home. Home includes any part of the property.
  3. You were not the driver. As with any criminal offence, the police must prove it was in fact you who committed the offence.

Drink Driving Penalties 

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Our client was charged with low range PCA. His blood alcohol reading was 0.65. In preparing his case for sentence, one of our Traffic Lawyers directed our client to attend the traffic offender’s program. The program was an 8 week, 2 hour per week program that our client attended after work on Wednesday nights.

When the matter came back to Fairfield Local Court following the completion of the program, we were fully prepared in advancing our argument for a section 10.

Fortunately for us, our client following our advice exactly as requested, obtaining the right references from the right people. He also provided to the court documentary evidence of what would happen to his career if he was convicted of the offence.

His Honour Magistrate Spence agreed with our argument, and our client was placed on a bond without conviction, pursuant to section 10 of the Crimes (Sentencing Procedure) Act.

Our client was charged with a Low Range PCA. His blood alcohol concentration was 0.075, falling just under the Mid Range limit of 0.08. Our client faced a possible criminal record, heavy fines and an automatic period of disqualification for 6 months.

Our client had a mortgage and worked as a sales representative for IBM where he is required to travel independently as a condition of his employment. He had a good driving record, this being his first major traffic offence.

He completed the Traffic Offenders Program with outstanding completion of his written assignments.

In late 2012 we appeared before Magistrate Spence at Fairfield Local Court. His Honour described our client’s participation and assignments in the Traffic Offenders Program as “Excellent”.

After careful persuasion, his Honour reluctantly ordered a Section 10(1)(b) bond for a period of 12 months.

Our client continues to work as a sales representative, without a penalty or criminal record.

Our client was charged with a Low Range PCA with a reading of 0.072. He had been hosting a function in the city where his wine glass was frequently being refilled making it difficult to measure the amount of alcohol he consumed.

It was imperative for our client to keep his licence. He was employed as a sales representative which required travelling daily across the Sydney metropolitan area, regional NSW areas and interstate. His employer provided a letter which confirmed that without a driver’s licence, our client would have his employment terminated.

A loss of licence and employment would have devastating consequences for our client and his family, who were struggling to repay the mortgage and support their 4 children. To make matters worse, our client lived in a remote area near the Blue Mountains some 20 kilometres from public transport.

The matter was before Magistrate Stubbs at Windsor Local Court. Our solicitor made a compelling case in mitigation which addressed proof of minimal public transport, bushfire risks and the requirement for a licence for employment. Our client was also a man of good character and standing in the community without any criminal antecedents.

Her Honour dealt with our client’s case by way of a section 10. Our client was able to keep his job, his house and ensure the safety of his family in an isolated rural area.

Our client was very pleased with this excellent result.

Our client was a 23 year old female who had too much to drink on New Year’s Eve and was charged with low range PCA on the 1st January. What a way to start the New Year!

She was a civilian employee for the NSW Police and desperately needed to keep her record clean. Our lawyer enrolled her in the Traffic Offenders Program and appeared before Her Honour Truscott at Bankstown Local Court, making submissions that a criminal record and loss of licence would detrimentally affect her employment with NSW Police.

Her Honour was convinced and gave our client a Section 10 bond for 12 months. Our client was able to keep her record clean and keep her licence.

Our client was a P1 driver who was charged with low range PCA. Magistrates are particularly tough on P-Platers and a Section 10 was always going to be a tough ask.

Our lawyer appeared before Local Court Magistrate Longley at Burwood Local Court and made strong submissions that a conviction for our client would lead to loss of his employment as a formwork operator, which would mean cancellation of his working visa and potential deportation.

His Honour was convinced by these compelling submissions and somewhat reluctantly imposed a Section 10 bond.

An excellent result for our client.

Our client was charged with a low range PCA offence. This offence happened 18 years after a previous PCA offence.

Our client faced with a very difficult position in that if she did not get a section 10 she would have to walk up and down a very dangerous and steep road in the dark, morning and night, to catch public transport.

Given our client’s expressions of remorse, her participation in the traffic offenders program and the hardship she would face taking public transport. His Honour Magistrate Favretto at North Sydney Local Court dealt with the matter by way of a section 10(1)(b) (good behaviour bond) for 2 years.

This was an excellent result for our client.

Meet our Founder

Adam Ly, B. Ec. (Majoring in Economics), LL.B.

Managing Director and Principal Lawyer

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Contact LY Lawyers Today!

Contact LY Lawyers today for a confidential consultation with an experienced criminal defence lawyer. We are available 24/7 to answer your questions and guide you through the legal process.

We understand you may be feeling lost and overwhelmed by the sheer weight of the charges against you; rest assured that as a leading criminal law firm in Sydney, we are well-versed in the complexities of criminal law and are committed to providing you with the aggressive and effective representation you deserve.

Achieving results one case at a time

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Sarah Davies

Ly Lawyers
5.0
2017-02-01T00:09:03+00:00

Sarah Davies

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Achieving results one case at a time

What a result from a great team!

Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

John L.

Ly Lawyers
5.0
2017-02-01T01:38:38+00:00

John L.

What a result from a great team! Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

Achieving results one case at a time

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Todd Hurring

Ly Lawyers
5.0
2017-06-25T22:46:32+00:00

Todd Hurring

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Achieving results one case at a time

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Breno T.

Ly Lawyers
5.0
2017-06-25T22:53:27+00:00

Breno T.

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Achieving results one case at a time

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Kim Smith

Ly Lawyers
5.0
2017-06-25T22:53:58+00:00

Kim Smith

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Achieving results one case at a time

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

William Song

Ly Lawyers
5.0
2017-06-25T22:54:34+00:00

William Song

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

Achieving results one case at a time

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Habib Rahman

Ly Lawyers
5.0
2017-06-25T22:55:09+00:00

Habib Rahman

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Achieving results one case at a time

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Josh Tyler

Ly Lawyers
5.0
2017-06-25T22:56:43+00:00

Josh Tyler

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Achieving results one case at a time

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Craig H

Ly Lawyers
5.0
2017-06-25T22:57:53+00:00

Craig H

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!
5.0
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Frequently Asked Questions

Being charged with a criminal offence can be a stressful and confusing experience. At LY Lawyers, we understand the challenges you face.

Here’s a look at some of the most frequently asked questions about criminal law in Sydney, Australia:

A: A criminal defence lawyer is a legal professional who specialises in representing individuals accused of crimes. Their role is to protect your rights throughout the legal process, from the initial investigation, to the court proceedings. Here are some key responsibilities of a criminal defence lawyer:

  • Investigating the case: They gather evidence, interview witnesses, and analyse the prosecution's case to build a strong defence.
  • Providing legal advice: They will explain your legal rights and options and explore your potential defences, guiding you through the complexities of the criminal justice system.
  • Negotiating with prosecutors: They may negotiate plea bargains to potentially reduce charges or penalties.
  • Representing you in court: They will advocate for you in court hearings and trials, presenting your defence arguments.

A: A traffic lawyer is a specialised type of criminal defence lawyer who focuses on traffic offences. These can range from minor speeding tickets to more serious charges like drink driving or driving without a licence. A traffic lawyer can:

  • Challenge the validity of traffic stops or charges.
  • Negotiate for reduced penalties or licence suspensions.
  • Represent you in court for traffic-related offences.

A: Finding the right lawyer for you depends on your specific circumstances. Here are some tips to find the best legal representation:

  • Consider your case: Identify the type of offence and choose a lawyer with significant experience handling similar cases.
  • Research potential lawyers: Read online reviews and testimonials, and check their qualifications and experience.

Contact your preferred lawyers: Schedule consultations to discuss your case and assess their communication style and fees.

A: Legal fees can vary depending on the complexity of your case, the lawyer's experience, and the length of representation required. Most criminal lawyers offer upfront quotes or hourly rates. Here are some factors impacting the cost:

  • Severity of the charge: More serious charges typically require more lawyer time and resources, thus leading to higher fees.
  • Complexity of the case: Cases with intricate details or witness testimony might require more investigation and legal strategy, thus increasing the cost.
  • Trial vs. Plea Bargain: If your case goes to trial, expect higher fees compared to resolving it through a plea bargain.

A: Many criminal defence lawyers offer free consultations, allowing you to discuss your case and get an initial assessment. This can help you understand your legal options and decide if the lawyer is indeed a good fit for you.

A: Here's what to do if you've been accused of a crime:

  • Remain silent: Don't answer any questions from law enforcement officers without your lawyer present.
  • Contact a criminal defence lawyer immediately: They can advise you on your rights and guide you through the next steps.
  • Don't tamper with evidence: Don't attempt to destroy or hide anything related to the case.

Be honest with your lawyer: Provide them with all the details of your situation for the best possible defence.

A: If you can't afford a private lawyer, you may be eligible for legal aid. This government programme provides financial assistance for legal representation in criminal cases.

  • The burden of proof lies with the prosecution: They must prove your guilt beyond a reasonable doubt.
  • You have the right to remain silent: You don't have to answer any questions that could incriminate yourself.

You have the right to a lawyer: You can request legal representation at any point during the legal process.

A: This is a crucial decision best made in consultation with your lawyer. They will assess the evidence, your potential defences, and the likely outcomes to advise you on the best course of action.