Low Range (Drink Driving) Prescribed Concentration Alcohol- Section 110 (3) of Road Transport Act 2013
Low range drink driving is when your blood alcohol concentration is more 0.05grams or more, but less than 0.08 grams of alcohol in 210 litres of breath or 100 millilitres of blood.
From 20 May 2019, NSW Police can now immediately suspend your driver’s licence if you commit a low range drink driving offence. In the case of a first time committing a low range offence, police have the power to issue you a penalty in the sum of $572 and impose an immediate 3 months licence suspension.
The penalty notice can be appealed to the Local Court, for reasons as follows:
- You are not guilty, or
- You wish to peruse the court to grant you a ‘section 10 or conditional release order’ without criminal record.
|Penalty||First Offence||Second or Subsequent Offence|
|Minimum disqualification||3 months||1 month|
|Maximum disqualification||6 months||3 months|
|Maximum court-imposed fine||$2,200||$3,300|
|Alcohol interlock order||n/a||12 months|
|Disqualification period if exempted from interlock||n/a||Automatic 12 months Min: 6 months|
Your Options in Court
If you have received a penalty notice and immediate suspension, before you pay the fine, you can elect to have your matter heard in court and appeal your driver licence suspension.
You will then be provided with a Court Attendance Notice and have the matter determined at court.
It is important that you speak to an experienced traffic lawyer who will be able to advise you of your options.
If you decide or have been advised to plead guilty to low range drink driving after receiving legal advice from an experienced criminal defence lawyer, it is crucial that your case is sufficiently prepared to maximise your chances at obtaining a lenient sentence.
Utilitarian Value or 25% discount on punishment
The discount for the utilitarian value of the plea of guilty will be determined largely by the timing of your plea entered. That means, the earlier you enter a plea of guilty, the greater discount you receive on your punishment and also the type of sentence you receive.
The utilitarian value of a delayed plea is less and consequently the discount is reduced.
Types of Penalties
Types of penalties the Judge can impose on you include any one of the following:
- Conditional Release Order
Our expert defence team at Criminal Lawyers Sydney may be able to negotiate the police ‘facts’ to reduce the seriousness of the offence.
Our team will guide you on obtaining materials which can be handed-up to the court during your sentencing – including a letter of apology, character references, and any documents from counsellors or health care professionals you have consulted.
These materials, together with persuasive verbal submissions by your lawyer in the courtroom, can help to ensure you receive the most lenient penalty that is possible in the circumstances.
If you have been charged with low-range drink driving, call Criminal Lawyers Sydney anytime on (02) 91528619 to arrange a free first conference with one of our experienced traffic lawyers who will review the allegations and advise you of your options and the best way forward.