A person commits a middle-range prescribed concentration of alcohol offence (commonly known as “mid-range drink driving”) if the person has a reading of between 0.08 and 0.149 inclusive and they:
(1) Drive a motor vehicle;
(2) Occupy the driver’s seat of a motor vehicle and attempt to put the vehicle in motion; or
(3) As an appropriate licence holder, occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.
The maximum penalty for a first time mid-range drink driving offender is a $2,200.00 fine and imprisonment for 9 months. In addition, the offender faces licence cancellation and an automatic licence disqualification period of 12 months, which in certain circumstances can be reduced to a minimum period of 6 months.For a second or subsequent mid-range drink driving offender, the maximum penalty is a fine of $3,300.00 and imprisonment for 12 months. In addition, the offender faces licence cancellation and licence disqualification for a period between 6 and 9 months together with an interlock condition on their licence for a minimum period of 24 months thereafter.
Having said that, the offender will avoid a loss of licence for a first, second or subsequent offence, if he or she can convince the Court not to impose a conviction for the offence pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1999.
For experienced and professional advice and representation in drink driving or DUI matters, contact Albury drink driving lawyers at Burt & Hanke Legal.