Since 20 May 2019, police have been given the power to issue a penalty notice, also known as a fine, as well as impose an immediate 3-month licence suspension to drivers who blow a low-range blood alcohol reading.
The penalty notice can be appealed to the Local Court, on the basis that you are:
- Not guilty of the offence, or
- Guilty but wish to persuade the court to grant a ‘section 10 dismissal or conditional release order‘ (without a conviction), so that you do not receive a fine or a licence disqualification.
If you plead not guilty and the case is ultimately dismissed, there will be no conviction recorded against your name and no penalties.
If you plead guilty, it is important to prepare your case properly in order to maximise the prospects of a non-conviction order, because if such an order is not granted the court can deal with you as outlined below.
What is Low Range Drink Driving?
Low Range Drink Driving is where you drive a motor vehicle with a blood alcohol concentration between 0.050 and 0.079.
If the court convicts you of ‘low range drink driving’, it must disqualify you from driving.
However, if the court deals with you under section 10 or a conditional release order (without a conviction), you will not be disqualified or fined, and a conviction will not be recorded against your name.
1st Offence
The penalties where it is your first major traffic offence within the past 5 years and you choose to have the case dealt with in court are:
- 6 months of disqualification from driving, which can be reduce to a minimum of 3 months, and
- Maximum fine of $2,200.
2nd or Subsequent Offence
If it is your 2nd or more major traffic offence within 5 years, the penalties are:
- 3 month disqualification which can be reduced to 1 month, followed by
- 12 months during which you must have an interlock device installed to your vehicle, and
- Maximum fine of $3,300.
Alternatively, the court can ‘exempt’ you from the interlock requirement and impose:
- 12 month disqualification period which can be reduced to 6 months, and
- Maximum fine of $3,300.
In all court cases, the court can choose to deal with the matter under a ‘section 10 dismissal or conditional release order’ ie without conviction, disqualification or fine – unless you have received a non-conviction order for a major traffic offence in the previous 5 years.
Penalties Imposed by the Courts for Low Range Drink Driving in NSW
The court will consider a range of factors when determining the penalty for a low range drink driving offence in New South Wales, including:
- Whether it is your first or your second or subsequent major traffic offence within the past 5 years,
- Your actual blood alcohol reading,
- The circumstances of the offence,
- Your demonstrated remorse, including your completion of a traffic offender program, your letter of apology to the court and character references written in your support,
- The factors leading up to and contributing to the offence,
- The impact of a licence disqualification, and
- Any criminal or traffic record you may have.
The most common penalties imposed for low range drink driving cases that come before the courts in New South Wales are:
- A fine plus disqualification from driving, followed by
- A conditional release order without conviction, which comes with a good behaviour bond but not a disqualification from driving, followed by
- A section 10 dismissal, which does not involve a good behaviour bond, disqualification or fine, but has only been applied in a small number of cases.
Recent Success Stories
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- No Conviction/Disqualification for 2nd Drink Driving offence within 5 years
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