What Is Mid-Range Drink Driving?
Mid-Range Drink Driving is an offence committed by an individual who has driven a motor vehicle on a public road with a blood alcohol concentration (BAC) above 0.08 and below 0.149.
Usually, a roadside police breath test is administered, requiring you to speak or breathe into a device, which will provide an indicative reading. If the reading is over 0.05, you will be required to attend a police station for a breath analysis to determine your BAC. Although this is a serious traffic law offence there are ways to lessen the impact on your character and wallet.
If you have received a penalty notice and it is your first offence, you may have a chance at achieving a ‘section 10’ and reducing the penalties. This means that a criminal conviction is not recorded, and thus a period of disqualification would not be imposed. For this to be successful you must have a good driving record over a number of years, show remorse and actively work to show your growth as an individual.
We have achieved ‘section 10’ bonds for our clients on countless occasions and this can be seen in our case studies below.
What Are The Penalties For Mid-Range Drink Driving?
Mid-Range Drink Driving penalties are dependent on the drivers current driving record and subsequent offences. Penalties usually involve a fine, license disqualification and in major cases, imprisonment.
Penalty For Your First Mid-Range Drink Driving Offence
The maximum penalty for a Mid-Range Drink Driving offence, which is your first major traffic offence within 5 years, is a fine of $2,200.00 and/or 9 months imprisonment.
Along with this, there is an automatic disqualification period of 12 months and a minimum disqualification period of 6 months unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act. However, the disqualification of license period a court can impose is unlimited and dependent on the case.
If your matter is dealt with pursuant to section 10, you will not be disqualified from driving. Click here to find out more about section 10.
The concern for most drivers charged with a Mid-Range drink driving offence is that they will lose their licence. Our experienced traffic law 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 For Your Second Offence Or Subsequent Major Offence Within 5 Years
The maximum penalty for a Mid Range drink driving offence, if it is your second or subsequent major offence within 5 years, is a fine of $3,300.00 and/or 12 months imprisonment.
The disqualification that can be imposed includes a minimum disqualification period of 6 months and a maximum period of 9 months unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act.
If your matter is dealt with pursuant to section 10, you will not be disqualified from driving. To find out more about section 10, click here.
Where an offence of this nature is a second or subsequent offence, then the court will impose a mandatory minimum period of 24 months using the interlock device.
Click here to find out what the major traffic offences are.
Possible Defences To A Mid-Range Drink Driving Offence
- Breath analysis is 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.
Drink Driving Penalties
Drink driving offences have subsequent penalties which are dependent on a multitude of factors and have different classes of disqualification and interlock periods.
- Low Range Drink Driving (Novice Range Drink Driving, Special Range) that is a second or subsequent offence faces:
- Minimum Disqualification Period: 1 Month
- Maximum Disqualification Period: 3 Months
- Minimum Interlock Period: 12 Months
- Middle Range Drink Driving that is a second or subsequent offence faces:
- Minimum Disqualification Period: 6 Month
- Maximum Disqualification Period: 9 Months
- Minimum Interlock Period: 24 Months
- High Range Drink Driving that is a first offence results in:
- Minimum Disqualification Period: 6 Month
- Maximum Disqualification Period: 9 Months
- Minimum Interlock Period: 24 Months
- High Range Drink Driving that is a second or subsequent offence faces:
- Minimum Disqualification Period: 9 Month
- Maximum Disqualification Period: 12 Months
- Minimum Interlock Period: 48 Months
- Driving under the influence of alcohol or a drug (DUI) that is a second or subsequent offence faces:
- Minimum Disqualification Period: 6 Month
- Maximum Disqualification Period: 9 Months
- Minimum Interlock Period: 24 Months
- Refusal or failure to comply with directions for a breath analysis or blood test results in:
- Minimum Disqualification Period: 6 Month
- Maximum Disqualification Period: 9 Months
- Minimum Interlock Period: 24 Months
- Refusal or failure to comply with directions for a breath analysis or blood test that is a second or subsequent offence results in:
- Minimum Disqualification Period: 9 Month
- Maximum Disqualification Period: 12 Months
- Minimum Interlock Period: 48 Months
What Happens If I Get Caught Drink Driving?
In most cases, if you are caught drink driving in the mid-range your license is suspended immediately until a charge against you is made in court, which can sometimes take several months.
Once the immediate suspension has occurred you will be unable to drive unless granted permission by a court during the immediate suspension period. Our lawyers can assist in this application. The charge also carries a maximum penalty of 12 months imprisonment.
If you are convicted by a court your licence will be disqualified meaning you will be unable to drive a vehicle until the period of disqualification has expired and a licence is reissued. You will also be issued with a criminal conviction which will appear on your record and any other penalties depending on the severity of your case.
What Are The Consequences Of Having A Criminal Conviction?
A Criminal Conviction against your name can have serious ramifications on your professional life and travel overseas.
In most professions, employers will conduct a background check on you with an additional police check to ensure your candidacy. A police check like this will reveal your criminal record and conviction history including Mid-Range Drink Driving. In some professions, employees are required to declare criminal convictions and report them to a regulatory body while actively working. In this case, you may be dismissed from employment.
Criminal convictions can also inhibit you from travelling overseas as most countries require tourists to obtain a visa prior to entering the country. Disclosing any past criminal activity or convictions is more than likely when applying for a visa. Depending on the country you are planning on travelling to, you may be denied entry.
How Can LY Lawyers Help You With Your Mid-Range Drink Driving Case?
In cases like these, you should consider any penalties you may receive on your life and those around you. It can be confusing to know how to defend yourself in the criminal justice system in a court for this sort of charge. Our specialised traffic lawyers can assist you and will use their abundant experience and expertise to assist in finding you the best possible outcome.
We have had many successful clients fighting against Mid-Range Drink Driving charges. You can find examples of these cases below:
Our client was charged with mid-range drink driving, with a reading of 0.1. We directed our client to attend the traffic offender’s program at the local PCYC. This was an 8 week, 2 hr per week program that our client attended on Tuesday evening after work.
Upon completion of the program, our client returned to court to face the sentence.
By that time, he had been suspended (immediate licence suspension at the time of his police arrest) for almost 3 months. He was an honest, hardworking family man who had a pregnant wife and 3 children.
His wife was due to give birth within weeks of the sentencing date. We argued that, whilst his reading was very high, it was his first offence and he was a person of good character, who had a genuine need for a licence, and had already suffered almost 3 months off the road, which was extremely difficult for him.
Magistrate Giles agreed with our argument and proceeded by imposing a s.10 Bond for 12 months.
Our client drove his wife to the hospital a few weeks later for the birth of their 4th child.
Our client was charged with a Mid Range PCA driving offence. Her blood alcohol concentration was 0.095. This offence carries heavy fines, an automatic period of disqualification for 12 months and a possible prison sentence.
It was essential for our client to keep her licence as she had three children in school and needed to drive them a considerable distance to school from her home.
She was also the sole carer of her mother who suffered from bipolar disorder. Her mother was heavily reliant upon our client to take her to medical appointments and treatment for her illness.
We advised our client that attending the Traffic Offenders Program would greatly assist her case, which she attended to diligently.
In May 2013 our client came before Magistrate Scherr at Burwood Local Court. Our solicitors submitted to the Court details of our client’s circumstances and evidence that she had completed the Traffic Offenders Program.
Our client received a conditional release order, without a conviction being recorded, for a period of 6 months. This meant that our client could continue driving without a penalty or a conviction on their record and did not receive any disqualification for committing the offence.
It also meant that our client’s criminal and traffic records remained clean. An excellent result for our client.
Our client was charged with mid-range drink driving, with a reading of 0.12. Our client was a truck driver who needed his license for work. Being the sole provider for his family, we argued that his family would also suffer if he lost his licence.
Because our client could not speak English, he was unable to undertake the traffic offenders program.
Our Traffic and Drink Driving Lawyer appeared at Fairfield Local Court and was able to successfully argue for a Section 10, even though our client couldn’t undertake the traffic offenders program and the reading was on the higher end of the mid-range.
The court accepted there were extenuating circumstances and accepted that our client’s need for a licence and very good traffic record outweighed the need to record a criminal conviction.
Our client received no penalty at all and got his licence back from the court there and then.
Our client was charged with drink driving after having a blood alcohol reading of 0.082 after a breath test. The client faced the possibility of a 12-month driving disqualification upon conviction, however, the court had the power to reduce down to a 6 months disqualification period.
Our client worked as a construction manager and it was important he had a drivers licence. Without a license, our client would face the possibility of losing his job. Our client was sentenced at Liverpool local court and our solicitor argued for a Section 10 which meant our client would receive no penalty or disqualification.
The magistrate took into account our client’s good traffic record, his need for a licence and agreed that the matter should be dealt with under Section 10 bond.
Our client was very happy and was able to keep his job and keep his driver’s licence.
Our client was charged with mid-range drink driving after a reading of 0.149. This was very close to being a high range case, which is over 0.15.
At Hornsby Local Court, Her Honour Viney took into consideration our client’s decent traffic history as well as his being of good character, despite the seriousness of his drink driving offence and the very high reading.
Our solicitor outlined the difficulties the young man faced travelling to work, the real remorse he showed for his offending behaviour and the difficulties he faced without a licence.
Magistrate Viney highlighted the seriousness of the man’s offence, however, agreed that in his circumstances he be afforded the minimum disqualification of 6 months backdated to the time of the offence, as opposed to an automatic 12-month suspension.
An excellent result in light of the reading being so close to high range.
Our client was charged with driving with a middle range PCA (prescribed concentration of alcohol), and his licence was immediately suspended.
After our client was charged he reached out to a firm in Nowra, New South Wales (NSW). Our client decided to go with this firm as it was near the location in which the offence was detected but was also a significant drive from where our client resided in Western Sydney.
The firm of solicitors who our client initially instructed failed to manage our clients matter adequately. Our client came to us in need of help.
We took on the case and had it moved to Fairfield Local Court which was a more convenient location for our client to travel to.
We assisted our client with entering the traffic offenders program and ensuring all his court documents were well prepared for his sentence hearing.
At the sentence hearing, we made the submission before Magistrate Coombes that our client’s matter should be dealt with by way of section 10 on the basis that the offence was close to the low range and that the 2-month licence suspension that had already been served since the date of the offence was an adequate punishment.
Our client received a section 10 and had his licence reinstated on the day of his sentence hearing. This was an excellent outcome and a relief for our client and his family.
Our client was charged with a mid-range PCA offence. Her blood alcohol reading was 0.081.
We assisted our client to enter the traffic offenders program which she completed before her sentence date. Our solicitor also guided our client through obtaining character references and writing her letter of apology. Our client has undertaken a considerable amount of charitable work which was reflected in her outstanding character references.
The matter was before Her Honour Magistrate Farnan at Waverley Local Court.
Our solicitor put forward the argument that our client’s low reading for the mid-range, albeit a serious reading, meant that she had served an adequate sentence of 2 months off the road. Having knowledge of this and our clients impeccable driving record, Her Honour dealt with our client by way of section 10.
This was an excellent result for our client.
Our client was charged with driving with a middle range PCA, close to the low range and his licence was immediately suspended.
After our client was charged, he instructed a firm in Nowra, New South Wales near the location in which the offence was detected. This was also a significant drive from where our client resided in Western Sydney. The firm of solicitors who our client initially instructed failed to manage our clients matter adequately. Our client came to us in need of help.
We took on the case and had it moved to Fairfield Local Court which was a more convenient location for our client to travel to. We assisted our client with entering the traffic offenders program and ensuring all his court documents were well prepared for his sentence hearing.
At the sentence hearing we made the submission before Magistrate Coombes that our client’s matter should be dealt with by way of section 10 on the basis that the offence was close to the low range and that the 2 month licence suspension already served since the date of the offence was an adequate punishment.
Our client received a section 10 and had his licence reinstated on the day of his sentence hearing. This was an excellent outcome and a relief for our client and his family.
Our client was a single father of two boys, a high school teacher, and heavily involved in community sporting events.
He was charged with mid-range PCA and wanted to keep his record clean. Our lawyer enrolled him in the Traffic Offenders program, assisted him to obtain reference letters and prepared submissions for his case.
He appeared before Local Court Magistrate Prowse at Bankstown Local Court. Upon hearing the submissions, unusually, His Honour stood the matter in the list for the client to purchase a breathalyser to keep in his glove box as an interlock program.
As our client had been suspended on the spot and had come alone to court, our lawyer drove him to the nearest “Supercheap Auto” store in order to purchase one.
Ultimately, His Honour gave our client a Section 10 bond for 12 months. He was able to keep his licence and his record clean.
Our client was a 26-year-old Sales Manager for one of Sydney’s top hotels. She was charged with mid-range PCA and desperately needed to keep her record clean and hang on to her driver’s licence.
Our lawyer enrolled her into the Traffic Offenders Program and prepared her matter for sentence. Our criminal law lawyer appeared before His Honour Longley at Burwood Local Court and made compelling submissions regarding our client’s need for a licence.
His Honour decided to deal with the matter by way of Section 10 (1)(b) Bond which meant that our client could keep her clean record and her driver’s licence.
Our client was a 28-year-old labourer who was charged with his second offence of mid-range PCA
The fact that this was his second major traffic offence in the space of 5 years meant he was facing an automatic disqualification period of 3 years, a $3300 fine and a term of imprisonment.
Our lawyer enrolled him in the Traffic Offenders Program and helped him prepare references. She appeared before LCM Spence at Mt Druitt Local Court and made submissions that he had a strong need for a licence, that he was at a crossroads in his life and that 3 years off the road would be a crushing punishment.
The Magistrate agreed and imposed a disqualification period of only 12 months and a Section 9 bond to be of good behaviour for 12 months. He also reduced the fine to $800. Our client was extremely happy with the result and could not stop thanking our lawyer.
Our client was charged with a middle range PCA offence. The reading was 0.083. He had been at a university function and mistakenly measured the level of alcohol in his body going by the 1 drink per hour myth.
He was detected by police just 50 metres down the road from his house. His licence was suspended on the spot.
He entered into the traffic offenders program and completed the program with excellent remarks from the coordinator.
The sentence hearing took place at Blacktown Local Court before His Honour Magistrate Keady. Our solicitor argued that the 2 months he has spent off the road during the police suspension was a sufficient penalty and that given his sincere remorse and responsible attitude he should receive the leniency of section 10.
His Honour agreed and our client received a section 10(1)(b) bond for a period of 12 months.
That was a great result for our client.
Our client was on his red P plates. He was arrested on the side of the road in his car and was breath tested where a positive reading came through. His instructions were that he was asleep in his car with the engine on so that the air conditioning would work.
After we advised our client to plead not guilty, the police added a charge of attempt to drive with a Mid-Range PCA.
We made representations to the Police regarding the lack of evidence of the attempt to drive.
Before the hearing at Burwood Local Court, we were advised by the Police and the Prosecution that they were not continuing with the charge and all matters were being withdrawn. The client was extremely happy with the result which meant he was able to keep his licence and continue to drive.
Our client came before the Court charged with having a middle range prescribed concentration of alcohol (0.085).
Our client had no prior criminal record and had a clean traffic record. She had obtained her drivers licence in 2000 and did not commit any traffic offences up until the charge that brought her before the Court.
Our client acted on the advice of our experienced criminal lawyer and completed the traffic offenders intervention program. She also obtained reference letters from her family members, employer and provided a letter of apology to the Court demonstrating how sorry she was for what she had done.
Our client was facing a maximum penalty of $2,200.00 fine or 9 months imprisonment or both as well as an automatic licence disqualification of 12 months with a minimum disqualification of 6 months.
Our experienced criminal solicitor prepared submissions highlighting our client’s good character and lack of criminal record and need for a licence. Magistrate Miszalski took into consideration our client’s remorse, good character and lack of criminal record. His Honour exercised discretion and found the offence proven but did not record a conviction.
Our client received a non-conviction (s 10) and was placed on a bond for 12 months.
She was truly grateful for the work put into her case by the experienced criminal lawyer.
Our client came before Blacktown Local Court charged with middle range PCA with a reading of 0.119. Our client faced the possibility of a 12 months disqualification upon conviction.
Our client was 27 years old and worked as an IT repairer. It was essential for our client to keep his licence so that he could attend different job sights. Without a licence, our client faced the strong possibility of losing his position at the company he worked for.
Our client was sentenced at Blacktown Local Court before Magistrate Kealy. It was argued that our client had a strong need for a licence and even though his traffic record had some blemishes he has changed his ways from when he was younger.
The Magistrate took all these considerations into account and agreed that the matter should be dealt with under a Section 10 on the basis that he does not commit any other traffic offences for 18 months.
Our client was extremely relieved with this outcome as it meant he was able to avoid a criminal record and keep his licence.
Our client was charged with drive with a mid-range concentration of alcohol, reading 0.118. She was also charged with negligent driving.
Our client drove after drinking at lunch. When driving a short distance, she collided with parked vehicles, resulting in four cars being damaged.
At the Local Court in the Downing Centre, she was given a minimal fine and the minimum disqualification of 6 months. Our solicitors were able to ensure our client avoided the immediate disqualification period and a more severe penalty with thorough documentation.
Our client was charged with drive with a mid-range concentration of alcohol, reading 0.98. The Police Facts read that there was significant damage to our client’s car which they understood was due to a collision that occurred prior.
Our solicitors negotiated with the Police Prosecutors to have the Police Facts amended to ensure any mention of the damage to the car, or the police’s opinion that the damage was as a result of our client’s intoxication removed from the facts.
Our client was charged with driving with a mid-range concentration of alcohol, reading 0.120. Our client originally pleaded not guilty as he sought to challenge the reading due to medical issues.
Through our solicitor’s advice about the likelihood of success versus the costs of obtaining an expert, our client accepted to plead guilty for the offence. Our solicitors provided all the medical evidence to the Court on sentence.
Our client had been driving for 23 years and had 10 matters on his record with no major offences. His need for a licence for his work was significant. Our client had older criminal convictions for separate matters.
Magistrate Walsh sentenced our client to a section 10(1)(b) bond for 2 years. This means he had no criminal convictions against his name and did not lose his licence.
Through our solicitors’ preparation and representation in court, our client was able to continue with his employment.
Our client was an elderly army veteran, who works full time with a good traffic record. On the morning of the offence, our client was subjected to a stationary RBT. The breath analysis returned with a reading of 0.087 grammes of alcohol. Due to the mid-range reading, he was immediately suspended.
Our solicitors got him a Section 10 (1)(a), which dismissed the charges and allowed him to get his licence back immediately.
Our client was charged with mid-range drink driving, speeding over 45 km/h and having no P-plates displayed on her car.
The allegations were that our client had some drinks at a hotel with her friends and decided to drive home, having no regard for the safety of the community. She was handed an immediate police licence suspension.
However, our client was involved in a disruptive relationship spanning 3 years.
In a lengthy plea, our solicitor presented the case in a manner to show duress. It was put to the court that she became anxious and apprehensive just thinking about her past even though the person in question was not present that night. The matter was stood down by the court on several occasions so that the prosecution could do some background checks.
Our solicitor negotiated with the police throughout the day to ascertain some information regarding her partner to substantiate her distress that night. As it turned, there was a previous AVO placing her as a protected person against her ex-partner. Further submissions to the court complemented with her character references and letter of apology compelled the magistrate to deal with it by way of section 10 with a 12-month good behaviour bond.
Getting her licence back, our client was able to continue to care for her family and go about her day-to-day chores as usual.
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