The offence of Mid Range drink driving is committed by a driver who drives a motor vehicle on a public road with a blood alcohol concentration above 0.08 and below 0.149.
If this is your first offence, and you have a good driving record over a number of years, you may have a chance at acheiving a ‘section 10’. This means that a conviction would not be recorded, and thus a period of disqualification would not be imposed. We have acheived ‘section 10’ bonds for our clients on countless occasions.
What are the penalties for Mid Range Drink Driving?
The maximum penalty for a Mid Range drink driving offence, if it is your first major traffic offence within 5 years, is a fine of $2,200.00 and/or 9 months imprisonment. The disqualification period a court can impose is unlimited but 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. 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 lawyers have the skills and knowhow 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 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 a 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.
Possible Defences to a Mid Range drink driving offence
- 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.
- 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.