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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.

Click here to find out what the major traffic offences are.

Possible Defences to a Mid Range drink driving offence

  1. 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.
  2. The law prohibits the police from demanding a breath test of a driver at their home. Home includes any part of the property.
  3. 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 table

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 sentence.

By that time, he had been suspended (automatic police suspension at the time of his 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 sentence 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 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 Section 10(1)(b) bond for a period of 6 months. This meant that our client could continue driving without a penalty or a criminal record and did not receive any disqualification for committing the offence.

It also meant that our client’s criminal and traffic record remained clean. An excellent result for our client

Our client was charged with drink drinking, with a reading of 0.12. Our client was a truck driver who needed his license for work and 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 was extenuating circumstances and accepted that our client’s need for a licence and very good traffic record outweighed the need to record a 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 with a reading of 0.082. The client faced the possibility of a 12 month driving disqualification upon conviction, however the court had 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 clients 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 with a reading of 0.149, which is just under the high range, being 0.15.

At Hornsby Local Court, Her Honour Viney took into consideration our clients 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 back dated 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, 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 charged with a mid-range PCA offence. Her 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 month off the road between the time the offence was committed and that day of the sentencing. Having regard this and our clients impeccable character and driving record, Her Honour dealt with our client by way of a 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.

She 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 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 is 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 lawyer appeared before His Honour Longley at Burwood Local Court and made compelling submissions regarding our client’s need for a licence as well as her outstanding reputation among her family and colleagues.

His Honour decided to deal with the matter by way of a 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 mid-range PCA – 2nd offence.

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 co-ordinator.

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 a 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 an element of the offence being driving and attempting 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 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 and 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 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 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 obtained a resolution to issues in the fact for our client within days and through a thorough bundle of documents to the Court showing the hardship, our client avoided the immediate disqualification period and a more severe penalty.

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 which 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 had a full licence. He has been driving in New South Wales for a year. He had one speeding matter on his record. At Court he was given a small fine and disqualified from driving for 6 months, the minimum disqualification.

Our client was charged with drive 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 solicitors advise about the likelihood of success versus the costs of obtaining an expert, our client accepted guilt 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 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 to the safety of the community. She was handed an immediate police licence suspension.

However our client was involved in 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 through-out 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 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 a 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.