A conviction for mid range drink driving can impact your life in many ways. From losing your licence to a criminal conviction, the stakes are high and that is why it is important to obtain advice from our mid range drink driving specialist criminal lawyers.
A Mid Range PCA offence is a drink driving offence that requires that a driver has present in his or her breath (or blood) the mid range “prescribed concentration of alcohol” (PCA), which is an amount of 0.08 and above, but below 0.15.
Pursuant to section 110(4) of the Road Transport Act, a person must not, whilst present in their breath or blood the middle range (mid range) prescribed concentration of alcohol:
(a) drive a motor vehicle, or
(b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
(c) if the person is the holder of an applicable driver licence – occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.
What are the penalties?
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 6 months and a minimum disqualification period of 3 months unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act. There is also a mandatory interlock device orders of 12 months unless an exemption is granted.
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 drink driving 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 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.
What does the court consider when sentencing for a mid range drink driving offence?
Several factors are considered by a magistrate when sentencing. These factors include but are not limited to:
- How you were detected by police
- Your criminal and traffic history
- Your subjective features including age, employment, need for a licence, family circumstances
- Reason for driving
- circumstances of the offending
Can a Mid Range Drink Driving offence be aggravated?
Yes. The moral culpability of a Mid-Range PCA offender will be increased by:
- The number of prior PCA offences;
- The degree of intoxication above 0.08;
- Erratic or aggressive driving;
- A collision between the vehicle and any other object;
- The length of the journey at which others are exposed to risk;
- The number of persons actually put at risk by the driving.
Where a Mid Range Drink Driving or Mid-Range PCA is aggravated the Magistrate will regard the charge as more serious and normally impose a harsher penalty.
Best Mid-Range Drink Driving Lawyers Sydney – How to contact us?
If you are facing drug supply offences, get in touch with us today. At Criminal Lawyers Group, we have leading Drink Driving Offence Criminal Lawyers ready to assist. We ranked number 1 for Traffic Lawyers Sydney by Top 10 Lawyers. Contact us today for a Free Initial Consultation to discuss your case here.