Mid Range Drink Driving: Laws, Penalties, BAC Limits, And Legal Options

Mid Range Drink Driving

Mid-range drink driving is a serious offence in New South Wales Australia, and it refers to driving with a blood alcohol concentration (BAC) of 0.08-0.149 grams per 100 millilitres of blood. This level of intoxication can put not only the driver’s life at risk but also the lives of other road users.

That’s why penalties for mid-range drink driving are quite severe. According to NSW laws, this offence falls under section 110(4) of the Road Transport Act 2013 (NSW) and can result in an immediate licence suspension, on-the-spot fines, and even a prison sentence.

Below is a table that summarises the penalties applicable under NSW legislation for mid range drink driving offences. It will help you understand the severity of different penalties.

What Does Mid Range PCA Mean?
PCA stands for Prescribed Concentration of Alcohol, the standard used by NSW courts under Section 110(4) of the Road Transport Act 2013 (NSW) to determine drink driving offences.

In New South Wales, Mid-range PCA refers to the blood alcohol concentration (BAC) level between 0.08 and 0.149 grams of alcohol per 100 millilitres of blood. This range falls under the category of drink driving, which is considered a serious offence in most countries.

PCA is the legal benchmark for determining alcohol-related driving charges. So, penalties escalate based on BAC levels, such as hefty fines, license disqualification, and even potential jail time.

Is Mid Range DUI The Same As Mid Range Drink Driving?

Yes, mid-range DUI and mid-range drink driving refer to the same offence. Both terms describe driving with a Blood Alcohol Concentration (BAC) between 0.08 and 0.149, which constitutes a mid-range PCA offence.

However, keep in mind that while “DUI” (Driving Under the Influence) is widely used internationally, Australian laws typically use “drink driving” to emphasize alcohol-related offences.

Mid Range Drink Driving NSW Penalties

A mid-range drink driving offence carries significant penalties under Section 110(4) of the Road Transport Act 2013, aimed at deterring unsafe driving practices. So, the range drink driving NSW penalties for offence includes:

• A maximum fine of $2,200 for a first time offence and upto $3,300 for repeat offenders.
• If convicted of mid-range PCA, the court must ordinarily make a mandatory interlock order. For first offence, disqualification for at least 3 months. automatic disqualification for 6 months and interlock for 12 months. Second or subsequent offences require disqualification for minimum 6 months and an automatic disqualification for 9 months, with an interlock for at least 24 months.
• A maximum jail term of 9 months for regular offenders.
• An automatic interlock order for a period of time after licence disqualification.
• Mandatory participation in an Alcohol Interlock Program for a period equal to the length of disqualification.
• A criminal record that can impact future job opportunities and travel plans.

Moreover, for repeat offenders, the penalties and consequences become more severe. So, if you have been charged with a mid-range drink driving offence, it is essential to seek legal advice from an experienced lawyer who specializes in traffic and criminal law.

They can help you understand the potential penalties and consequences specific to your situation. They can also help identify any available legal defences and develop a strong defence strategy to achieve the best possible outcome.

Mid Range Drink Driving First Offence NSW

Penalties for a first offence of mid-range drink driving in NSW generally include:

• A $2,200 fine
• A conviction, resulting in a criminal record
• 6–12 months’ licence disqualification

If the court proceeds with dismissal or CRO without conviction, no conviction is recorded and the interlock regime tied to conviction does not apply. However, this is only granted in certain circumstances and requires legal representation.

So, if you do not receive a Section 10 dismissal, your licence will be automatically disqualified for the specified time period. This can lead to many consequences, such as criminal record, fines, increased insurance rates and difficulty finding employment.

Penalties For A Second Or Repeat Offence

Second or repeat mid-range drink driving offences in NSW may result in more severe penalties, including the possibility of jail time. So, for a second offence, the fine may be increased up to $3,300 and/or imprisonment for a maximum of 12 months. In addition, the offender’s license may be disqualified for up to 12–24 months.

It’s important to note that prior convictions significantly impact sentencing. If an offender has a history of mid-range drink driving offences, the court may consider them to be a habitual offender and impose harsher penalties.

This is because the offender has already received leniency in the past and has failed to learn from their previous mistakes. The court may also take into account any aggravating factors, such as causing harm or damage while driving under the influence, which can further increase the severity of the sentence.

Thus, it is crucial to seek legal representation if you are facing a second or repeat drunk driving charge. A skilled lawyer can help identify any aggravating factors that may lead to harsher penalties and develop effective mitigation strategies to minimize the impact of the charges on your life.

What Is The Disqualification Period For Mid Range Drink Driving?

The disqualification period for mid-range drink driving can be up to 12 months, and this can be increased if there are aggravating factors or previous offences.

However, in some cases, a Section 10 dismissal may eliminate the disqualification period entirely. This is rare but possible for mid-range PCA offences in the Alcohol Interlock Program. A disqualification period starts when the person is convicted (or when the order is made).

Will I Get A Criminal Record For Mid Range Drink Driving?

Yes. you can get a criminal record for mid-range drink driving in New South Wales. Drinking and driving is considered a serious offence and may lead to severe penalties, including imprisonment, fines, and suspension of your driver’s license.

If you are found guilty of mid-range drink driving in NSW, your record will show that you have committed a criminal offence. In most cases, this information remains on your record for 10 years.

This criminal record for mid-range drink driving can jeopardise many employments that require a clean criminal record such as healthcare, transport, or government sectors. It can also impact your ability to travel internationally, as some countries have strict entry requirements for individuals with a criminal record.

Moreover, mid-range drink driving can also affect your insurance premiums, making it more expensive for you to insure your vehicle. Your insurance company may consider you a high-risk driver and charge higher premiums or even cancel your policy altogether.

Therefore, it’s important to always be responsible and make smart choices and don’t drive when you’re drunk to avoid legal and financial consequences.

Will I Have To Go To Court For A Mid Range Drink Driving Charge?

Yes, a court appearance is mandatory for all mid-range drink driving offences in New South Wales. Because mid range PCA offences are classified as criminal offences under Road Transport Act 2013 (NSW).

Moreover, these offences require adjudication by a magistrate directly. During your court appearance, the magistrate will consider all the evidence presented and may issue penalties such as fines, mandatory interlock programs, or even imprisonment.

However, for mid-range drink driving first offences, you may be able to apply for a Section 10 dismissal which means that although you are found guilty, no conviction is recorded and you will not face any penalties.

Do I Need A Lawyer For A Mid Range Drink Driving Charge?

Yes. If you have made the mistake of driving under the influence and have been charged with a mid-range drink driving offence in NSW, you should immediately seek legal representation. A lawyer can help you navigate the complex legal system and work towards achieving the best possible outcome for your case.

It can negotiate reduced fines, and license suspension periods, and even potentially have the charges dropped or dismissed altogether. Additionally, a lawyer can provide you with valuable practical advice and choose the strong evidence to present in your defence.

So, if you need legal assistance for a mid-range drink driving offence in NSW, don’t hesitate to contact us. Our experienced lawyer provides you with a free consultation to discuss your case and provide you with the best legal representation. Click here to contact us!

What Are The Possible Defences To A Mid Range Drink Driving Charge?

Well, defending a mid-range drink driving charge may require a strategic approach. For example, your lawyer can challenge the accuracy of evidence, such as the breathalyser or blood alcohol concentration (BAC) results.

They can also evaluate your case thoroughly to identify any other possible defences that may apply. Some of these defences could include medical conditions, mistakes made by law enforcement officers, and even mechanical issues with the breathalyser equipment itself.

In addition to these potential defences, your lawyer may also be able to negotiate a plea deal with the prosecution. This is where you agree to plead guilty to a lesser charge in exchange for a more lenient sentence.

However, it’s important to note that each case is unique and the potential defences and outcomes will vary based on individual circumstances. So, it’s better to consult with a professional lawyer. Your lawyer will better assess your case and provide you with the best advice on how to proceed.

Can You Get A Section 10 For Mid Range Drink Driving?

Yes, you can get a section 10 for mid-range drink driving in NSW under specific conditions. A Section 10 dismissal allows a court to resolve a mid-range drink driving offence without recording a conviction.

This outcome can have significant advantages, such as avoiding licence disqualification and related fines. It also protects your employment and travel prospects by eliminating any conviction-related restrictions.

What Are The Sentencing Statistics For Mid Range Drink Driving?

Mid range drink driving penalties can differ depending on multiple factors. In general, the punishments for this offence include fines of up to $3,300, disqualification from driving for a period of 12-36 months and possible imprisonment for up to 12 months.

In general, according to the Judicial Commission of NSW’s recent data, 66% of offenders face fines and disqualifications. While 14% receive a section 10 dismissal or conditional release order without conviction. But, imprisonment is rare and accounts for less than 1% of sentences.

However, these are not fixed punishments as they may change based on certain circumstances such as repeat offences or aggravating circumstances like causing an accident or having a high blood alcohol concentration (BAC) level.

What Are The Mid Range Drink Driving Laws In NSW And Other States?

Mid-range drink driving in New South Wales (NSW) is a serious offence that carries severe penalties. While there are similarities between NSW’s laws and other states of Australia, each jurisdiction has its own unique rules and regulations.

In New South Wales (NSW), first-time offenders of mid-range drink driving typically do not receive jail time. But, they often charge up to $2,200 fines and disqualification for 6–12 months and mandatory interlock programs.

This is in contrast to other states like Victoria, where stricter terms are imposed for these offences and receive jail time. However, the fine is similar there as in NSW, but disqualification can be severe for 6–18 months. In Queensland, repeat offenders may face more hefty fines such as up to $2,356 fines. While the disqualification will be the same as Victoria.

Moreover, NSW allows section 10 dismissals, while other states use conditional bonds or community service. So, while it may seem that NSW has lenient penalties, there are still severe consequences for repeat offenders.