One of the most common charges that bring people before the Courts is drink-driving. The Courts have great concern for public safety and as a result do not look kindly on drink drivers, in particular those who have a prior history of drink driving charges.
The three main types of drink-driving charges are:
- Low Range – Prescribed Concentration of Alcohol (PCA) reading between 0.05-0.079
- Mid Range Drink Driving- PCA reading between 0.08-0.149
- High Range Drink Driving- PCA reading of 0.15 or higher.
When a person is found guilty of drink driving the Courts consider a number of factors in deciding what punishment to impose. These factors include whether you have completed a traffic education program, whether you had a reason for driving at the time of the offence, the manner in which you were driving (e.g. were you simply pulled over for a random breath test or driving erratically/dangerously) and your need for a Driver License.
If you are convicted of a drink-driving offence and it is your first offence the following penalties may be imposed:
- Low Range – $1,100 fine and license disqualification of 3-6 months
- Mid Range – $2,200 fine, maximum prison sentence of 9 months and license disqualification of 6-12 months
- High Range – $3,300 fine, maximum prison sentence of 18 months, license disqualification of 6-9 months and a 2 year interlock period.
“Interlock” refers to the mandatory installation of an interlock device on your vehicle which will not permit you to operate the vehicle if you have any alcohol in your system. If you have to serve a mandatory interlock period you cannot drive any vehicle that does not have an interlock device fitted.
If you are charged with more than one drink-driving offence during any five year period the penalties are much more severe and mandatory interlock periods apply to any offence that is not a first offence.
Think twice before driving a car with alcohol in your system. Not only do you have safety to consider, but the penalties can be quite significant. If you have found yourself on the wrong side of the law, contact Complete Legal and Conveyancing for some advice.
