Low Range Drink Driving
An individual has committed the offence of low range drink driving when they drive a motor vehicle with a blood alcohol concentration from 0.05 to 0.079.
Second Major Offence (5 years)
Recent amendments to low range drink driving laws mean that NSW Police Officers can deal with first offence Low Range driving by issuing either:
- Infringement Notice for $561;
- Court Attendance Notice.
When issuing either an Infringement Notice or Court Attendance Notice the Police have the power to issue an immediate notice of suspension for 3-months.
The Court Process
You can elect to have an infringement notice determined by a Magistrate in the Local Court. If the Magistrate can be persuaded grant leniency will have your licence reinstated and no fine will apply. However, it is important to note if the Magistrate does not afford this leniency a criminal conviction will be recorded.
You can lodge an appeal against an immediate notice of suspension to be determined by a Magistrate in the Local Court. If successful you will have your licence reinstated. There are time limits associated to lodging this appeal.
We recommend contacting our office to discuss your options with one of our team who are experienced dealing with traffic and criminal matters.