Author: Phillip Gibson
Low Range means a blood alcohol concentration upon breath analysis or blood analysis of 0.050 and up to (but not including) 0.08.
Our accredited criminal law specialist and indeed all of our criminal defence lawyers, drink driving lawyers and traffic lawyers practice exclusively in criminal law – which includes drink driving. We have the expertise to give you accurate advice and answer questions that you may have.
Most people who are prosecuted for this offence are genuinely surprised that they were over the limit. Quite often it comes down to a miscalculation about how much alcohol can be consumed or how long it takes for alcohol to be eliminated from your system.
If your reading is in the Low Range, it may be possible to challenge the reading. It is important to note that police give you a certificate stating the blood alcohol concentration at the time of analysis – not at the time of driving. Quite often there is a difference between the two readings, although the different reading might still be within the same range. However, there are many instances where we have successfully challenged the reading and had the charge withdrawn – avoiding a criminal record, avoiding a conviction and avoiding loss of licence.
The penalty for a first offence within a 5 year period is a maximum fine of $1,100 and an automatic disqualification period of 6 months which can be reduced to not less than 3 months. It is possible to have no conviction recorded under ‘Section 10’ of the Crimes (Sentencing Procedure) Act and we can advise you of your prospects of achieving this result. There is no imprisonment provided for this offence.
If this is your second major offence within a 5 year period, then the maximum fine increases to $2,200 and the automatic disqualification period doubles to 12 months, able to be reduced to not less than 6 months. We can however apply to get your licence back in only 3 months!
We will provide you with advice in relation to character references, likely court outcomes, Traffic Offender Intervention Program attendance, Interlock Programs and much more.