Mid-Range DUI
The client is involved in a mid-range drink driving incident that occurred in 2025 in New South Wales. Their Blood Alcohol Concentration (BAC) was 0.120%. There are no prior convictions, no witnesses, and no accident was involved. The police issued a report at the scene, and the client intends to plead guilty. Their driver's licence is currently suspended.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential penalties for a mid-range drink driving offence in New South Wales?
For a mid-range drink driving offence in New South Wales, where the Blood Alcohol Concentration (BAC) is between 0.08 and 0.149, the potential penalties include a fine of up to $2,200, a minimum disqualification period of 6 months for a first offence, and mandatory participation in an alcohol interlock program for a minimum of 12 months. Since you are pleading guilty with no prior convictions, the court may consider these factors in your sentencing. These penalties can vary based on the specific circumstances of each case, including any aggravating factors.
How can a conviction for mid-range drink driving affect my driver's licence and insurance in the future?
A conviction for mid-range drink driving in New South Wales can lead to the suspension or disqualification of your driver's licence. The length of disqualification is generally determined by the court and can vary based on individual circumstances. After disqualification, you may also face higher insurance premiums or difficulty obtaining insurance, as insurers may consider you a higher risk.
Are there any defences available for a mid-range drink driving charge that might apply in my case?
In New South Wales, available defences for a mid-range drink driving charge are limited, especially if you intend to plead guilty. However, potential defences might include questioning the accuracy of the breathalyser or blood test results or procedural errors by the police during the arrest or testing.
What steps should I take to prepare for my court appearance regarding this charge?
To prepare for your court appearance regarding the mid-range drink driving charge, consider the following steps:
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Legal Representation: Engage a lawyer experienced in traffic offences.
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Character References: Obtain written character references from reputable individuals.
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Traffic Offender Program: Enrol in a traffic offender program before your court date.
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Financial Preparation: Be aware of potential fines and have a plan for payment if necessary.
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Reflect and Prepare: Reflect on the incident and prepare a statement expressing remorse.
How might this offence impact my criminal record, and can I apply for a spent conviction?
A mid-range drink driving offence in NSW will result in a criminal record, as it is classified as a criminal offence. As you intend to plead guilty and have no prior convictions, you may be eligible to apply for a spent conviction.
In New South Wales, what is a Section 10 order?
A Section 10 order allows the court to dismiss a charge without recording a conviction. To be eligible, factors such as the nature of the offence and personal circumstances are considered.
Can I avoid conviction for this offence?
In New South Wales, it might be possible to avoid a conviction for a mid-range drink driving offence by applying for a Section 10 dismissal. This is typically more successful if you have no prior offences and demonstrate remorse.
