Charges
Mid-range drink driving (PCA 0.08-0.149), first offence
Road Transport Act 2013 (NSW) s 110(4)
What is the maximum penalty for mid-range drink driving in NSW?
Maximum penalty. 20 penalty units or imprisonment for 9 months or both (first offence). Second or subsequent offence: 30 penalty units or imprisonment for 12 months or both. The Judicial Commission Local Court Bench Book states the first-offence fine as $2,200 and imprisonment 9 months, with automatic disqualification 12 months and minimum disqualification 6 months.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
This offence covers driving, attempting to put a vehicle in motion from the driving seat, or supervising a learner driver while your blood or breath alcohol concentration is in the middle range band. The prosecution proves the reading, not that your driving was actually affected. A licence disqualification follows a conviction in addition to any fine or prison term.
How it is dealt with
Summarily. Road Transport Act 2013 s 200(1): proceedings for an offence against the road transport legislation are to be dealt with summarily before the Local Court or the Supreme Court in its summary jurisdiction.
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
Related charges
Every stone turned. Every avenue pursued.
Whether you’ve been charged, arrested, or are helping a family member, the earliest advice is the most valuable.