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Low Range Drink Driving VIC

The Road Safety Act 1986 nor the Crimes Act 1958 does not really specify which alcohol levels are low range and mid-range. This is unlike New South Wales laws in which they specified what alcohol levels qualify as low range. However, Victorian law penalizes a person for drink driving once his blood alcohol concentration (BAC) is 0.05 and more.

The penalties get more severe as the BAC goes higher. First time offenders will receive infringement notices for a BAC level of 0.05 but less than 0.07.

The penalties for the offense are fines, demerit points, cancellation of license and disqualification from driving for six months. Full license holders over 26 years old will get 10 demerit points on top of the fines.

Subsequent offenders will naturally receive stiffer penalties, even a possible conviction by the court. The most natural defences for an offender in these cases are to dispute the accuracy of the BAC readings and the procedure followed by the traffic enforcers.

The penalties for drink driving traffic infringement notices are set out below:  

BAC

Licence type

Fine

Licence action / points

Less than .05

Zero BAC licence (e.g. professional drivers, P licence, L permit)

2.5 penalty units

10 demerit points

.05 to less than .07

Zero BAC licence (e.g. professional drivers, P licence, L permit) and full licence (under 26 years)

3 penalty units

Cancellation of licence/permit and disqualification for 6 months

.05 to less than .07

Full licence (26 years or older)

3 penalty units

10 demerit points

.07 to less than .15

All drivers

3 to 4.25 penalty units

Cancellation of licence/permit and disqualification for 6-14 months depending on BAC

.15 or above;

or for a  subsequent offence

All drivers


Traffic infringement notices are not issued for BAC of .15 or above, or for subsequent offences. Charges are laid for the offence and the matter is dealt with at court.

Attend Magistrates’ Court
 

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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