Our Result - Drink Driving - 1200153

Reference: 1200153

Charge

1. Charge - Drink Driving Category 1 offence
2. Blood Alcohol Concentration (BAC) of 0.073

Maximum Penalty

The maximum penalty the Court may impose varies depending on your blood alcohol reading and whether or not you have committed this offence before. If your blood alcohol reading was between 0.05 grams and 0.079 grams, the following penalties apply: First Offence $1,100 Automatic disqualification of not less than 3 months 4 incurred Second Offence $1,100 Automatic disqualification of not less than 6 months 4 incurred Third Offence $1,100 Automatic disqualification of not less than 9 months 4 incurred If your blood alcohol reading was between 0.08 grams and 0.149 grams, the following penalties apply: First Offence $1,300 Automatic disqualification of not less than 6 months 5 incurred Second Offence $1,600 Automatic disqualification of not less than 1 year 5 incurred Third Offence $2,200 Automatic disqualification of not less than 2 years 5 incurred If your blood alcohol reading was above 0.15 grams, the following penalties apply: First Offence $1,600 Automatic disqualification of not less than 1 year 6 incurred Second Offence $2,400 Automatic disqualification of not less than 3 years 6 incurred Third Offence $2,900 Automatic disqualification of not less than 3 years 6 incurred It may be possible to reduce these penalties if the offence was trifling.

Penalty Received

Fine of $300, plus an impoundment fee of $894 Disqualified from driving for seven weeks and one day

Circumstances

The client was at a hotel and had their first drink around 5 pm and had their last drink just before leaving.  They state that they only had 2 glasses of wine.  They were pulled over by police after doing a U-turn to avoid a driver testing station.  The defendant was adamant that they only had 2 glasses of wine and cannot explain the initial reading of 0.108.  The blood alcohol concentration was downgraded to 0.073 later.

Location where drink driving offence occurred: Novar Gardens