Drink Driving

Depending on your drink driving charges, whether this is a first offence, your traffic record and/or criminal record; goal is a possibility. Drink Driving offences are outlined in Depending on the circumstances of the offence, your traffic record and your criminal record, gaol may be a possibility.

Drink Driving is also categorised into 3 categories or ranges:

  • Low range PCA – does not carry a term of imprisonment as its maximum penalty.
  • Mid range PCA – maximum penalty of 9months imprisonment if first offence; maximum penalty of 12 months imprisonment if second offence
  • High range PCA – maximum penalty of 18 months imprisonment if first offence; maximum penalty of 2 years imprisonment if second offence

    A ‘second offence’ is defined as a ‘second offence’ if it is your second or subsequent major offence within a period of 5 years. Repeat offending, including repeat drink driving offences, will inevitably bring you closer to full – time custody.

    What is a Section 10, and can I get one for Mid- Range PCA

    A Section 10 is where no conviction is recorded. Under a Section 10 it means that despite a plea of guilty, no conviction is recorded and you do not face a licence disqualification period.

    To give the best chance at a Section 10 you should obtain some character references that refer to your prior good character, your need for a licence, financial circumstances and any other relevant matters that may assist in the Section 10 application. You should also complete the Traffic Offenders Program. Usually, the police will suspend your licence as soon as you are charged. The court will also consider the time that you have spent off the road in their decision to grant a Section 10.

    Section 10s are not readily provided and you will need to obtain good legal representation and we can assist you here.