Examples include: Mitigating factors may reduce the severity of the sentence. Here’s the CORRECT answer: don’t put the lives of yourself and others in danger by drink-driving. Find out more about the different types of sentence the courts can impose. NOTES: Must endorse and disqualify for at least 12 months. Disqualification Until Test Passed To act as a guide to lower courts when sentencing offenders charged with high-range PCA, the NSW Supreme Court set out a Guideline Judgment. This website uses cookies to improve your experience. Drink driving is a serious offence. If you're looking to challenge a drink driving offence at court, or before it reaches court, or are look to mitigate in order to get a ban reduction we highly recommend you speak to a … Drink Driving Sentencing Guidelines. Drink Drive Solicitors Award winning, Nationwide, Legal 500 top drink driving firm. Let us explain. Allocation, offences taken into consideration and totality, Fraud, bribery and money laundering offences, General guideline and expanded explanations in sentencing guidelines, Health and safety offences, corporate manslaughter and food safety and hygiene offences, Imposition of community and custodial sentences, Offenders with mental disorders, developmental disorders or neurological impairments, Disposals for offenders with mental disorders, developmental disorders or neurological impairments, Types of sentences for children and young people, Definitive guidelines archive of print editions, drink-drive rehabilitation scheme (DDRS) course, Sentencing guidelines for use in magistrates’ courts, Sentencing guidelines for use in the Crown Court, You be the Judge – an interactive guide to sentencing, 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams of alcohol in 100 millilitres of blood, 107 milligrams of alcohol per 100 millilitres of urine, previous convictions relating to the nature of the offence, evidence of an unacceptable standard of driving, if the driver was involved in an accident, if there was a high level of traffic or pedestrians in the vicinity, no previous convictions or relevant/recent convictions, if the driver showed remorse or was of good character, if the driver has a serious medical condition, mental disorder or learning disability, if the driver is the sole or primary carer for dependent relatives. Anyone who refuses to supply a breath sample without reasonable excuse will be arrested. Causing death by careless driving when under the influence of drink. If the offence was drive/ attempt to drive, the driver will also lose their licence for at least 12 months. Must disqualify for at least 3 years if offender has been convicted of a relevant offence in preceding 10 years – consult your legal adviser for further guidance 4. Penalties can include loss of licence, fines, prison terms and a … An excess alcohol infringement offence may compound other factors or be the “last straw on the camel’s back” in terms of collateral consequences highlighted by the podcast referred to in the … a serious road traffic collision). On 8 September 2004, the Court of Criminal Appeal handed down a guideline judgment in relation to the offence of High Range PCA (Re: Application by Attorney-General (No. Maximum: Level 5 fine and/or 6 months custody. Band C Fine: for a breath (ug) alcohol level between 36 and 59, blood level (ml) between 81 and 137 and urine level between 108 and 183 (ml); Medium level community order: for breath alcohol level between 60-89; blood level between 207-275 or urine level between 275-366; 12 weeks custody; breath level between 120-150 and above; blood level between 276-345 and above; urine level between 367-459 and above. Failing to Provide Sentencing Guidelines The punishment includes a driving ban, a fine and in some extreme cases jail time. 1. Likewise, the drink driving sentencing guidelines provide for a disqualification period from driving (for example, for the 12 to 16 months for the first category presented above that has the Band C Fine starting point). When is community service or a prison/custodial sentence likely? no previous/relevant or recent convictions; genuine emergency that was duly established; age/lack of maturity, mental disorder or learning ability as well as several others. 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