Will I lose my licence for low range drink driving?

If it is a first offence of low range drink driving, police can suspend your licence on the spot for 3 months. In addition, you will receive a monetary fine. However, it is possible to appeal this suspension. 

If police don’t suspend your licence, Transport for NSW will send you a letter advising you that your licence will be suspended for a period of 3 months. Again, it is possible to appeal this suspension. 

If you are given a Court Attendance Notice, then a magistrate can impose a licence disqualification of up to 6 months. However, it is possible to avoid losing your licence, if you are sentenced to a conditional release order without conviction. 

Will I have to go to Court for low range drink driving?

The police have the option of issuing you an infringement notice or a Court Attendance Notice for this offence.

You only need to attend Court, if you receive a Court Attendance Notice. 

Infringement notice received?

If you receive an infringement notice, you do not have to go to Court. However, you have the option of going to court by electing the infringement. As a result, your matter will be determined in Court, and you can ask the magistrate for a non conviction. This outcome will mean you do not receive a licence disqualification, or a criminal conviction.

Court Attendance Notice received?

If you receive a Court Attendance Notice, you must attend Court.

What is the maximum penalty for low range drink driving?

If pleading guilty to the offence, a magistrate can issue a fine of up to $2,200.00. In addition, the Court can disqualify your licence for a maximum of 6 months, or a minimum of 3 months.

However, it is possible to avoid a conviction if you receive a conditional release order. 

If you receive an infringement notice, you will receive a fine and your licence will be suspended for 3 months. You will not have to go to Court, unless you request this option.