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Special Range

For drivers who are defined as 'special category drivers' (as defined in section 8 of the Road Transport (Safety & Traffic Management) Act 1999) it is an offence to drive a motor vehicle or occupy the driving seat and put the vehicle in motion if there is within their blood a Blood Alcohol Concentration (BAC) of more than 0.02 grams and less than 0.05 grams of alcohol in 100 millilitres of blood.  It is also an offence to be assisting a learner driver while there is that level of alcohol in your blood.

The penalty is:

Maximum court imposed fine: 1st offence $1,100 subsequent offence $2,200

Maximum gaol term: not applicable

Disqualification:

1st offence: automatic - 6 months; minimum - 3 months; maximum - unlimited

subsequent offence: automatic - 12 months; minimum - 6 months; maximum - unlimited

The automatic period applies in the absence of a specific court order.

Most people require a driver licence for their work or daily responsibilities and keeping their licence is their primary concern. A court that is properly advised may exercise its discretion not to record a conviction (section 10 of the Crimes (Sentencing procedure) Act 1999). Not only will that result in the offender not incurring a fine or other penalty, it also means that their driver licence cannot be disqualified.

In certain circumstances the matter should be defended. You may be able to challenge the police relying on the breath analysis because time limits apply to whether the analysis is a reliable reading AT THE TIME OF DRIVING. Also the police are restricted from demanding a breath test if you are on your premises.

We have been setting the standards in professional preparation and advocacy in these matters for over a decade. Contact Lenz Legal for expert and personalised recognition of you and your family's particular requirements. Call us to see what is possible.