The main criterion to determine whether the violation is low range is if the blood alcohol concentration of the driver is between 0.05 to less than 0.08. In determining the penalty, the court will look at the character of the driver, the driving record and need for a licence.
It is in the court’s discretion whether it will issue a conviction. If it does not, the driver will not be disqualified from driving. This is especially advantageous to those who make a living by driving or need their licence in order to go to work.
Courts will also look into the number of offences that has been committed by the driver. Naturally, a first offence will receive a lighter penalty as compared to subsequent offences within a period of five years.
There are ways that can be used to dismiss a low range drink driving charge or even have the charge reduced There are particular circumstances when this can happen. This includes proving that you were not the actual driver behind the wheel at the time, the actual analysis of your breath was undertaken exceeding two hours after you were behind the wheel of your vehicle, or the breath test was administered while you were in your own home.|
On occasions, the Police PCA reading is found not to be correct and in the case of borderline readings often an offence may be reduced. The only way to prove this is through providing a full report from a qualified pharmacologist who can determine whether the reading is valid or not by evaluating your gender, age, height and weight and the type of body build you nave.
There are other considerations including what you have consumed on that particular day, if you are taking any prescription or non-prescription medicines and the quantity of alcohol you have drunk.
If you have been charged with a traffic offence or are under Police investigation, it is important that you seek legal advice.