Drink driving charges are filed against the erring driver according to the blood alcohol concentration present in his blood when apprehended and whether the driver exceeded the prescribed alcohol content level for each offense.
The penalty imposed is based on the type of the license the driver is holding and whether the commission is the first, second or subsequent one. Low range drink driving is committed if there is blood alcohol content of 0.05 but less than 0.08 in the system of the apprehended driver.
The maximum penalties and fines imposed on those found guilty of committing this offense if committed for the first time is $1, 100 without any threat of jail time. However, if committed for the second time or more, a fine of $2, 200 will be imposed by the magistrate court.
There is also an additional penalty of license disqualification applied to those convicted of low range drink driving which has the minimum duration of three months. However, if what was imposed is automatic license disqualification, the convicted driver of low range drink driving cannot drive for six months.
If this offense was committed for a second time or more, automatic license disqualification period of 12 months shall be imposed. However, the court in its discretion may impose a minimum disqualification period of 6 months only.
Low range drink driving offense should not be treated lightly by the public. Low range drink driving is considered a serious offense. The community must be wary that the penalty imposed, though there is no jail time, is already burdensome for the first time offender, how much more if committed for the second time. To be stripped off of the privilege to drive even for three months only would put the driver in a very inconvenient situation. Imagine traveling as commuter when you are used to drive your vehicle or to be unemployed for three to six months.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.