Charged With Mid-Range Drink Driving in Tasmania - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Mid-range drink driving in Tasmania applies when your blood alcohol concentration (BAC) reads between 0.08% and 0.149%, or you refuse a breath test after driving. This charge carries mandatory licence disqualification, heavy fines up to $3,910, and possible imprisonment for up to 18 months. You need immediate legal advice because the court process moves quickly, and mistakes made now will affect your ability to drive, work, and support your family for months or years ahead.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer for mid-range drink driving in Tasmania. The Magistrates Court handles these cases with zero tolerance, and representing yourself puts your licence, employment, and freedom at serious risk.

Without proper legal representation, you face several immediate dangers. First, you might plead guilty without understanding alternative charges or defences that could reduce your penalties. Second, you won't know how to present compelling evidence for hardship applications that could allow you to drive for work or medical purposes during your disqualification. Third, you'll miss opportunities to argue for non-conviction orders that keep your criminal record clean.

A skilled traffic lawyer can challenge the breath test procedure, examine whether police followed proper protocols, negotiate with prosecutors for reduced charges, and present your circumstances in the strongest possible light. They understand which magistrates respond to different arguments and how to structure your case for the best outcome.

The cost of legal representation is minimal compared to losing your licence for 3-9 months, facing potential jail time, or having a criminal conviction affect your career permanently. Most clients who try to represent themselves later wish they had called a lawyer immediately after their charge.

What Happens Next - The Process

The court process for mid-range drink driving follows a strict timeline that starts the moment police charge you:

1. Initial charge and bail: Police will either arrest you immediately or issue a notice to appear. Your licence gets suspended automatically for 24 hours, then you receive a restricted permit allowing work and essential driving until your court date.
2. Court notice issued: You'll receive a notice requiring you to appear at your local Magistrates Court within 2-4 weeks. Common venues include Hobart Magistrates Court, Launceston Magistrates Court, or Devonport Magistrates Court depending on where the offence occurred.
3. First court appearance: You must attend in person unless your lawyer appears on your behalf. The magistrate will read the charges, ask for your plea, and set dates for future hearings if you plead not guilty.
4. Plea negotiations: If you have legal representation, your lawyer may negotiate with police prosecutors to reduce charges or agree on penalty recommendations before your final hearing.
5. Final hearing and sentencing: The magistrate will hear evidence, consider your personal circumstances, and impose penalties including fines, licence disqualification, and possibly imprisonment or community service.
6. Appeals process: You have 28 days after sentencing to appeal to the Supreme Court if you're unsatisfied with the outcome, though this requires strong legal grounds.

The entire process typically takes 6-12 weeks from charge to final sentencing, but complex cases involving technical defences can extend several months.

The Law in Tasmania

Tasmania's drink driving laws are governed by the Road Safety (Alcohol and Drugs) Act 1970 and the Traffic Act 1925. Mid-range drink driving is defined as operating a motor vehicle with a BAC between 0.08% and 0.149%, or refusing to provide a breath sample when lawfully required.

The maximum penalties for mid-range drink driving are:

• First offence: Fine up to $3,910, imprisonment up to 18 months, licence disqualification 3-18 months
• Second offence (within 5 years): Fine up to $7,825, imprisonment up to 2 years, licence disqualification 2-5 years
• Third or subsequent offence: Fine up to $11,740, imprisonment up to 3 years, licence disqualification 3 years to permanent cancellation

The Act makes licence disqualification mandatory - magistrates cannot impose zero disqualification periods, though they have discretion within the minimum and maximum ranges. For first offenders with BAC readings close to 0.08%, courts often impose the minimum 3-month disqualification, while readings approaching 0.149% typically result in 6-12 month losses.

Section 24A of the Traffic Act allows magistrates to grant work licences permitting driving for employment purposes during disqualification periods, but only in exceptional circumstances where losing employment would cause extreme hardship to you or your dependents.

Under Section 7 of the Criminal Code, magistrates can also consider non-conviction orders where recording a conviction would be disproportionate to the offence's seriousness, though this rarely applies to mid-range drink driving cases.

Mistakes to Avoid

Pleading guilty immediately without legal advice: Many people assume they have no defence because they failed the breath test, but experienced lawyers regularly identify procedural errors, faulty equipment, or circumstances that reduce charges. We've seen cases where police failed to observe clients for the required 20-minute period before testing, used uncalibrated equipment, or conducted tests outside legal time limits. Pleading guilty without exploring these issues throws away potential defences.

Failing to gather character references and hardship evidence early: Magistrates heavily weight personal circumstances when setting penalties, but you need compelling written evidence ready for court. Generic character references from friends don't help - you need detailed letters from employers explaining how licence loss affects your job, medical certificates showing health conditions requiring driving, and financial statements demonstrating family hardship. Clients who wait until the week before court struggle to gather persuasive evidence.

Assuming imprisonment is impossible for first offenders: While magistrates rarely impose jail time for first-time mid-range drink driving, it happens when BAC readings are high, when accidents caused injury, or when offenders show no remorse. We've represented first-time offenders who received suspended sentences after appearing in court unprepared. The threat is real enough that proper preparation becomes essential.

Missing work licence application deadlines: Work licence applications require detailed evidence filed within strict timeframes before your hearing. You need employment letters detailing your driving requirements, alternative transport investigations showing no reasonable options exist, and detailed proposed conditions for restricted driving. Clients who leave applications until the last minute find courts unwilling to grant licences without proper evidence.

Ignoring the wider consequences of conviction: Mid-range drink driving convictions affect employment in transport, healthcare, education, and finance industries. They increase insurance premiums, restrict international travel, and appear on police checks indefinitely. Some clients focus only on immediate licence loss without considering how criminal convictions will impact their careers for decades ahead.

Likely Outcomes and Costs

With proper legal representation, first-time mid-range drink driving offenders typically receive fines between $800-$2,000 and licence disqualifications of 3-6 months, depending on their exact BAC reading and personal circumstances. Experienced lawyers can often secure work licences allowing essential driving during disqualification periods, particularly for clients whose employment genuinely requires driving.

Imprisonment is unlikely for first offences unless exceptional circumstances apply, such as causing accidents, driving with children in the vehicle, or BAC readings at the top of the mid-range. However, all offenders receive criminal convictions that appear on police checks permanently unless courts grant non-conviction orders, which remain rare for drink driving charges.

Representing yourself typically results in harsher penalties because magistrates see unprepared cases daily. Self-represented offenders often receive longer licence disqualifications, higher fines, and miss opportunities for work licences because they don't understand court expectations or presentation requirements.

Legal costs for mid-range drink driving representation range from $2,500-$5,000 for straightforward guilty pleas with penalty submissions, rising to $8,000-$15,000 for defended cases requiring expert evidence or technical arguments. Fixed-fee arrangements provide cost certainty, while payment plans spread expenses over several months.

The investment in proper representation typically saves money long-term through reduced fines, shorter licence disqualifications that preserve employment income, and work licences that maintain earning capacity during restricted periods. Most clients recover legal costs within months through avoided income loss and reduced penalties.

Court proceedings usually conclude within 8-12 weeks for guilty pleas, though defended matters can extend 4-6 months when expert evidence or technical defences are involved. The sooner you engage legal help, the more time your lawyer has to investigate potential defences and prepare compelling penalty submissions.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended thousands of drink driving cases across Tasmania since 2010, with traffic law specialists available in Hobart, Launceston, Devonport, and every regional court. Our 800+ lawyers nationally understand exactly what works in Tasmanian Magistrates Courts and which arguments resonate with local magistrates.

Your case starts with a detailed $295 fixed-price consultation where we examine your breath test results, police procedures, and personal circumstances to identify every possible defence and penalty reduction opportunity. We'll explain your realistic options, likely outcomes, and total costs upfront - no surprises or hidden fees.

Our Tasmanian traffic specialists regularly achieve outcomes self-represented clients cannot: work licences for essential driving, minimum disqualification periods, reduced fines, and occasionally non-conviction orders that preserve clean criminal records. We know which magistrates respond to hardship arguments, how to present technical defences effectively, and when plea negotiations can reduce charges.

We handle everything from court appearances to paperwork filing, keeping you informed at every stage while minimizing time away from work and family commitments. Our lawyers appear in your local court regularly and understand how each magistrate approaches drink driving cases.

With a 4.5-star rating from 780+ reviews, clients consistently praise our practical advice, transparent pricing, and commitment to achieving the best possible outcomes in difficult circumstances. We've helped drivers keep their licences, avoid jail time, and minimize the career impact of drink driving charges.

Don't let mid-range drink driving destroy your licence, employment, or future. Call our 24/7 hotline on 1300 636 846 now for immediate advice, or book your consultation online at gotocourt.com.au/book. Every day you delay reduces our ability to investigate defences and prepare your case properly.