Prescribed Concentration of Alcohol (PCA)
Drink Driving is among the most common offences dealt with by Local Courts in New South Wales. Notwithstanding its common nature, drink driving is a serious offence and is always treated as such. Depending on the seriousness of the charge the consequences can be very severe and in some cases may result in a term of imprisonment.
The average individual is unlikely to go to jail for an offence of Drink Driving though very lengthy licence disqualification periods apply. It is important to consult an experienced lawyer to ensure that your chances of avoiding a licence disqualification or reducing the licence disqualification is maximised.
Novice Range
Any person who is subject to a zero alcohol limit while driving may be charged with a novice range PCA charge. Broadly speaking, this offence will usually apply to persons who have a special licence such as a learners licence, P1 licence or P2 licence. The charge also applies to persons driving without a valid licence, including suspended and disqualified drivers.
Special Range
The offence of special range PCA is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration of between 0.02 and 0.049.
The maximum penalty for this charge depends on whether a person is a first offender or repeat offender. In either case, the starting point in sentencing would be for a criminal conviction to be recorded, a fine to be imposed and the offender’s licence disqualified.
The automatic disqualification period for a first offender is 6 months. The automatic disqualification period for a repeat offender is 12 months.
Low Range
The offence of Low Range PCA is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration from 0.05 to 0.079.
The maximum penalty for this charge depends on whether a person is a first offender or repeat offender. In either case, the starting point in sentencing would be for a criminal conviction to be recorded, a fine to be imposed and the offender’s licence disqualified for 6 months.
Mid Range
The offence of mid-range PCA is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration from 0.08 to 0.149.
Following the recording of a criminal conviction the maximum penalty for a first offender is a fine of $2,200 and/or 9 months imprisonment, and automatic licence disqualification for 12 months. The maximum penalty for a repeat offender following the recording of a criminal conviction is a fine of $3,300 and/or 12 months imprisonment, and automatic licence disqualification for 3 years.
High Range
The offence of high range PCA is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration of 0.150 or above.
The maximum penalty for a first offender on the recording of a criminal conviction is a fine of $3,300 and/or 18 month imprisonment, and an automatic licence disqualification for 3 years. The maximum penalty for a repeat offender on the recording of a criminal conviction, is a fine of $5,500 and/or 2 years imprisonment and an automatic licence disqualification for 5 years.
| First offence within 5 years | Second alcohol-related major offence within 5 years | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| Offence | Max. fine |
Max. gaol (months) |
Min. disq. (months) |
Max. disq. (months |
Interlock period (months) |
Max. fine |
Max. gaol (months) |
Min. disq. (months) |
Max. disq. (months) |
Interlock period (months) |
| Novice range PCA | $1,100 | N/A | 3 | 6 | N/A | $2,200 | N/A | 1 | 3 | 12 |
| Special range PCA | $1,100 | N/A | 3 | 6 | N/A | $2,200 | N/A | 1 | 3 | 12 |
| Low range PCA | $1,100 | N/A | 3 | 6 | N/A | $2,200 | N/A | 1 | 3 | 12 |
| Mid range PCA | $2,200 | 9 | N/A | $3,300 | 12 | 6 | 9 | 24 | ||
| High range PCA* | $3,300 | 18 | 6 | 12 | 24 | $5,500 | 24 | 9 | 9 | 48 |