The various drink driving charges are categorised dependant on the Blood Alcohol Concentration (BAC) reading / limits: Novice Range, Special Range PCA, Low Range PCA, Mid Range PCA, High Range PCA. More detail about the BAC limits and penalties are provided below.

The courts consider PCA offences as prevalent in the community and as such place more weight on deterrent aspects of punishment.

This means that the courts will punish you more severely to deter others from committing the same offence or will give you a harsh penalty to prevent you from committing the offence again.

It is therefore essential to put your best case forward, backed up by well-considered and organised character material. This process is not just gathering material – to be most effective, character material should be tailored to your individual circumstances.

Let us provide you with an individualised list of material so that your case is presented in the best light.

The basic road transport rules in relation to PCA offences are as follows:

Novice Range PCA (BAC between .001 and .019) – applies to all licence holders that have a zero BAC limit such as:

Learner drivers
Provisional 1 (red P plate) drivers
Provisional 2 (green P plate) drivers
Visiting drivers / riders holding an overseas or interstate learner or provisional licence

Special Range PCA (BAC between .02 and .049) .02 BAC limits apply to:

Drivers of public vehicles such as taxi or bus drivers;
Drivers carrying dangerous goods;
Drivers of vehicles whose “gross vehicle mass” is greater than 13.9 tonnes;

Low Range PCA (BAC between .05 and .079) .05 BAC is the legal limit for all licences, including overseas and interstate licence holders

The maximum penalty for a Novice Range, Special Range, and Low Range PCA offence is $1,100 and an automatic disqualification of 6 months, with a minimum disqualification of 3 months, assuming that there are no other major traffic offences within a 5 year period.

If there is another major traffic offence within the last 5 years, the interlock licence provisions apply and the penalties increase to $2,200 with a licence disqualification period between 1 and 3 months in addition to a minimum interlock licence period of 12 months.

Mid Range PCA (BAC between .08 and .149)

The maximum penalty for a Mid Range PCA offence is imprisonment for 9 months and a fine of $2,200 and an automatic disqualification of 12 months, with a minimum disqualification of 6 months, assuming that there are no other major traffic offences within a 5 year period.

If there is another major traffic offence within the last 5 years, the interlock licence provisions apply and the penalties increase to imprisonment for 9 months and a fine of $2,200 with a licence disqualification period between 6 and 9 months in addition to a minimum interlock licence period of 24 months.

High Range PCA (BAC over .150)

High Range PCA is one of the more serious traffic matters. In 2004 the New South Wales Court of Criminal Appeal (NSW CCA) delivered a guideline judgement where it gave guidance as to how a Local Court Magistrate or District Court Judge should deal with High Range PCA offences.

It indicated that if there are multiple aggravating features present to a significant degree or where there is a previous high range PCA, the person should go to jail.

The statistics relied upon by Prosecutors are that a person is 25 times more likely to have an accident if in the High Range PCA BAC range.

The maximum penalty for a High Range PCA offence is imprisonment for 18 months and a fine of $3,300 and the interlock provisions apply which means a licence disqualification period between 6 and 9 months in addition to a minimum interlock licence of 24 months, assuming that there are no other major traffic offences within a 5 year period.

If there is another major traffic offence within the last 5 years, the interlock licence provisions apply and the penalties increase to imprisonment for 2 years and a fine of $5,500 with a licence disqualification period between 9 and 12 months in addition to a minimum interlock licence period of 48 months.

YOUR NEXT STEPS WHEN YOU ARE CHARGED WITH A DRINK DRIVING OFFENCE

Contact us. Early contact with your legal adviser is extremely important, so that you can start to take the right actions immediately, such as booking into a Driver's Education Program, seeing your General Practitioner or seeing a counsellor.
Gather Material. You are often provided with a copy of the official BAS reading and Custody Management Record on the day of the offence. However, the Police will send out in the mail the Court Attendance Notice ("CAN") and Police Fact Sheet. You should go through these documents with your solicitor as soon as possible after your receive them. You should also type a short version about what happened on the day in question and the lead up to what happened. Witness statements can also be obtained and you should obtain a copy of your Roads and Maritime ("RMS") Traffic Record.
Prepare. Your best chance in achieving the outcome that you want is to prepare your case properly. Let us help you.

If you have a question about the processes involved in arrest or charge, or attending court and what charges you face or need help understanding what the police are saying to you, contact us by phone on 02 6921 3220 or make a website enquiry. We will get back to you promptly.

Principal Solicitor and Director, Zac Tankard, has been helping Riverina locals charged with criminal and traffic offences since 1998. There is no one better qualified to get behind you when you need it most.