Drink driving is a serious offence in New South Wales, and mid-range PCA (Prescribed Concentration of Alcohol) charges sit in a particularly significant category. This offence occurs when an individual operates a vehicle on a public road with a blood alcohol concentration (BAC) between 0.08 and 0.149. The penalties reflect the serious risks associated with driving under the influence, and understanding the legal implications and potential options is crucial if you find yourself facing these charges.
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Table of Contents
Penalties for Mid-Range Drink Driving
Will a Mid-Range PCA Offence Result in a Criminal Record?
Can You Avoid a Criminal Conviction for Mid-Range PCA?
Understanding the Mandatory Interlock Program
Are Interlock Exemptions Possible?
Seek Legal Assistance
Frequently Asked Questions
Penalties for Mid-Range Drink Driving in NSW
First Offence
For a first-time conviction of mid-range PCA, the maximum penalty is 9 months’ imprisonment and a fine of 20 penalty units. When it comes to licence disqualification:
Maximum disqualification: 12 months
Minimum disqualification: 6 months
Additionally, mid-range PCA offences are subject to the mandatory interlock scheme, which involves:
A disqualification period of 3–6 months, followed by
A 12-month interlock program requiring the installation of an interlock device in your vehicle.
Repeat Offence
For repeat offenders, the penalties increase significantly:
Maximum penalty: 12 months’ imprisonment and a fine of 50 penalty units
Licence disqualification:
Maximum: 3 years
Minimum: 12 months
Mandatory interlock requirements are stricter, including:
Disqualification for 6–9 months
Participation in a 24-month interlock program
Will a Mid-Range PCA Offence Result in a Criminal Record?
In most cases, yes. Mid-range drink driving in NSW is treated as a serious offence due to the elevated Blood Alcohol Content (BAC) and associated risks. A conviction will likely lead to a criminal record, impacting employment, travel, and other aspects of life.
Can You Avoid a Criminal Conviction for Mid-Range PCA?
While it’s challenging, avoiding a conviction is possible under specific circumstances. The court may exercise leniency through:
Section 10(1)(a) Dismissal: No conviction recorded, and no further conditions imposed. Learn more about how to use a Section 10 Dismissal here.
Conditional Release Order (CRO) Without Conviction: Requires adherence to conditions such as good behaviour for a set period.
It’s worth noting that under Section 203 of the Road Transport Act 2013, non-conviction orders for drink driving offences are limited to one within a five-year period.
Understanding the Mandatory Interlock Program
If convicted of a mid-range PCA offence, you’ll likely participate in the mandatory interlock program, which requires:
Medical Assessment: Obtain a “drink-less” medical certificate from your GP.
Interlock Installation: Install the device in your vehicle through an approved provider.
Breath Monitoring: Blow a nil alcohol reading to start your car and at random intervals while driving.
Failure to comply with interlock conditions or tampering with the device could result in additional charges or penalties.
Are Interlock Exemptions Possible?
Yes, but exemptions are rare and must meet specific criteria, such as:
Lack of access to a vehicle.
Medical conditions preventing breath samples.
Severe hardship caused by participation in the program (first offences only).
If granted an exemption, the disqualification period increases to a minimum of 6 months and a maximum of 12 months.
Seek Legal Assistance
If you’re facing mid-range PCA charges, navigating the legal system can be complex and stressful. At Byron Lawyers Group, we specialise in providing tailored legal advice and representation to ensure the best possible outcome for your case.
Contact us at (02) 8866 4810 or visit Byron Lawyers Group to schedule a consultation. Let us guide you through this challenging time with expertise and care.
Frequently Asked Questions
1. Where Are Mid-Range PCA Cases Heard?
Mid-range PCA charges are dealt with in Local Court before a magistrate.
2. How Serious Are These Charges?
Mid-range PCA is considered a serious offence. Unlike some driving infractions, you cannot simply pay a fine. However, first-time offenders rarely face imprisonment unless aggravating factors are present.
3. Can BAC Breath Analysis Results Be Challenged?
Yes. The breath analysis might not accurately reflect your BAC at the time of driving. Factors such as alcohol absorption rates, food intake, and the timing of your last drink can affect results. Legal advice can help assess the validity of your BAC reading and potentially challenge the evidence.
4. Could My BAC at the Time of Driving Be Lower Than the Test Results?
Absolutely. Alcohol absorption rates mean your BAC may rise after you’ve stopped driving, leading to a higher reading during the breath analysis. It’s possible that your BAC at the time of driving was within legal limits.
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