In New South Wales (NSW), driving with a high-range prescribed concentration of alcohol (PCA) is one of the most serious alcohol-related driving offences. A high-range PCA charge applies when a driver has a blood alcohol concentration (BAC) of 0.150 or higher. Being charged with high-range PCA carries significant legal consequences, including severe penalties and mandatory court appearances.
What is High-Range PCA?
- High-range PCA refers to a BAC of 0.150 or more.
- The charge applies whether the person is driving, attempting to drive, or occupying the driver’s seat while the engine is on.
- It is an offence under Section 110 of the Road Transport Act 2013.
Maximum Penalties for High-Range PCA
The penalties for high-range PCA depend on whether it is the driver’s first offence or a subsequent offence. These are the maximum penalties:
- First offence:
- Fine: Up to $3,300.
- Licence disqualification: Minimum of 6 months , with an automatic disqualification period of 9months.
- Imprisonment: Up to 18 months.
- Mandatory Interlock Order of 24 months after the disqualification period (unless exempted).
- Second or subsequent offence (within 5 years):
- Fine: Up to $5,500.
- Licence disqualification: Minimum of 9 months, with an automatic disqualification period of 12 months.
- Imprisonment: Up to 2 years.
- Mandatory Interlock Order after the disqualification period (unless exempted) 48months.
What is a Mandatory Interlock Order?
For most high-range PCA convictions, the court will impose a mandatory interlock order. This requires the driver to install an alcohol interlock device on their vehicle after the disqualification period has ended. The interlock device prevents the vehicle from starting unless the driver provides a breath sample that registers a BAC of zero.
Key points about interlock orders:
- Mandatory for high-range PCA unless exempted by the court due to exceptional circumstances.
- The duration of the interlock period typically ranges from 2 to 4 years.
- Drivers must pay for the installation and maintenance of the interlock device.
Attending Court for a High-Range PCA Charge
If charged with high-range PCA, you must attend court. The court process can be intimidating, but it is crucial to take it seriously, as the penalties are severe and can impact your livelihood, especially if you rely on your licence for work.
What to expect in court:
- You will enter a plea (guilty or not guilty).
- The Court will hear evidence and consider factors such as your prior driving record, whether anyone was injured, and any mitigating circumstances.
- If you plead guilty, the court may take this into account when determining your sentence.
- Legal representation can help you achieve the best possible outcome.
Penalty Options
Apart from the maximum penalties listed above, the court may also consider other penalty options, including:
- Fines
- Good behaviour bonds (Conditional Release Orders)
- Community Corrections Orders with supervision or other conditions.
- Reduced penalties if mitigating factors are presented effectively.
Defences to a High-Range PCA Charge
While a high-range PCA charge is serious, there are possible defences that may apply in some cases:
- Disputing the accuracy of the BAC reading: If there is evidence that the breath or blood test was not conducted properly, the result might be challenged.
- Medical or health conditions: In rare cases, conditions that affect BAC levels could provide a defence.
- Mistaken identity or illegal stop: If the police stopped you illegally or the identity of the driver is disputed, this may be a defence.
- The BAC reading was undertaken at the persons home: it is illegal for Police to require you to submit to a breath test at your home or usual place of residence.
Get Legal Advice
Given the severity of high-range PCA charges, it is highly recommended to seek legal advice. An experienced traffic lawyer can help navigate the court process, present any relevant defences, and advocate for a more lenient sentence where appropriate. Legal representation can also assist in applying for a Section 10 order (which avoids a criminal conviction), though this is rarely granted for high-range PCA.
Conclusion
High-range PCA charges in NSW are serious and carry significant penalties, including fines, licence disqualification, and possible imprisonment. Mandatory interlock orders are often imposed, and the court process requires careful navigation. If you’re facing a high-range PCA charge, it’s essential to understand your legal rights and seek professional legal assistance to achieve the best
