In New South Wales (NSW), driving with a mid-range prescribed concentration of alcohol (PCA) applies when a driver has a blood alcohol concentration (BAC) between 0.080 and 0.149. While not as severe as high-range PCA, mid-range PCA still carries significant penalties, including mandatory court appearances and potential disqualification of a driver’s licence.
What is Mid-Range PCA?
- Mid-range PCA refers to a BAC between 0.080 and 0.149.
- The offence occurs if a person is driving, attempting to drive, or sitting in the driver’s seat with the engine running.
- It is an offence under Section 110 of the Road Transport Act 2013.
Maximum Penalties for Mid-Range PCA
The penalties for a mid-range PCA charge depend on whether the offender has committed a similar offence before. Here are the maximum penalties:
- First offence:
- Fine: Up to $2,200.
- Licence disqualification: Minimum of 3 months (up to 6 months), with an automatic disqualification period of 6 months.
- Imprisonment: Up to 9 months.
- Mandatory Interlock Order for 12 months after disqualification (unless exempted).
- Second or subsequent offence (within 5 years):
- Fine: Up to $3,300.
- Licence disqualification: Minimum of 6 months (up to 9 months), with an automatic disqualification period of 9 months.
- Imprisonment: Up to 12 months.
- Mandatory Interlock Order for 24 months after disqualification (unless exempted).
Mandatory Interlock Orders
After being convicted of mid-range PCA, the court will impose a mandatory interlock order. This order requires the offender to install an alcohol interlock device in their vehicle after serving the disqualification period. The interlock device prevents the vehicle from starting unless the driver provides a breath sample showing a BAC of zero.
Key points about interlock orders:
- Interlock orders are typically mandatory for mid-range PCA convictions unless the court exempts the driver due to special circumstances.
- The interlock period generally lasts for 12 months (first offence) or 24 months (subsequent offence).
- Drivers are responsible for the costs associated with the installation, maintenance, and removal of the interlock device.
Attending Court for a Mid-Range PCA Charge
If you are charged with mid-range PCA, you must attend court. The court will decide the penalty based on factors such as your BAC level, prior driving record, and whether there were aggravating circumstances (such as dangerous driving or causing an accident).
What to expect in court:
- You will be required to enter a plea of guilty or not guilty.
- If you plead guilty, the court may take this into consideration during sentencing.
- Legal representation is highly recommended, as an experienced lawyer can help present any mitigating factors and possibly reduce the severity of your penalty.
Penalty Options
In addition to the maximum penalties, the court has discretion to consider alternative or less severe penalties depending on the circumstances of the offence and the individual’s prior record. These penalty options include:
- Fine
- Good behaviour bonds (Conditional Release Orders) without conviction, though rare in mid-range PCA cases.
- Community Corrections Orders: These may include conditions such as community service, supervision, or rehabilitation programs.
- Reduced penalties if mitigating factors (such as showing remorse, or if there are health or personal issues) are effectively presented.
Defences to a Mid-Range PCA Charge
Although mid-range PCA is a serious offence, there are some possible defences depending on the facts of your case:
- Challenge to the BAC reading: You may dispute the accuracy of the breathalyser or blood test if procedural errors occurred during testing.
- Mistaken identity: If you were not the person driving the vehicle at the time of the offence, this may be raised as a defence.
Getting Legal Assistance
If you are facing a mid-range PCA charge, it is important to seek professional legal advice. A traffic lawyer can help you navigate the complexities of the court system, explore potential defences, and work to reduce the penalties imposed by the court. They can also advise you on how to best prepare your case, including providing character references, attending a traffic offender program, and showing your commitment to not reoffending.
Conclusion
Driving with a mid-range PCA in NSW is a serious offence that carries strict penalties, including fines, licence disqualification, imprisonment, and mandatory interlock orders. If you are facing a mid-range PCA charge, attending court is mandatory, and obtaining legal advice is essential to ensure you receive the most favourable outcome. With the right preparation and representation, it may be possible to reduce the severity of the penalties or avoid some of the harsher consequences.
