High Range PCA Charges & Penalties
High Range PCA
The offence of High Range PCA is driving or attempting to drive a vehicle with a Prescribed Alcohol Concentration (PCA) of 0.15 or higher. High Range PCA is contrary to section 110(5) Road Transport Act 2013 which states:
A person must not, while there is present in the person’s breath or blood the high range prescribed concentration of alcohol:
- drive a motor vehicle,
- occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
- if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) — occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.
High Range PCA Penalties
High range PCA penalties in NSW are among the harshest for drink driving offences. The high range PCA penalties reflect the seriousness of such offences.
Penalties High Range PCA (first offence) are:
- Maximum fine: $3,300
- Maximum imprisonment: 18 months
Second or Subsequent offence penalties for High Range PCA are:
- Maximum fine: $5,500
- Maximum imprisonment: 2 years
If you are charged with drive with high range PCA, the Police will arrest you and serve you with:
- Court attendance notice, and
- An immediate licence suspension notice.
If you are facing high range PCA, penalties can be serious. It is essential to seek legal advice from experienced traffic lawyers who can guide you through the process and work toward the best outcome.
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Options when charged with High Range PCA
On the first Court date for high range PCA, the defendant has the following options:
- Plead not guilty and have the matter heard before the Court, or
- Plead guilty and seek leniency from the Court on sentence, or
- Ask for a short adjournment for legal advice.
High Range PCA Guideline Judgement
When dealing High Range PCA offences, the Courts follow the Guideline judgment. The Guideline Judgment clarified the factors that the Court should consider when sentencing offenders for high-range PCA and to provide guidance on the appropriate range of sentences.
ORDINARY CASE OF HIGH RANGE PCA
An ordinary case of high range PCA offence is where:
- the offender drove to avoid personal inconvenience or because the offender did not believe that they were sufficiently affected by alcohol,
- the Police detected the offender by a random breath test,
- the offender has prior good character,
- the offender has nil, or a minor, traffic record,
- the offender’s licence was suspended on detection,
- the offender pleaded guilty,
- the offender poses little or no risk of re-offending,
- the offender would be significantly inconvenienced by the loss of their licence.
In sentencing an ordinary case of high range PCA:
- a non-conviction order will rarely be appropriate.
- a conviction cannot be avoided only because the offender has attended, or will attend, a driver’s education or awareness course.
- the automatic disqualification period will be appropriate unless there is a good reason to reduce the period of disqualification.
A good reason to reduce the period of disqualification may include:
- the nature of the offender’s employment,
- the absence of any viable alternative transport to the offender,
- sickness or infirmity of the offender or another person.
In sentencing an ordinary case of a second or subsequent high range PCA offence:
- a non-conviction bond will rarely be appropriate.
- a non-conviction dismissal will very rarely be appropriate.
- where the prior offence was a high range PCA, any sentence of less severity than a community service order would be inappropriate.
HIGH MORAL CULPABILITY HIGH RANGE PCA CASE
The moral culpability of a high range PCA offender is increased by:
- the degree of intoxication above 0.15,
- erratic or aggressive driving,
- a collision between the vehicle and any other object,
- competitive driving or showing off,
- the length of the journey at which others are exposed to risk,
- the number of persons actually put at risk by the driving.
In sentencing a case of high range PCA where the moral culpability is high:
- a non-conviction order or dismissal would very rarely be appropriate.
- where a number of factors of aggravation are present to a significant degree, a sentence of any less severity than imprisonment of some kind, including a suspended sentence, would generally be inappropriate.
In sentencing a case of high range PCA (second offence) where the moral culpability is high:
- a sentence of any less severity than imprisonment of some kind would generally be inappropriate.
- where any number of aggravating factors are present to a significant degree or where the prior offence is a high range PCA offence, a sentence of less severity than full-time imprisonment would generally be inappropriate.
High Range PCA | Disqualification periods
| Offence | Minimum disqualification period | Maximum disqualification period | Minimum interlock period |
|---|---|---|---|
|
High-range PCA (first offence) |
6 months |
9 months |
24 months |
|
High-range PCA (second or subsequent offence) |
9 months |
12 months |
48 months |
Our process for High Range PCA Offences
STEP 1: Contact our Traffic Lawyers
Get in touch with our traffic lawyers on (02) 8610 3764 to arrange a free confidential consultation, either in person or over the phone. We’ll assess your case and explain how we can help.
STEP 2: Consultation with our Traffic Lawyers
Speak directly with an experienced traffic lawyer to receive strategic legal advice tailored to your case. We’ll explain your options, discuss legal fees, and begin preparing your matter.
STEP 3: Early Negotiation with Police and Prosecutors
Our traffic lawyers act early to negotiate with police and prosecutors wherever possible.
STEP 4: Representation by our traffic lawyers
Our traffic lawyers will appear in court to strongly defend you. Whether defending the charges or representing you on sentence, we ensure your rights are protected at every stage.
Frequently asked Question about High Range PCA
What is High Range PCA?
High Range PCA offence usually refers to driving with a prescribed concentration of alcohol of 0.150 or higher. It is the most serious of drink driving offences in NSW and carries penalties, including possible imprisonment, heavy fines, and mandatory licence disqualifications and interlock periods.
What are High Range PCA penalties?
For a first offence, high range PCA penalties include a fine up to $3,300, 18 months imprisonment, and licence disqualification.
For a second or subsequent high range PCA offence, the fine increases to $5,500, with up to 2 years imprisonment, and longer licence disqualifications and interlock periods.
How does an interlock device work?
Interlock devices are electronic breath-testing devices which link to the ignition system of vehicles. Before a person can drive the vehicle, they will have to complete a breath test on the interlock device. If the device detects that the person has alcohol in their system, the vehicle will not start.
The interlock device may also require random breath tests which must be passed during a journey. The interlock device has a camera, which takes a photo of the person providing the breath sample.
RELATED ⇒ Mid Range PCA
If your blood alcohol concentration is between 0.80 – 0.149, the charge will be Mid Range PCA under section 110(4) of the Road Transport Act 2013 (NSW).
Learn more about Mid Range PCA penalties in NSW.
RELATED ⇒ Drive with illicit substance NSW
In NSW, it is an offence to drive with the presence of an illicit substance —such as THC, Speed, Ecstasy, or cocaine—in your system, even if you’re not impaired at the time. This offence is separate from PCA charges and is prosecuted under the Road Transport Act 2013 (NSW).
Learn more about drive with illicit drug offence NSW.
For consultation with a Traffic Lawyer, call AMA Legal on (02) 8610 3764.
