DUI| HIGH RANGE DRINK DRIVING | TRAFFIC LAWYERS SYDNEY
High Range PCA
Driving or attempting to drive with a blood alcohol concentration (BAC) of 0.15 or higher constitutes high range drink driving.
Section 110(5) Road Transport Act 2013 creates the offence of drive with high-range PCA and provides:
High range prescribed concentration of alcohol means a concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.
If you are charged with drive with high-range PCA, the Police will arrest you and serve you with:
GUIDELINE JUDGMENT HIGH RANGE PCA
If the Court convicts the driver, then the Court must disqualify the driver’s licence and impose a mandatory interlock device period.
The disqualification and interlock orders will be in addition to the penalty for the offence which can be fines of up to $3,300 and/or imprisonment for 18 months (in the case of a first offence) or $5,500.00 and/or imprisonment for 2 years.
HOW DOES AN INTERLOCK DEVICE WORK
Interlock devices are electronic breath-testing devices which link to the ignition system of vehicles. Before you can drive your vehicle, you will have to complete a breath test on the interlock. If the device detects that you have alcohol in your body, the vehicle will not start.
Random breath tests must also be passed during a journey. The interlock has a camera, which takes a photo of you providing the breath sample.
The following disqualification and interlock periods apply:
|Minimum disqualification period
|Maximum disqualification period
|Minimum interlock period
High-range PCA (first offence)
High-range PCA (second or subsequent offence)
The above should not be treated as legal advice but general information.