Mid Range PCA
What is Mid Range PCA?
Mid range PCA is the offence of driving or attempting to drive a vehicle with a Prescribed Concentration of Alcohol (PCA) of between 0.080 – 0.149.
Section 110(4) Road Transport Act 2013 creates the offence of drive with mid range PCA and states:
A person must not, while there is present in the person’s breath or blood the middle range prescribed concentration of alcohol:
- drive a motor vehicle, or
- 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.
Mid Range PCA Penalties: Maximum fine of $2,200 and/or imprisonment for 9 months (in the case of a first offence). Maximum fine of $3,300 and/or imprisonment for 12 months (in the case of a second or subsequent offence).
If you are charged with drive with mid-range PCA, the Police will arrest you and serve you with:
- Court attendance notice, and
- An immediate licence suspension notice.
Mid Range PCA Penalties NSW
Mid range PCA penalties for a first offence are:
Maximum fine of up to $2,200 and/or sentence of up to 9 months’ imprisonment.
Mid range PCA penalties for a second or subsequent offence are:
Maximum fine of up to $3,300 and/or sentence of up to 12 months’ imprisonment.
If the Court convicts the driver for mid range drink driving, then the Court must disqualify the driver’s licence and impose a mandatory interlock device period.
The following disqualification and interlock periods apply for mid range PCA in NSW:
| Offence | Minimum Disqualification period | Maximum Disqualification period | Minimum interlock period |
|---|---|---|---|
|
Mid-range PCA (first offence) |
3 months |
6 months |
12 months |
|
Mid-range PCA (second or subsequent offence) |
6 months |
9 months |
24 months |
Interlock Devices for Mid Range PCA Offence
Interlock devices are electronic breath-testing devices that connect to a vehicle’s ignition system. Before a person can start the vehicle, they must first complete a breath test using the interlock device. If the device detects alcohol in the person’s system, then the vehicle will not start.
Additionally, the interlock device may require random breath tests during the journey, which the driver must pass to continue driving. Furthermore, the device uses a camera to take a photo of the person providing the breath sample.
Options When Facing a Mid Range PCA Charge
When charged with Mid Range PCA in NSW, the defendant has the following legal options:
- Plead not guilty and have the matter heard before the Court, or
- Plead guilty and seek leniency from the Court by asking for a non-conviction order.
When the Courts consider dealing with a mid range PCA offence via a non-conviction, the Courts consider:
- The person’s character, antecedents, age, health, and mental condition,
- The trivial nature of the offence,
- Whether the offender committed the offence under extenuating circumstances,
- Any other matter that the court thinks proper to consider.
- conviction with a fine,
- licence disqualification period and
- an interlock licence period.
FAQ About Middle Range PCA NSW
What are the penalties for a mid range PCA in NSW?
For a first offence, the maximum penalty for a mid range PCA in NSW is a $2,200 fine and/or up to 9 months’ imprisonment. The court can also disqualify your licence for 3 to 6 months, followed by a 12-month mandatory interlock period on recording of a conviction.
For a second or subsequent offence, the maximum fine increases to $3,300, imprisonment increases to 12 months maximum, and the disqualification period ranges from 6 to 9 months, followed by a 24-month interlock period.
Can I lose my licence for a middle range PCA offence in NSW?
Yes. If you are convicted of a mid range PCA offence in NSW, the court will disqualify your driver’s licence. For a first offence, the disqualification period is between 3 and 6 months, followed by a 12-month interlock period. For a second or subsequent offence, the disqualification is between 6 to 9 months, followed by 24 months on an interlock licence.
Is a mid range PCA offence a criminal offence in NSW?
Yes. A mid range PCA offence is a criminal offence in NSW. If the court records a conviction, it will appear on your criminal record. However, in appropriate cases, the court may deal with the offence via a non conviction order which would not result in any disqualification or interlock periods.
Can I go to jail for a mid range PCA offence in NSW?
Yes. Imprisonment is a possible penalty for a mid range PCA offence in NSW. For a first offence, the maximum term of imprisonment is 9 months. For a second or subsequent offence, the maximum increases to 12 months. While a jail sentence is an option of last resort, it remains a sentencing option available to the court in appropriate cases.
What is considered a middle range PCA offence in NSW?
A middle range PCA offence in NSW occurs when a person drives or attempts to drive with a blood alcohol concentration (BAC) between 0.080 and 0.149. It is more serious than a low range PCA but less severe than a high range PCA. The offence carries penalties including fines, imprisonment, licence disqualification, and mandatory interlock orders
What happens if you are caught driving with a middle range PCA in NSW?
If you are caught driving with a middle range PCA in NSW, you will be taken to a Police station for a breath analysis. If the breath analysis shows a reading in the mid range PCA category, you will be charged and issued with a Court Attendance Notice and a notice of immediate licence suspension. The Police will then consider whether you should be released on bail.
Can I avoid a conviction for a mid range PCA offence in NSW?
Yes. In appropriate cases, the court can decide not to record a conviction for a mid range PCA offence in NSW. If a conviction is not recorded, you will not have a criminal record, and no disqualification or interlock period will apply. However, discretion to not record a conviction is only exercised in suitable cases, depending on the circumstances of the offence and your personal background.
Get Legal Advice for Your Middle Range PCA Offence
If police have charged you with a mid range PCA offence in NSW. Our experienced drink driving lawyers can help you understand your options, and work toward the best possible outcome. Contact AMA Legal today for a free confidential consultation.
RELATED ⇒ High Range PCA
If police catch you driving with a blood alcohol concentration over 0.150, they will charge you with High Range PCA under section 110(5) of the Road Transport Act 2013 (NSW). As a result, this is considered the most serious drink driving offence and therefore attracts significantly harsher penalties than mid-range PCA charges.
Learn more about High 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. Substances such as THC, Speed, Ecstasy, or cocaine—in your system, even if you’re not impaired at the time. Importantly, this offence is distinct from PCA charges and is prosecuted separately under the Road Transport Act 2013 (NSW).
Learn more about drive with illicit drug offence NSW.
For a consultation with a Traffic Lawyer, call AMA Legal on (02) 8610 3764.
