MID RANGE DRINK DRIVING | MID RANGE PCA | TRAFFIC LAWYERS SYDNEY
Mid Range PCA
Driving or attempting to drive with a blood alcohol concentration (BAC) of between 0.080 – 0.149 constitutes mid-range drink driving.
Section 110(4) Road Transport Act 2013 creates the offence of drive with mid-range PCA and provides:
- Offence--middle range prescribed concentration of alcohol
- 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.
Maximum mid-range drink driving penalties–20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).
Middle range prescribed concentration of alcohol means a concentration of 0.08 grams or more, but less than 0.15 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.
- 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.
Options
- Plead not guilty for mid-range drink driving and have the matter heard before the Court,
- Plead guilty and seek leniency from the Court.
- When the Courts consider dealing with the matter via a non-conviction, the Court look at:
- The person's character, antecedents, age, health, and mental condition,
- The trivial nature of the offence,
- The extenuating circumstances in which the offence was committed,
- Any other matter that the court thinks proper to consider.
GUIDELINE JUDGMENT HIGH RANGE PCA
When dealing with drink driving matters, the Court are guided by Application by the Attorney General under Section 37 of the Crimes (Sentencing Procedure) Act for a Guideline Judgment Concerning the Offence of High Range Prescribed Concentration of Alcohol Under Section 9(4) of the Road Transport (Safety and Traffic Management) Act 1999 (No. 3 of 2002) [2004] NSWCCA 303 (Guideline judgment).
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 disqualification and interlock orders will be in addition to the penalty for the offence which can be fines of up to $2,200 and/or imprisonment for 9 months (in the case of a first offence) or $3,300.00 and/or imprisonment for 12 months.
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:
| 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 |
The above should not be treated as legal advice but general information.
For a free consultation with a Traffic Lawyer in Sydney, call AMA Legal on (02) 8610 3764.
