MID RANGE PCA | MID RANGE DRINK DRIVING
MID RANGE PCA
Driving or attempting to drive a vehicle with a Prescribed Concentration of Alcohol (PCA) of between 0.080 – 0.149 constitutes the offence of mid-range drink driving.
Section 110(4) Road Transport Act 2013 creates the offence of drive with mid-range PCA and provides:
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 penalty: Fines of $2,200 and/or imprisonment for 9 months (in the case of a first offence) or $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.
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 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.
MID RANGE PCA DISQUALIFICATION PERIODS
If the Court convicts the driver, then the Court must disqualify the driver’s licence and impose a mandatory interlock device period.
The following disqualification and interlock periods apply:
| Offence | Minimum Disqualification period | Maximum Disqualification period | Minimum interlock period |
|---|---|---|---|
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.
For a consultation with a Traffic Lawyer, call AMA Legal on (02) 8610 3764.
