Understanding Mid Range PCA Offence and Penalties in NSW

Mid-range PCA (Prescribed Concentration of Alcohol) is a mid-level drink driving offence in New South Wales that carries serious penalties. Being charged with a mid-range PCA – sometimes called a “middle range PCA” – means you were caught driving with a PCA of 0.08 to 0.149, which is above the low-range limit and below the high-range threshold. A mid-range PCA conviction results in a criminal record, licence disqualification, fines, and possibly jail time. These consequences can impact your employment opportunities, freedom to drive, and personal relationships. In this post, we explain what a mid-range PCA charge involves, the penalties you face, and what you should do if you’re charged. We’ll also answer frequently asked questions about mid-range drink driving in NSW.

Important: If you have been charged with mid-range drink driving, seek legal advice as soon as possible. The information below will help you understand the situation, but every case is different. An experienced traffic lawyer can guide you through the court process and fight for the best outcome.

What is a Mid-Range PCA Offence in NSW?

“Mid-Range PCA” stands for Mid-range Prescribed Concentration of Alcohol. Under NSW law, it is an offence to drive or attempt to drive a motor vehicle with a mid-range level of alcohol in your breath or blood. In simple terms, this means driving with a BAC of 0.080 to 0.149. Mid-range PCA is more serious than low-range (0.05 to 0.079 BAC) but less serious than high-range (0.150 and above).

When charged with a mid-range PCA offence, it’s not only driving that’s illegal – even if you’re just sitting in the driver’s seat and attempting to start the car while over the limit, or supervising a learner driver with that BAC, you can be charged. In practice, most people are charged after a police roadside breath test confirms their BAC is in the mid-range. NSW Police have the power to immediately suspend your driver licence on the spot if you’re caught mid-range drink driving. This means from the moment of charge, you will be off the road. You will also receive a Court Attendance Notice, which means you must attend court to answer the charge – mid-range PCA cannot be dealt with by just a fine or infringement notice; it is a court matter.

Mid-Range vs. Other Drink Driving Offences

For context, NSW categorises drink driving offences by range:

• Novice range PCA – BAC above 0.00 for L or P plate drivers.
• Special range PCA – BAC 0.02 to 0.049 for drivers who must maintain under 0.02 (e.g. professional drivers).
• Low range PCA – BAC 0.05 to 0.079 (for fully licensed drivers).
• Mid-range PCA – BAC 0.08 to 0.149 (this offence).
• High range PCA – BAC 0.150 and above.

Mid-range PCA is a criminal offence, so a conviction will appear on your criminal record.

Mid-Range PCA Penalties in NSW

Being convicted of a mid-range drink driving charge in NSW will result in significant penalties. Even if it’s your first offence, the law mandates certain minimum punishments on conviction. Here are the key penalties you should be aware of:

• Fines: For a first-time mid-range PCA offence, the maximum fine is $2,200. For a second or subsequent offence, the maximum fine jumps to $3,300. The court will determine the fine based on your circumstances.
• Imprisonment: Mid-range drink driving can lead to jail time, especially for repeat offenders or aggravated forms of the offence. The maximum prison sentence is 9 months for a first offence, and 12 months for a second or subsequent offence.
• Criminal Conviction: A mid-range PCA conviction means you will have a criminal record. In some cases, it may be possible to avoid a conviction, but this is not common for mid-range PCA matters.

Licence Disqualification and Interlock Requirements

One of the most significant impacts of a mid-range PCA conviction is losing your driver’s licence. In NSW, if you’re convicted of mid-range drink driving, licence disqualification is mandatory. The length of disqualification can vary:

• First offence: The court must disqualify you from driving for at least 3 months (and up to 6 months) with a minimum interlock period of 12 months.
• Second or subsequent offence (within 5 years): The penalties get tougher. The minimum disqualification is 6 months (up to 9 months) with a minimum interlock period of 24 months.

During any disqualification period, you cannot drive at all. Driving while disqualified is a separate serious offence, so it’s simply not worth the risk. It’s important to plan for how you will manage without a licence (transport for work, family commitments, etc.) in the months or years of disqualification.

Immediate Licence Suspension: As mentioned, police can and will usually suspend your licence immediately when you are charged with mid-range PCA. This police-issued suspension is in effect until your court case is finished. If you receive a non-conviction outcome, the Immediate Licence Suspension is lifted.

What to Do If You’re Charged with Mid-Range PCA

From the moment of charge, a legal process kicks off that you need to navigate. Here’s what you should consider doing:

• Seek Legal Advice: Before your court date, consult an experienced traffic lawyer. Drink driving law in NSW is complex, and a lawyer can advise you on the possible outcomes.
• Understand the Charges: The police will have a breath analysis reading as evidence of your PCA. Your lawyer will help determine if you have grounds to plead not guilty and possibly defend the charge.
• Plead Guilty: In many mid-range PCA cases, the best course is to plead guilty and focus on mitigation of penalty. 
• Aim for a No Conviction if Possible: In NSW, the court has discretion to deal with an offence without recording a conviction. For a mid-range drink driving charge, getting no conviction is difficult but possible in appropriate cases. For example, if you have an otherwise outstanding driving record, a low-range mid reading (closer to 0.08) with no accident, and compelling personal circumstances, the court might be persuaded to spare you a conviction (and thus you’d avoid licence disqualification and fines). However, non-convictions for mid-range PCA are rare.

Throughout this process, having a drink driving lawyer by your side is extremely beneficial. They can advocate on your behalf in court, ensuring the Magistrate hears all the positive aspects of your case. 

Frequently Asked Questions about Mid-Range Drink Driving

1. What does “drive with mid-range PCA” mean?

“Drive with mid-range PCA” is the formal charge for mid-range drink driving in NSW. It means you were caught driving with between 0.080 and 0.149 of alcohol in your system 

2. What are the penalties for a first-time mid-range PCA offence?

For a first offence mid-range PCA, the maximum penalties include a fine of up to $2,200 and/or 9 months imprisonment. You will also face a mandatory licence disqualification. If you participate in the interlock program, the court can disqualify you for a minimum of 3 months (followed by 12 months of interlock). Additionally, you will have a criminal conviction. 

3. Will I lose my licence for mid-range drink driving in NSW?

Yes, if you are convicted of mid-range drink driving, losing your licence is inevitable. The duration depends on the case:

• For a first offence, courts often impose a disqualification of 3-6 months with a minimum interlock period of 12 months.
• For a second offence (within 5 years), expect a longer disqualification – typically at least between 6-12 months with a minimum interlock period of 24 months.

4. Can I avoid a conviction for a mid-range PCA charge?

Avoiding a conviction (and thus keeping your licence) for mid-range PCA is possible. In NSW, the court has the discretion to impose a Conditional Release Order without conviction. JIRS statistics suggest that less than 14% of mid-range PCA first offence result in a non-convictions outcome.  

5. Do I need a lawyer for a mid-range drink driving charge?

While it’s not legally required to have a lawyer, it is highly recommended. Mid-range PCA charges carry serious consequences, and a traffic lawyer who specialises in traffic can help protect your interests.

Facing a Mid-Range PCA Charge? Contact Us for Help.

A mid-range drink driving charge in NSW is a serious matter – but you don’t have to go through it alone. AMA Legal has experienced traffic and criminal lawyers who have helped many clients.

Contact us on (02) 8610 3764 a free consultation about your mid-range PCA charge.