The three principal prescribed concentration of alcohol (PCA) offences are:

• Low Range PCA - 0.05 to 0.079;
• Mid Range PCA - 0.08 to 0.149; and
• High Range PCA - 0.15 or more.

The applicable penalty depends upon the alcohol concentration, whether it is a first or subsequent offence, the circumstances of the offending and the driver's previous traffic history.

At Chidiac & Associates, we provide experienced criminal defence representation to clients facing drink driving charges throughout Sydney and New South Wales. We carefully examine the breath analysis evidence, the circumstances of the traffic stop, the applicable legislation and the potential licence consequences.

What is PCA?

PCA means Prescribed Concentration of Alcohol.

Under the Road Transport Act 2013 (NSW), it is an offence for a person to drive a motor vehicle on a road with a concentration of alcohol in their breath or blood that is equal to or exceeds the prescribed concentration applicable to their licence and circumstances.

The applicable PCA category depends upon the concentration of alcohol detected.

For a person subject to the ordinary full-licence alcohol limit:

Different alcohol limits apply to certain drivers, including learner and provisional licence holders and some commercial drivers.

Low Range PCA

Low Range PCA is generally the least serious of the three principal PCA offences.

A person commits a low range PCA offence where they drive with a prescribed concentration of alcohol of:

0.05 or more but less than 0.08

The offence is contained in section 110(1) of the Road Transport Act 2013 (NSW).

Penalties for Low Range PCA

For a first offence, the maximum court-imposed penalty is:

• 6 months' imprisonment;
• 10 penalty units fine; or
• both.

The applicable licence disqualification is generally:

• Automatic disqualification: 6 months
• Minimum disqualification: 3 months
• Maximum disqualification: 6 months

The court can reduce the automatic six-month period to the three-month minimum where the legislation permits it.

For a second or subsequent offence, the maximum penalty increases and the applicable disqualification period is also higher.

The precise penalty depends upon whether the person has committed a major offence or another relevant offence within the applicable five-year period.

Mid Range PCA

Mid Range PCA is a more serious offence than low range PCA.

A person commits a mid range PCA offence where they drive with a prescribed concentration of alcohol of:

0.08 or more but less than 0.15

The offence is contained in section 110(2) of the Road Transport Act 2013 (NSW).

Penalties for Mid Range PCA

For a first offence, the maximum penalty is:

• 9 months' imprisonment;
• 20 penalty units fine; or
• both.

The applicable licence disqualification is generally:

• Automatic disqualification: 12 months
• Minimum disqualification: 6 months
• Maximum disqualification: 12 months

For a second or subsequent offence, the maximum penalty and disqualification consequences increase.

A prior relevant offence within the preceding five years can therefore have a significant impact upon the penalty imposed.

High Range PCA

High Range PCA is a serious drink driving offence.

A person commits a high range PCA offence where they drive with a prescribed concentration of alcohol of:

0.15 or more

The offence is contained in section 110(3) of the Road Transport Act 2013 (NSW).

Penalties for High Range PCA

For a first offence, the maximum penalty is:

• 18 months' imprisonment;
• 30 penalty units fine; or
• both.

The applicable licence disqualification is generally:

• Automatic disqualification: 3 years
• Minimum disqualification: 12 months
• Maximum disqualification: 3 years

For a second or subsequent offence, the penalties and disqualification periods are substantially higher.

High range PCA can therefore expose a driver to both a significant period of licence disqualification and a potential term of imprisonment.

Low, Mid and High Range PCA Penalties

For ease of reference, the principal PCA offences can be summarised as follows:

These periods are subject to the particular circumstances of the offence and the driver's previous relevant offences.

Importantly, the automatic disqualification is not necessarily the final period of disqualification. Where the legislation permits, the court may reduce the automatic period, but cannot reduce it below the applicable statutory minimum.

Second or Subsequent Drink Driving Offences

The consequences become significantly more serious where a person has a previous relevant offence.

The legislation contains special provisions for second or subsequent offences, particularly where the previous offence occurred within the relevant five-year period.

Depending upon the offence and history, a person may face:

• a substantially longer licence disqualification;
• increased fines;
• an increased maximum term of imprisonment; and
• mandatory periods of disqualification.

A person's complete traffic and criminal history should therefore be considered before advising on a PCA charge.

Immediate Licence Suspension

A person charged with certain drink driving offences may have their licence suspended immediately, rather than continuing to drive while waiting for the matter to be determined by a court.

The immediate suspension provisions can apply to serious PCA offences, including high range PCA.

Whether a person is subject to immediate suspension depends upon the circumstances and the particular offence alleged.

If your licence has been suspended following a drink driving charge, it is important to obtain legal advice promptly.

How is Blood Alcohol Concentration Determined?

Police may initially conduct a roadside breath test.

If the preliminary test indicates the presence of alcohol, the driver may be required to undergo further testing, including a breath analysis.

The evidentiary breath analysis is important because the result may determine the PCA category charged.

Depending upon the circumstances, issues may arise concerning:

• the accuracy of the testing equipment;
• whether the prescribed procedures were followed;
• the timing of the test;
• whether the machine was functioning correctly;
• whether the breath sample was properly obtained;
• whether the result accurately reflected the concentration at the relevant time; and
• whether there are grounds to challenge the admissibility or reliability of the evidence.

Can I Challenge a PCA Charge?

Being charged with PCA does not mean that you are guilty.

The Prosecution must establish the offence in accordance with the applicable legislation.

Depending upon the circumstances, issues may arise concerning:

• whether you were driving the vehicle;
• whether you were driving on a road or road-related area;
• the accuracy of the breath analysis;
• the reliability of the evidence;
• whether the testing procedure was properly followed;
• whether there was a delay between driving and testing;
• whether the prescribed concentration was accurately recorded;
• whether there are grounds to challenge the Prosecution evidence; and
• whether the Prosecution can establish the offence beyond reasonable doubt.

Each matter should be assessed according to its individual facts.

Special and Medical Circumstances

In some cases, a person's circumstances may be relevant to the way the matter is dealt with.

For example, there may be evidence concerning:

• medical conditions;
• medication;
• alcohol consumption;
• the timing of alcohol consumption;
• the timing of driving;
• the timing of testing;
• unusual circumstances surrounding the offence; or
• other matters affecting the reliability or interpretation of the evidence.

The availability and relevance of any particular argument will depend upon the evidence and applicable legislation.

Drink Driving and Licence Disqualification

For many people facing a PCA charge, the loss of their licence can be more significant than the fine itself.

Licence disqualification can affect:

• employment;
• travel to and from work;
• family responsibilities;
• childcare arrangements;
• medical appointments;
• study;
• business operations; and
• financial circumstances.

The court may have a statutory power to reduce an automatic disqualification period, but only to the applicable minimum.

The distinction between the automatic period and the minimum period is therefore important when preparing for a drink driving sentencing hearing.

Will I Lose My Licence?

The answer depends upon:

• the PCA category;
• the alcohol concentration;
• whether you have a previous relevant offence;
• when any previous offence occurred;
• whether you are subject to a particular licence condition;
• the applicable statutory provisions; and
• whether the court has power to vary the automatic disqualification.

A person should not assume that the automatic disqualification period will necessarily be the final period imposed by the court.

Sentencing for Drink Driving

When determining the appropriate penalty, the court may consider matters including:

• the alcohol concentration;
• the circumstances of the driving;
• the distance driven;
• the time of day;
• the location;
• traffic and road conditions;
• whether an accident occurred;
• whether anyone was injured;
• the driver's prior record;
• the driver's personal circumstances;
• employment consequences;
• the need for a licence;
• participation in an alcohol interlock program where applicable;
• remorse;
• rehabilitation; and
• whether the person pleaded guilty at an early stage.

The seriousness of the offence generally increases as the alcohol concentration increases.

Interlock Orders

Certain drink driving offences can result in an alcohol interlock order.

An alcohol interlock is a device installed in a vehicle that requires the driver to provide a breath sample before the vehicle can be started.

Where an interlock order applies, the person may be permitted to drive subject to strict conditions rather than being completely unable to drive for the entire period.

The availability and requirements of an interlock order depend upon the particular offence, previous offending and applicable legislation.

Defending a Drink Driving Charge

At Chidiac & Associates, we understand that a drink driving charge can have significant consequences.

We carefully examine:

• the circumstances of the traffic stop;
• police observations;
• roadside testing;
• breath analysis results;
• the timing of testing;
• the applicable PCA category;
• previous relevant offences;
• the circumstances surrounding the alleged offence; and
• the potential licence consequences.

Where appropriate, we consider whether there are grounds to challenge the Prosecution case or whether the matter should proceed by way of a plea and sentencing.

How We Can Help

We provide:

• confidential advice about your PCA charge;
• advice concerning the likely licence consequences;
• analysis of breath analysis evidence;
• advice concerning previous offences;
• representation at court;
• advice concerning guilty pleas;
• preparation of sentencing submissions;
• submissions concerning licence disqualification;
• advice concerning alcohol interlock orders; and
• representation in defended proceedings where appropriate.

Our approach is built on thorough preparation, practical advice and strong courtroom advocacy.