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Drink driving, known in NSW law as a PCA offence (prescribed concentration of alcohol), is one of the most common charges before the Local Court. It is also one of the most consequential. A conviction means a criminal record and a licence disqualification that can affect your job, your family and your future. The right representation makes a measurable difference to the outcome.
The Five PCA Ranges
Penalties under the Road Transport Act 2013 depend on your reading: novice range (any alcohol, for learner and provisional drivers), special range (0.02 to 0.049, applying to provisional and professional drivers), low range (0.05 to 0.079), mid range (0.08 to 0.149) and high range (0.15 and above).
What You Are Facing
For a first offence, low range drink driving is commonly dealt with by penalty notice with a three month licence suspension, although police can elect to put the matter before the court. Mid range PCA carries a maximum of 9 months imprisonment for a first offence, automatic disqualification and a mandatory alcohol interlock order. High range PCA carries a maximum of 18 months imprisonment for a first offence, and a guideline judgment of the Court of Criminal Appeal requires courts to treat it with particular seriousness. Second and subsequent offences carry substantially higher maximums and longer disqualifications.
Police can also suspend your licence immediately at the roadside for mid range, high range and refusal offences, so many clients come to us already off the road and needing urgent advice.
Keeping Your Licence and Your Record Clean
Depending on the circumstances, we can pursue a section 10 dismissal or conditional release order without conviction, which avoids both the criminal record and the disqualification. Where a conviction cannot be avoided, we work to reduce the disqualification period and interlock term to the minimum. In appropriate cases there are defences, including honest and reasonable mistake and challenges to the breath analysis procedure and the timing of your last drink.
We appear in drink driving matters at Local Courts across Sydney every week. If your licence has been suspended, our licence appeals team can also act urgently. If your matter involves drugs rather than alcohol, see our drug driving page.
Charged with a drink driving offence? Call Blackridge Law now.