The drink and driving laws of New South Wales punishes drivers for middle range PCA (prescribed alcohol concentration) offences.
Importantly, the primary aim of imposing penalties is to discourage people from driving under the influence in the first place. By setting strict penalties, lawmakers aim to instill a fear of the consequences, motivating individuals to make responsible choices and avoid driving impaired.
Moreover, drink and drug driving poses a grave threat to the safety of everyone on the road. Essentially, penalties serve as a reminder of the potential harm caused and aim to reduce the number of accidents and fatalities associated with impaired driving.
There are three levels of PCA offences in NSW:
- low range PCA, special or novice drink driving
- middle range PCA drink driving offence
- high range PCA drink driving offence
In this article, we will discuss the essentials of middle range PCA offences and its penalties.
Middle Range PCA Penalties in NSW
A mid range or middle range PCA offence is an offence where authorities catch the driver with a blood alcohol concentration (BAC) of 0.08 and less than 0.15 (s8, Road Transport Act 2013). Here are the penalties for mid range drink driving in NSW (as of the day of publication).
| Penalties | First Offence | Subsequent Offence |
| Maximum court-imposed fine | AUD 2200 | AUD 3300 |
| Maximum prison term | 9 months | 12 months |
| Minimum disqualification | 6 months | 12 months |
| Maximum disqualification | Unlimited | Unlimited |
| Automatic disqualification | 12 months | 3 years |
| Immediate licence suspension | Yes | Yes |
| Subject to an alcohol interlock order | Yes | Yes |
Licence Suspension
When your licence is suspended in NSW, it means you are legally prohibited from driving any motor vehicle on public roads for a particular duration. The consequences of a licence suspension can be weighty, so here’s a breakdown of what to expect:
- You will receive a Notice of Suspension from the Police. They can decide to suspend your licence:
- on the spot – if this happens the suspension begins immediately, and you will not be able to drive away.
- within 48 hours of your being charged or receiving a penalty notice.
- Your licence suspension will take effect immediately if you commit a middle range PCA offence.
- If you drive while your licence suspension is in effect, the authorities may impose other penalties such as:
- Licence disqualification
- Large fines
- Imprisonment.
- Since you can’t use your vehicle at this time, you might want to do any of the following (depending on the period of suspension):
- Submit a notice of disposal for a vehicle
- Cancel a vehicle registration within NSW
- Reserve your number plates.
However, you can still appeal your licence suspension by following these guidelines:
- File your appeal within 28 days of the date you were suspended.
- You must not drive until the court date.
- Get legal advice.
- Submit your appeal online or at any local court registry.
- Licence appeal instructions
- Sample application notice
Imprisonment for Mid Range PCA Offence
While imprisonment is possible for drink driving in NSW, it’s not the typical outcome for most first-time or low-range offenders. Depending on the circumstances, the imprisonment for a middle range PCA offence is 9 months and for the subsequent offence, 12 months.
Ultimately, the court decides whether to impose imprisonment based on the specific circumstances of each case, considering factors like:
- Severity of the offence (BAC level, aggravating factors)
- Prior driving record or criminal record
- Impact on victims (if any)
- Demonstrated remorse and willingness to change
Furthermore, driving under the influence of alcohol is considered ‘dangerous driving’ which carries with it heavier penalties. Under Section 52A of the Crimes Act 1900, a driver who commits the crime of dangerous driving occasioning death may be liable to imprisonment for 10 years. If aggravated, 14 years.
In the same section, the liability of a driver who commits dangerous driving occasioning grievous bodily harm is imprisonment for 7 years. If aggravated, 11 years.
Disqualification from Driving
For middle range PCA offences, you can be automatically disqualified from driving for 12 months and if it is a subsequent offence, for 3 years. If you drive during the disqualification period, you may incur the following penalties:
- Maximum court-imposed fine – AUD 3,300 (first offence) or AUD 5,500 (subsequent offence)
- Maximum prison term – 6 months (first offence) or 12 months (subsequent offence)
When the disqualification period is over, you must apply in person at a Service NSW Center to have your licence reissued after the enforcement period has ended. More testing might be necessary, depending on how much time has passed.
Make sure you have these with you when you apply:
- your proof of identity documents as detailed on the form
- your concession card details (if applicable)
- your old licence (if you have it)
- contact lenses or glasses (if you wear them)
- your medical report (if applicable)
- the PDF form – ‘Licence Application’.
Alcohol Interlock Order
Middle range PCA offences are subject to an alcohol interlock order. NSW’s Alcohol Interlock Program is a court-mandated requirement for certain drunk drivers. Its goal is to lower the number of drunk driving offences in NSW.
The law prohibits you from operating cars with interlock devices for a specific amount of time after you resume driving if:
- you have been found guilty of more than one major drunk driving offence or
- you have been convicted of several drunk driving offences.
This guarantees that drunk drivers abstain from driving and do not commit new crimes. Moreover, an interlock device must be implanted for every driver found guilty of a mid-range, high-range, repeat, or other significant driving while intoxicated offence.
Electronic breathalysers known as interlocks are connected to the ignition systems of automobiles, motorbikes, and large trucks. You will need to finish an interlock breath test before you are able to operate a motor vehicle. The car won’t start if the sensor finds that you’ve consumed alcohol.
During a voyage, one must also pass random breath tests. A camera on the interlock captures a picture of you giving the breath sample.
Consult a Traffic Offence Lawyer Today
Facing a middle range PCA offence charge can be incredibly stressful and have significant consequences. It’s best if you consult with one of our traffic offence lawyers at JB Solicitors. We can help you:
- Assess your mid range drink driving case and explain other drink driving offences you face.
- Advise you on the best course of action for your criminal conviction
- Negotiate with the prosecution on your behalf.
- Represent you in court for a minor offence (if necessary) or a major traffic offence or serious offence.
Contact us today for more information.
