DUI - Driving Under the Influence in NSW

PCA ranges & Drink Driving penalties for PCA (Prescribed Concentration of Alcohol) Offences.

The law that governs drink driving is the Road Transport (Safety and Traffic Management) Act 1999 NSW. Under section 9 of this Act, it is an offense for an individual who has a prescribed blood alcohol concentration to drive, attempt to drive or even sit beside a learner license person who is driving the motor vehicle. - See more at: http://www.drinkdrivinglaws.com.au/nsw/#sthash.eI2CcgTU.dpuf
The law that governs drink driving is the Road Transport (Safety and Traffic Management) Act 1999 NSW. Under section 9 of this Act, it is an offense for an individual who has a prescribed blood alcohol concentration to drive, attempt to drive or even sit beside a learner license person who is driving the motor vehicle. - See more at: http://www.drinkdrivinglaws.com.au/nsw/#sthash.eI2CcgTU.dpuf
The law that governs drink driving is the Road Transport (Safety and Traffic Management) Act 1999 NSW. Under section 9 of this Act, it is an offense for an individual who has a prescribed blood alcohol concentration to drive, attempt to drive or even sit beside a learner license person who is driving the motor vehicle. - See more at: http://www.drinkdrivinglaws.com.au/nsw/#sthash.eI2CcgTU.dpuf

If you have just been charged with a PCA or a drink driving offence it can be a scary experience. For many this is the first experience with the NSW legal system.

You may be left not knowing what to expect and what to do. You may also have questions like: Will I go to jail?

Will I lose my license?  Will I have to go to court?

How will I get to work if I lose my license?

Our experienced team are more than happy to talk you through the expectations, penalties, processes of the court and likely end results of your drink driving offence.

In NSW the law that governs drink driving is the Road Transport ( Safety & Traffic Management) Act 1999. In particular under Section 9  of this act  it is considered an offense for an individual who has a prescribed blood alcohol concentration to drive, attempt to drive or even sit beside a learner license person who is driving the motor vehicle.

In NSW there are two different drink driving offences:

  1. driving over the limit, that is, exceeding the prescribed concentration of alcohol (PCA) and
  2. driving under the influence (DUI).

PCA readings are taken from a breath test and mean you recorded a blood alcohol level higher than the legal limit.

DUI is more serious and means that you were so intoxicated that you could not control the vehicle. Here in NSW a PCA offense is the most common offence that is handed down. You may be classed under one of several PCA categories these are:

Novice Range PCA

A Novice Range PCA occurs when you either drive a vehicle or attempt to drive a motor vehicle with a blood alcohol concentration above 0.00 and less than 0.02 grams per 100mls of blood under section 8A(a).

The charge of Novice Range PCA applies to people who arfe required to have a zero alcohol limit while driving.

When does a Novice Range PCA apply?

Charges generally apply to people holding a Learner’s Licence, Provisional Licences (P1 and P2 drivers), those driving without a valid licence, and to those driving while suspended or disqualified.

Special Range PCA

A Special Range PCA occurs when you either drive a motor vehicle or attempt to drive a vehicle with a blood alcohol concentration above 0.02 grams but less than 0.05 grams per 100mls of blood under section 8A(b).

 

 When does a  Special Range PCA apply?

Special Range PCA' applies to people who require a zero alcohol limit while driving, or to those who have a special licence. Special Range PCA charges  generally apply to people holding a Learner’s Licence or Provisional Licences (P1 and P2 drivers).Bus drivers ; Taxi drivers; Truck drivers;Coach drivers or those driving vehicles carrying dangerous goods or radioactive substances- While operating these vehicles, drivers are subject to a 0.02 limit.

Low Range PCA

A Local Range PCA occurs when you either drive

a motor vehicle, attempt to drive a vehicle or sit in the passenger seat while a learner driver is driving while you have a blood alcohol concentration above 0.05 grams but less than 0.08 grams per 100mls of blood under section 8A(c).

Middle Range PCA

A Local Range PCA occurs when you either drive a motor vehicle, attempt to drive a motor vehicle or sit in the passenger seat while a learner driver is driving while you have a blood alcohol concentration above 0.08 grams but less than 0.15 grams per 100mls of blood under section 8A(d).

High Range PCA

A Local Range PCA occurs when you either drive a motor vehicle, attempt to drive a motor vehicle or sit in the passenger seat while a learner driver is driving while you have a blood alcohol concentration above 0.15 grams per 100mls of blood under section 8A(e).

In NSW, PCA ranges &  drinking and driving offences are considered serious. It is important to get legal advice as soon as you receive a penalty notice or have had your license suspended to get the best possible advice on receiving the minimum penalty possible.

What are the likely penalties for PCA offences: 

Even a low range reading is likely to attract a fine & license disqualification & possibly a criminal record.

Our Criminal Solicitor JAclyn Nelson understands what its like to face the potential of loss of license & large fines. Let her experience with many  drink driving offences guide you through the legal processes related to your matter.                    

We have solicitors  in the Greater Western Sydney Region, Penrith, Wollongong & the Illawarra areas that can represent you in your drink driving PCA offense. 

Christmas Drink Driving Offences Article

Dear Jaclyn,

I would just like to thank you for the best outcome I could have possibly hoped to have received in my matter. Thank-you again.
— Rebecca

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For Criminal Law :

If you have received a penalty notice, had your license suspended or been charged with a serious driving related offence:

  • Call us on  1800 647 023
  • Make An Appointment - We aim to see you the very next day where possible.
  • Let one of our friendly team, work with you on  your DUI matter.


Learn more  with our useful articles, resources and our Frequently Asked Questions section.