What Is Low Range Drink Driving in NSW?

Low Range drink driving applies when your blood alcohol concentration (‘BAC’) is between 0.05 - 0.079. Blood alcohol concentration is measured based on the concentration of alcohol in 210 litres of breath or 100 millilitres of blood. This offence applies to full licence holders, and not those with learners’ or provisional licences. 

If police detect you driving or attempting to drive with low range PCA, they have the discretion to issue you with an on-the-spot fine of $705 (fine amount set as at 1/07/25) instead of charging you. However, this is not an available option if it is your second or subsequent low range drink driving offence. If you pay this fine, it does not result in a criminal conviction.

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Will I Receive a Fine or Go to Court?

As outlined, when a person is caught driving with Low Range PCA, police can decide to issue a:

• Penalty infringement notice (fine of $705 and 3-month suspension),

• Court Attendance Notice (i.e., being charged).

This decision is purely up to the officer’s discretion, where it is your first offence. They will likely take into account any prior traffic or criminal history, your attitude, and the circumstances of how they detected you, among other factors. 

If you receive an on-the-spot fine, you have the option to ‘court-elect’ the fine, or to file a licence appeal against the suspension. If you decide to make a court election on the offence, you will be required to enter a plea of Guilty or Not Guilty. If you receive a conviction, it will be on your criminal record, as well as a disqualification period imposed. 

You can also choose to file a licence appeal in relation to the suspension. This is done following the fine being paid in relation to the 3-month suspension. The Court has the power to reduce or quash the suspension period if it is a Transport for NSW suspension.

There are a range of positives and negatives to the choice of making a court election or a licence appeal if you receive a penalty notice for Low Range PCA. It is integral that you receive advice tailored to your specific circumstances from an experienced drink driving lawyer before making any decision.

Penalties for Low Range PCA in NSW

At court, it is possible to receive a ‘non-conviction’ outcome. This means you do not receive any fines, a disqualification period, or a criminal record. However, it is important to note that this is in no way guaranteed.

Can I Avoid a Criminal Conviction?

If you have been charged with Low Range PCA for the first time, you may be eligible to receive a ‘non-conviction’ at court (i.e., a complete dismissal under section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) or a condition release order without conviction (i.e., a good behaviour bond) under Section 9(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW). 

The court will consider your BAC, the circumstances of the offence, your personal factors, traffic and criminal history, and how the police detected you (i.e., RBT vs your manner of driving), among other considerations. Due to each matter’s unique circumstances, it is important to obtain legal advice from an experienced lawyer. Legal submissions can help avoid long-term consequences that can flow from disqualification periods and being off the roads. 

If you receive a non-conviction for a drink driving offence, you are unable to receive a further non-conviction if you commit another drink driving offence within 5 years.

Licence Suspension, Appeals, and Interlock

Police can decide to issue an on-the-spot suspension if they detect you driving with Low Range PCA. This immediate suspension from the police lasts for 3 months. If you receive an immediate licence suspension from the police, you must hand your licence to the police and cannot drive. If you want to appeal this suspension, you have 28 days from the date that the police suspended your licence on the spot to file an appeal with the Local Court. Appeals against immediate police suspensions are much less likely to be successful than standard licence appeals, as the test that must be overcome is a much higher burden. 

The law states that you need to prove to the court that there are exceptional circumstances that justify you receiving your licence back 

If you are charged with Low Range PCA for a second or subsequent time, the offence carries a mandatory interlock period of 12 months. An interlock is a device that is installed in your vehicle and prevents the vehicle from being started if the presence of alcohol is detected in your breath sample. You are required to blow into the device before starting the vehicle. You are required to install the device prior to commencing driving after your disqualification period has finalised. 

Exemptions to the mandatory interlock program are incredibly rare and only granted in circumstances such as if:

• You have a medical condition, which means that you cannot provide a sufficient breath sample to operate the device (with medical evidence required to support this), or
  

• You do not have access to a motor vehicle in which to install the device.
  

There is a further exemption ground if the making of an interlock order would cause you severe hardship, and it would be more appropriate to make an exemption order. However, this factor is only relevant if you have been charged with Mid Range Drink Driving for the first time. 

The law specifically provides that an exemption order should not be granted because:

• You cannot afford the costs of installing an interlock device,
  

• You will be prevented from driving a vehicle in the course of your employment,
  

• You have access to a vehicle, but the registered owner refuses to allow for the installation of the interlock device.
  

Common Legal Defences and Case Strategies

In most cases related to drink driving, the main goal will be to seek to mitigate the penalty received rather than ‘defending’ the charge. However, there are some common defence strategies to drink driving charges. This includes:

• Faulty Breath or Blood Testing Equipment: There may have been an evident issue with the accuracy of the testing or the device used to measure your blood alcohol concentration.
  

• Medical Conditions: Certain medical conditions, such as reflux conditions, can interfere with or influence blood alcohol concentration readings, which could lead to false positives or inaccurate readings.
  

• Necessity: In rare cases, there can be a reasonable excuse for driving, such as medical emergencies where no other options would have been available. 
  

• That you were not the driver of the vehicle or attempting to drive it. 
  

It is integral to obtain tailored advice from an experienced drink driving lawyer to determine if you should focus on defending your case or seeking leniency from the court. Urgent legal advice improves your chances of avoiding conviction and reducing any applicable disqualification. 

Why Choose Elite Defence Lawyers for Your Low Range PCA Case

A Low Range PCA charge may seem minor, but it can still result in licence disqualification, fines, and a criminal record. With the right defence, many clients achieve far better outcomes, including no conviction. That’s why you need an experienced drink driving lawyer on your side.

At Elite Defence Lawyers, we have extensive experience defending drink driving matters across Greater Sydney. Our team appears regularly in local courts and knows how to present strong cases that protect your record and minimise penalties. From negotiating with prosecutors to persuasive sentencing submissions, we focus on achieving the best possible result for you.

We offer fixed fees for certainty and free consultations to understand your options.

Early advice is critical to your defence. Contact Elite Defence Lawyers today for immediate guidance on your Low Range PCA case.