What Is Mid Range PCA in NSW?
Mid Range drink driving applies when your blood alcohol concentration (‘BAC’) is between 0.08–0.149. 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 you are detected with mid range PCA, the police will issue you with a court attendance notice. They may also decide to suspend your licence which takes effect immediately and will remain in place until your court matter is finalised.
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What are the Penalties for Mid Range Drink Driving?
With mandatory interlock period =
Maximum: 6 months
Minimum: 3 months
Without interlock =
Automatic: 12 months
Maximum of 9 months imprisonment
With mandatory interlock period =
Maximum: 9 months
Minimum: 6 months
Without interlock =
Automatic: 3 years
Minimum: 12 months
Maximum of 12 months imprisonment
It is important to note that the maximum penalties act as a guide for the court. Mid range drink driving is a criminal offence with serious consequences. However, penalties are subject to the court’s discretion, and favourable outcomes can often be obtained with strong submissions.
Facing Criminal charges and seeking representation?
Contact a member of our team today for a free consultation. We assess your case, and begin advising on how we’re able to assist in obtaining the results you deserve. Fill out a form on our contact us page, or contact us directly for more information.
Will I Go to Jail for Mid Range PCA?
Jail is a possibility, especially in circumstances where the matter involves a second or subsequent offence and there are other aggravating factors involved in the matter (i.e., you caused an accident or danger to other road users). However, it is important to note that first-time offenders are often eligible for non-custodial options. It is integral to ensure you approach court with a tailored legal strategy to avoid or minimise any custodial penalty.
Can I Avoid a Criminal Conviction?
In some cases, especially those charged with Mid Range PCA for the first time, it is possible to receive a ‘non-conviction’ outcome which allows you to avoid any conviction, disqualification, fine or the mandatory interlock period. A non-conviction may involve 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 Orders
Police can decide to issue an on-the-spot suspension. This immediate suspension from the police will last until your matter is finalised at court. 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 Mid Range PCA, the offence carries a mandatory interlock period of 12 months for a first offence or 24 months for a second or subsequent offence. 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.
Legal Defences and Technical Arguments
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 a Mid Range PCA Charge
A Mid Range PCA charge is a serious offence that can lead to licence disqualification, heavy fines, and even the risk of jail. Having the right drink driving lawyer is essential to protect your future.
At Elite Defence Lawyers, we offer fixed fees for certainty and peace of mind, and we have extensive experience representing clients in Sydney and NSW traffic courts. Our team understands how these matters are prosecuted and knows what it takes to secure the best possible outcome. We have helped clients minimise penalties, avoid convictions, and in some cases preserve their licences.
The earlier you seek legal help, the stronger your defence will be. Contact Elite Defence Lawyers today for urgent advice and trusted representation in your Mid Range PCA case.
