1. I have been charged with a PCA, what does this mean?
If you are driving a motor vehicle on a public road, your blood alcohol concentration must be below the limit of 0.05 grams of alcohol per 100mls of blood. If you are over the “Prescribed Concentration of Alcohol” (or “PCA”) you will be charged with a drink driving offence.
2. What are the options for someone who has been charged with a drink driving offence?
A drink driving offence is a criminal offence. A party may choose to plead guilty (with or without an explanation) or not guilty to the offence.
Provided a party has:
- a clean or a reasonable driving record where no prior drink driving offence has been committed,
- they have not been charged with a high range PCA,
- there are no aggravating factors to the offence,
then they may have a reasonable chance of being able to achieve a conviction without penalty (known as a section 10).
3. What happens if I have been charged with a novice range PCA for the first time?
A novice range PCA is a blood alcohol reading of 0.01 – 0.019. Where you have been charged with a novice range PCA you may be disqualified from driving from anywhere between 3 months to 6 months together with a fine of up to $1,100.
4. What happens if I have been charged with a special range PCA for the first time?
A special range PCA is a blood alcohol reading of 0.02 – 0.049. Where you have been charged with a special range PCA you may be disqualified from driving from anywhere between 3 months to 6 months together with a fine of up to $1,100.
5. What happens if I have been charged with a low range PCA for the first time?
A low range PCA is a blood alcohol reading of 0.05 – 0.079. Where you have been charged with a low range PCA you may be disqualified from driving from anywhere between 3 months to 6 months together with a fine of up to $1,100.
6. What happens if I have been charged with a mid range PCA for the first time?
A mid range PCA is a blood alcohol reading of 0.08 – 0.149. Where you have been charged with a mid range PCA you may be disqualified from driving from anywhere between 6 months to 12 months together with a fine of up to $2,200 and imprisonment for 9 months. Given the seriousness of the matter you need to retain proper legal representation to reduce the likely penalties to achieve the best result in the circumstances.
7. What happens if I have been charged with a high range PCA for the first time?
If you were found to be driving with over 0.150grams of alcohol per 100mls of blood you are in the High Range. Where you have been charged with a high range PCA you may be disqualified from driving from anywhere between 12 months to three (3) years together with a fine of up to $3,300 and imprisonment for 18 months. Given the seriousness of the matter you need to retain proper legal representation to reduce the likely penalties to achieve the best result in the circumstances.