Low Range Drink Driving-Low Range PCA

If you are driving on a public road and have a blood alcohol concentration above 0.05 and below 0.08 then you may be charged with Low Range Drink Driving. An example of this is if you have gone to a friend’s house for a barbecue and have consumed alcoholic beverages.

First Offence:
If it is your first major traffic offence within 5 years, The maximum penalty is a fine of $2200.00 and an automatic disqualification period of 6 months. The minimum disqualification period is 3 months unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act in which case you will not be disqualified from driving.

Second Offence:
If it is your second or subsequent major offence within 5 years, the maximum penalty for a low range drink driving offence is a fine of $3,300.00 and a maximum disqualification period of 3 months, and a minimum disqualification period of 1 month unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act, in which case you will not be disqualified from driving.
Where a second or subsequent offence of this nature occurs within 5 years, then a mandatory minimum period of 12 months using the interlock device will be imposed.

Mid Range Drink Driving-Mid Range PCA

If you are driving on a public road and have a blood alcohol concentration above 0.08 and below 0.0149 then you may be charged with Mid Range Drink Driving. An example of this is if you have gone to a football match and consumed alcohol.

First Offence:
If it is your first major traffic offence within 5 years, the maximum penalty for a Mid Range drink driving offence, is a fine of $2,200.00 and or 9 months imprisonment. The disqualification period a court can impose is unlimited but there is an automatic disqualification period of 12 months and a minimum disqualification period of 6 months unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act. If your matter is dealt with pursuant to section 10, you will not be disqualified from driving. Following the disqualification, a mandatory minimum period of 12 months using the interlock device will be imposed.

Second Offence
If it is your second or subsequent major offence within 5 years, the maximum penalty for a Mid-Range drink driving offence, is a fine of $3,300.00 and or 12 months imprisonment. The disqualification that can be imposed includes a minimum disqualification period of 6 months and a maximum period of 9 months unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act. If your matter is dealt with pursuant to section 10, you will not be disqualified from driving.

Where an offence of this nature is a second or subsequent offence, then the court will impose a mandatory minimum period of 24 months using the interlock device.

High Range Drink Driving- High Range PCA

If you are driving on a public road and have a blood alcohol concentration above 0.150 then you may be charged with High Range Drink Driving. An example of this is if you have gone to a pub to catch up with friends and have consumed alcoholic beverages.

First Offence:
If it is your first major traffic offence within 5 years, the maximum penalty is a fine of $3,300.00 and or 18 months imprisonment. There is an automatic disqualification period of 9 months and a minimum disqualification period of 6 months. Where the drink driving offence is the first offence of this nature within 5 years, the court will impose a mandatory minimum period of 24 months using the interlock device.

Second Offence:
If it is your second or subsequent major offence within 5 years, the maximum penalty for is a fine of $5,500.00 and or 2 years imprisonment. The disqualification period a court can impose is a maximum of 12 months and a minimum disqualification period of 9 months.

If the high range drink driving offence is the second or subsequent offence of this nature within 5 years, then a mandatory minimum period of 48 months using the interlock device will be imposed.

Drink Driving-Special Range

If you are a special category driver and drive on a public road with blood alcohol concentration above 0.02 and below 0.05 then you may be charged with Drink Driving-Special Range.
Special category drivers include the following:

• Drivers who have been refused a driving licence;
• Learner drivers;
• Provisional drivers – known as “P” plate drivers;
• Drivers who have never held a driving licence in NSW although having had a licence or permit to drive outside NSW.
• Drivers whose licence is either suspended, cancelled or disqualified;

First Offence
If it is your first major traffic offence within 5 years, the maximum penalty is a fine of $1,100.00 and a disqualification period of 6 months. The minimum disqualification period is 3 months. A prison sentence up to 3 months may also be imposed.

Second Offence:
If it is your second or subsequent major offence within 5 years, the maximum penalty is a fine of $3,300.00 and a maximum disqualification period of 3 months. The minimum disqualification period is 1 month. A second or subsequent offence of this nature will also incur a mandatory minimum period of 12 months using the interlock device. A prison sentence of up to 6 months may also be imposed.