There are a number of drink driving offences that you could be charged with. If you are required by the police to undertake a breath test and subsequently obtain a reading that is higher than your Prescribed Concentration of Alcohol (PCA) limit, you can be charged and arrested with one of the following:
- Novice Range PCA: 0.00 – 0.019
- Special Range PCA: 0.02 – 0.049
- Low Range PCA: 0.05 – 0.079
- Mid Range PCA: 0.08 – 0.149
- High Range PCA: 0.15 or higher
The penalties for drink driving vary depending on the range of your PCA and whether it has been the first time you have committed this offence or you are a repeat offender.
First traffic offence within 5 years
| PCA Offence | Minimum Disqualification |
Automatic Disqualification |
Maximum fine | Maximum jail term |
|---|---|---|---|---|
| Novice Range: 0.00-0.019 |
3 months | 6 months | $1,100 | Nil |
| Special Range: 0.02-0.049 |
3 months | 6 months | $1,100 | Nil |
| Low Range: 0.05-0.079 |
3 months | 6 months | $1,100 | Nil |
| Mid Range: 0.08-0.149 |
6 months | 12 months | $2,200 | 9 months |
| High Range: Over 0.150 |
12 months | 3 years | $3,300 | 18 months |
Second or subsequent major traffic offence within 5 years
| PCA Offence | Minimum Disqualification |
Automatic Disqualification |
Maximum fine | Maximum jail term |
|---|---|---|---|---|
| Novice Range: 0.00-0.019 |
6 months | 12 months | $2,200 | Nil |
| Special Range: 0.02-0.049 |
6 months | 12 months | $2,200 | Nil |
| Low Range: 0.05-0.079 |
6 months | 12 months | $2,200 | Nil |
| Mid Range: 0.08-0.149 |
12 months | 3 years | $3,300 | 12 months |
| High Range: Over 0.150 |
2 years | 5 years | $5,500 | 2 years |
Possible defences to a drink driving charge can include establishing:
- That you were not the driver of the motor vehicle;
- The ‘two-hour rule’ – where the police performed the breath test two hours after you drove a motor vehicle;
- The breath test occurred at your home;
- Incorrect PCA reading – because your blood alcohol fluctuates over time, the reading produced by the alcoholmeter might not be representative of your blood alcohol content at the time of driving.
- You honestly and reasonably believed that your PCA was under the limit at the time of driving.
Please contact our office for your first free consultation.