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Drink Driving

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.

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    Fairfield NSW 2165
  • Suite 416/49 Queens Road
    Five Dock NSW 2046
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  • (02) 9724 4178
  • 1300 733 039

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