TRAFFIC LAW
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Prescribed Concentration of Alcohol
Fact Sheet
This fact sheet was correct at the time of writing, the author can not warrant its accuracy past 1 June 2009
A 'Prescribed Concentration of Alcohol' offence is commonly called a PCA offence. It is the Australian equivalent of the American DUI.
A PCA offence occurs when a driver of a vehicle or the supervisor of a learner driver has a blood-alcohol concentration higher than that which is allowed by law. All PCA offences can be found under the Road Transport (Safety and Traffic Management) Act 1999.
PCA offences are considered major driving offences by the Courts. A major driving offence is one that carries the same or harsher penalties to most criminal charges. These can include harsh fines, loss of license and even gaol times.
There are 5 specific ranges of PCA offence, these are Novice, Special, Low, Mid & High Range. The table below lists each of the ranges and the concentration of alcohol to which they refer.
|
Offence
|
Range
|
| Novice Range PCA |
0.00 - 0.02 |
| Special Range PCA |
0.02 - 0.05 |
| Low Range PCA |
0.05 - 0.08 |
| Mid Range PCA |
0.08 - 0.15 |
| High Range PCA |
0.15 an above |
Note that the Novice range PCA offences only apply to drivers on a Learner’s permit or a Provisional licence. Special range only applies to Learner’s permit holders, provisional licence holders and people who drive with suspended or disqualified licences.
Penalties for PCA offences vary depending on which range offence was committed. Obviously Low range offences carry a lesser penalty compared to a High range offence. Each penalty may also have an automatic disqualification period which applies to the offender. There are also minimum disqualification periods which are the lowest that the magistrate may grant.
If an offender has had a similar offence within the past 5 years then the penalties for each offence increase. The table below lists penalties for both the first offence and for the second offence in 5 years.
|
Common PCA Offence Punishments*
|
|
|
|
Fine
|
Imprisonment
|
Disqualification
|
|
Automatic
|
Mandatory
|
|
Novice Range PCA
|
1st offence
|
$1100
|
N/A
|
6 Months
|
3 Months
|
|
Subsequent Offence
|
$2200
|
N/A
|
12 Months
|
6 Months
|
|
Special Range PCA
|
1st offence
|
$1100
|
N/A
|
6 Months
|
3 Months
|
|
Subsequent offence
|
$2200
|
N/A
|
12 Months
|
6 Months
|
|
Low Range PCA
|
1st Offence
|
$1100
|
N/A
|
6 Months
|
3 Months
|
|
Subsequent offence
|
$2200
|
N/A
|
12 Months
|
6 Months
|
|
Mid Range PCA
|
1st offence
|
$2200
|
9 Months
|
12 Months
|
6 Months
|
|
Subsequent offence
|
$3300
|
12 Months
|
5 Years
|
12 Months
|
|
High Range PCA
|
1st offence
|
$3300
|
18 Months
|
3 Years
|
12 Months
|
|
Subsequent offence
|
$5500
|
2 Years
|
5 Years
|
2 Years
|
|
|
|
|
|
|
|
*These figures were correct at time of creation, the author makes no representation as to their accuracy past that date.
If someone has been convicted of 2 previous ‘relevant’ driving offences in the past 5 years and are being currently charge with the 3rd. If they are convicted of that offence the magistrate may declare them a ‘Habitual Traffic Offender.’
If you are found to be a habitual traffic offender you can be disqualified for an automatic period of 5 years. This time is added to the disqualification periods already in existence. So if an offender is convicted of a High Range PCA offence and is declared a Habitual Traffic Offender, then they will be disqualified from holding a drivers licence in any state of Australia for 10 years.
The court, if it thinks that it is appropriate, can extend or reduce the disqualification for Habitual Traffic Offenders as it sees fit. If the court were to reduce the disqualification it cannot do so past a period of 2 years.
These factsheets are provided for the purpose of legal information. They should not be used as a substitute for legal advice. Should you have a specific legal problem, please seek legal advice from a qualified practitioner. The factsheets are correct at the day of their authorship, the author cannot warrant their accuracy past that day. The author cannot be liable for any inaccuracies caused by changes in legislation, common law or policy. The factsheets have been authored with a view as to the law of New South Wales, Australia. These factsheet do not apply to other jurisdictions unless expressly stated.