Mid Range Drink Driving

The offence of mid-range PCA (prescribed concentration of alcohol) under section 110(4) of the Road Transport Act 2013 is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration from 0.08 to 0.149. The offence is also known as mid range drink driving or mid range PCA.

If a person is convicted by a court of this offence the maximum penalty for a first offender is imprisonment for 9 months and a fine of 20 penalty units.

The maximum penalty for a repeat offender following the recording of a criminal conviction is imprisonment for 12 months, a fine of 50 penalty units.

This offence is also subject to mandatory disqualification periods and interlock orders.

Disqualification Periods for Mid Range Drink Driving

Police have the power to issue an immediate licence suspension for a Mid Range Drink Driving charge. Usually, the Court will backdate your disqualification period to commence at the time that the police originally suspended you from driving.

For first offences, the minimum disqualification period is three months with a maximum of six months, where an interlock order is also made. Where an interlock exemption order is made, the automatic disqualification period is 12 months with a minimum period of 6 months.

For second or subsequent offenders, the minimum disqualification period is six months, and the maximum is 9 months where an interlock order is also made. Where an interlock exemption order is made, there is an automatic disqualification period of three years which can be reduced to a minimum of 12 months.

Mandatory Interlock Orders for Mid Range Drink Driving

Mandatory interlock orders automatically apply to high range drink driving offences.

Mandatory interlock orders require the driver to obtain and serve a period of time on an interlock licence after having completed their disqualification period. During this period, the person must install and maintain an interlock device their vehicle.

Unless a driver applies for and is granted an interlock exemption order, a mandatory interlock order will be automatically applied when they are convicted.

To receive an exemption from a mandatory interlock order, a person needs to satisfy Section 212 of the Road Transport Act 2013. This provision requires:

(a) That the person does not have access to a vehicle in which to install an interlock device, or

(b) That they have a diagnosed medical condition that prevents them from providing a sufficient breath sample and installing the device is not reasonably practical; or

(c) if it is a first mid range offence, that the making of an order would cause severe hardship to the offence and that making an exemption is appropriate in all the circumstances.

The Mandatory Interlock Order for a first mid range PCA offences is 12 months.

The Mandatory Interlock Order for a second or subsequent mid Range PCA offence is 2 years.

What is Mid Range Drink Driving?

The offence of driving with mid range prescribed concentration of alcohol (PCA) under section 110(4) of the Road Transport Act 2013 which states:

Offence–mid range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the mid range prescribed concentration of alcohol—

(a) drive a motor vehicle, or

(b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or

(c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)–occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.

The definition of “drive” is very broad. It includes not only actually driving the vehicle, but also being in control of the steering, movement or propulsion of a vehicle.

The following acts could constitute an offence of High Range Drink Driving:

• Driving a vehicle; and
• Sitting in the driver’s seat of a vehicle with the ignition on.

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What must be proven?

For a person to be found guilty of Mid Range Drink Driving the prosecution must prove each of the following matters beyond a reasonable doubt:

• That you “drove” a motor vehicle; or
• Were in driver’s seat an attempted to put the vehicle in motion; and
• At the time, your Blood Alcohol Concentration was between 0.080 and 0.149

If the prosecution do not prove every single one of the above elements, you will be found not guilty.

Which Court Will Hear the Matter?

This offence is summary offence, which means that it will be finalised in the Local Court of New South Wales.

Possible Defences to Mid Range Drink Driving

The following defences may be available for a Mid Range Drink Driving charge:

• That your Blood Alcohol Content was not higher than 0.080 at the time your drove (for example, if you drunk more after you finished driving);
• That you were not the driver of the vehicle;
• That you were not “driving” as defined by the Act;
• That there was an issue with the way the breath test/analysis was conducted which might render the reading inadmissible.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.