The offence of Low range PCA is committed when a person drives a motor vehicle on a road with a blood alcohol reading above 0.05 but less than 0.079.
A conviction for low range PCA when it is a first major offence in a 5 year period, can mean a fine of up to $1100. It also carries an automatic period of disqualification of 6 months, however a court may reduce it to 3 months.
A second or subsequent conviction for low range PCA is a fine of up to $2200 and an automatic period of licence disqualification for 12 months, however a court may reduce this to 6 months. If it is a second alcohol related offence in a 5 year period the penalty is a fine of up to $2200. Your licence will also be disqualified for between 1 and 3 months and you will then be subject to an interlock order for 12 months.
|Offence||Fine||Imprisonment||Minimum Disqualification||Automatic Disqualification|
|Low Range PCA||1st offence: $1100
2nd offence: $2200
|N/A||1st offence: 3 months
2nd offence: 6 months
|1st offence: 6 months
2nd offence: 12 months
Where a prior conviction (within the past 5 years) was alcohol related:
|Offence||Initial Disqualification Period||Minimum Interlock Period||Disqualification Period if exemption order made|
|Low Range PCA||Minimum 1 month
Maximum 3 months
|12 months||Automatic 12 months
Minimum 6 months
A conviction for low range PCA will mean a loss of licence for at least the minimum period specified. There is no such thing as a ‘work licence’ or ‘restricted licence’ in NSW. The only way to keep your licence is to avoid a conviction.
There are only two ways to avoid a conviction:
Low range PCA is a criminal offence, this means it will appear on a criminal record. As a result, it will also appear on police background checks. In some cases this may affect employment, travel to certain countries, or the ability to obtain particular licences.
In most cases of low range PCA the Police will release you and give you a yellow slip called a field court attendance notice (Field CAN). The court date, court location, and the type of charge are all listed on the Field CAN. The police may also give you another yellow piece of paper called a ‘written notice of pleading’. Do not fill that in until you’ve spoken to a lawyer.
We are specialist traffic and criminal lawyers. All our lawyers are experienced and results orientated. We have extensive courtroom experience and we represent clients in drink driving matters at courts all over NSW. In most drink driving matters we are able to offer a competitive fixed fee for our services. If you’ve been charged with low range drink driving, seek advice from one of our specialist drink driving lawyers immediately.
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