Mid-Range Drink Driving (PCA) Offence

Mid-range drink driving (PCA) offence is driving with a blood alcohol concentration of 0.10 but under 0.15. The penalties are disqualification from driving for 6 to 18 months and a maximum fine between $2,200 and $6,600 or imprisonment from 6 to 18 months.

The offender’s license is automatically suspended until the case is heard before the court. Almost always, a drink driving offender is disqualified from driving. However, a convicted driver can appeal the disqualification by applying for a restricted license.

There are two types of restricted licenses: work license and special hardship order restricted license. The offender who wants to contest the charge of drink driving can raise a number of defences in court which are applicable to his case. He can dispute the accuracy of the BAC reading by alleging that the instrument used may be defective. It could also be that the urine or blood sample was taken two hours after driving making it inadmissible as evidence in support of the drink driving charge.

Any person driving, operating, or in charge of a motor vehicle while his blood alcohol concentration is higher than 0.10% but not more than 0.15% will be charged and convicted of mid-range drink driving offence in Queensland. To be charged with and convicted of this offence, the type of license is not a consideration. A driver can be a holder of a learner’s, provisional, probationary or open license but if his BAC is higher than 0.10% but lower than 0.15%, he will be charged with and convicted of a mid-range drink driving offence.

The penalties for a mid-range drink driving offence are: disqualification from driving for a period between six to eighteen months, a fine in an amount between $2,200 to $6,600; or imprisonment for a term between 6- 18 months. Upon arrest, the person’s driver’s license will be immediately and automatically suspended until the person appears in court.

Drink driving offences are considered “Major Offences” under the law and thus attract heavy fines, periods of licence disqualification and possibly terms of imprisonment.