Driving with a Prescribed Concentration of Alcohol (PCA) in your system is a criminal offence in every Australian state and territory. Commonly referred to as drink driving, a PCA offence occurs when a driver’s blood alcohol concentration (BAC) exceeds the legal limit, even if their driving appears safe.
There are different PCA ranges depending on the driver’s licence type and reading. Penalties vary based on the alcohol reading, whether it’s a first or repeat offence, and whether aggravating circumstances exist (such as accidents or refusal to submit to a test).
PCA charges can result in heavy fines, licence disqualification, interlock orders, and even imprisonment.
In most states, the following PCA ranges apply:
Novice range: 0.00 to 0.019 (learner, P1, P2, and some professional drivers)
Special range: 0.02 to 0.049 (commercial, heavy vehicle, or court-ordered zero)
Low range: 0.05 to 0.079
Mid range: 0.08 to 0.149
High range: 0.150 and above
If your BAC is over the limit for your licence class, you can be charged — even if you feel unaffected or did not cause an accident.
Police can conduct a random breath test (RBT) or test you after an accident, traffic offence, or suspicious driving. If you blow over the legal limit, you may be:
Arrested and taken to the station for an evidentiary breath analysis
Issued with an immediate licence suspension
Given a court attendance notice (for mid and high range offences)
Fined on the spot (for low range or first offences in some states)
Refusing a breath test is also a criminal offence and carries similar or harsher penalties.
For more serious or repeat PCA offences, the matter is dealt with in the Local or Magistrates’ Court. The prosecution must prove:
You were driving or attempting to drive
You were over the legal BAC limit
The test was conducted lawfully and accurately
Many drivers plead guilty to PCA charges, but legal representation can help reduce penalties or avoid a criminal conviction through section 10 (NSW) or equivalent orders.
Available legal defences include:
Challenging the accuracy of the breath or blood test
Post-driving consumption (alcohol consumed after driving)
Time of driving versus time of testing (rising BAC)
No actual driving – sitting in the car but not operating it
Medical condition affecting test results
Improper police procedure (e.g. delay in testing or no reasonable suspicion)
Defences are complex and require legal evidence and expert reports in most cases.
New South Wales (NSW)
Under the Road Transport Act 2013 (NSW), low-range PCA (0.05–0.079) can result in a fine of $2,200, an automatic disqualification of 6 months, and mandatory participation in the interlock program for higher range or repeat offences. High-range PCA (0.15+) carries penalties of up to 18 months’ imprisonment and licence disqualification of 3 years or more
Victoria (VIC)
Under the Road Safety Act 1986 (VIC), low-range offences usually result in fines and automatic licence suspension. Mid and high-range PCA offences can result in mandatory interlock orders, disqualification for up to 48 months, and up to 18 months’ imprisonment for serious repeat offenders.
Queensland (QLD)
Under the Transport Operations (Road Use Management) Act 1995, penalties include fines, licence disqualification, and imprisonment. High-range PCA can attract up to 9 months’ imprisonment, large fines, and disqualification for 6 months to several years.
Western Australia (WA)
Under the Road Traffic Act 1974 (WA), penalties range from fines and 3-month disqualification for low-range PCA to 18 months’ imprisonment and 30 months’ disqualification for high-range or repeat offences.
South Australia (SA)
Under the Road Traffic Act 1961 (SA), PCA offences are graded. High-range PCA leads to automatic disqualification of at least 12 months and imprisonment of up to 2 years for repeat or aggravated cases.
Australian Capital Territory (ACT)
Under the Road Transport (Alcohol and Drugs) Act 1977 (ACT), penalties range from fines and disqualification (low-range) to imprisonment of up to 12 months and mandatory interlocks for serious or high-range cases.
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
