Drink driving offences are taken seriously in NSW as they pose significant risks to public safety.
Awareness of the different types of drink driving offences, the corresponding charges, and the potential consequences are crucial.
Low-Range PCA Offences
Low-Range Prescribed Concentration of Alcohol (PCA) offences refer to instances where a driver is found to have a blood alcohol concentration (BAC) between 0.05 and 0.079. The charges for low-range PCA offences include:
Drive with Low-Range PCA
This charge applies when a driver operates a vehicle with a BAC within the low-range limit.
Consequences:
- A fine of up to $2,200 for the first offence.
- A minimum disqualification period of three months, which can be reduced with the completion of a drink-driving education program.
- The potential for imprisonment for subsequent offences.
Mid-Range PCA Offences
Mid-Range PCA offences occur when a driver is found to have a BAC between 0.08 and 0.149. The charges for mid-range PCA offences include:
Drive with Mid-Range PCA
This charge applies when a driver operates a vehicle with a BAC within the mid-range limit.
Consequences:
- A fine of up to $3,300 for the first offence.
- A minimum disqualification period of six months, which may be reduced with participation in the interlock program.
- The potential for imprisonment for subsequent offences.
High-Range PCA Offences
High-Range PCA offences involve drivers with a BAC of 0.15 or higher. The charges for high-range PCA offences include:
Drive with High-Range PCA
This charge applies when a driver operates a vehicle with a BAC exceeding the high-range limit.
Consequences:
- A fine of up to $5,500 for the first offence.
- A minimum disqualification period of 12 months, which may be reduced with participation in the interlock program.
- The potential for imprisonment for subsequent offences.
Novice Range PCA Offences
Novice Range PCA offences pertain to drivers who hold a learner, provisional, or probationary licence and have any measurable amount of alcohol in their system. The charges for novice range PCA offences include:
Drive with Novice Range PCA
This charge applies when a driver with a learner, provisional, or probationary licence has a BAC above zero.
Consequences:
- A fine of up to $2,200 for the first offence.
- A minimum disqualification period of three months, can be reduced with the completion of a drink-driving education program.
- The potential for extension of the provisional licence period or cancellation of the licence.
Refuse or Fail Breath Test or Analysis
Refusing or failing to comply with a breath test or analysis when requested by a police officer is a separate offence on its own. The charges for refusing or failing a breath test or analysis include:
Refuse Breath Test or Analysis
This charge applies when a driver refuses to undergo a breath test or analysis when requested by a police officer.
Fail Breath Test or Analysis
This charge applies when a driver fails a breath test or analysis by exceeding the legal BAC limit.
Consequences:
- A fine of up to $3,300 for a first offence of refusing or failing a breath test or analysis.
- A minimum disqualification period of six months for refusing a breath test or analysis.
- A minimum disqualification period of three months for failing a breath test or analysis.
Additional Consequences and Considerations
In addition to the legal penalties mentioned above, drink driving offences can have other consequences, including:
- Criminal Record: Convictions for drink driving offences result in a criminal record, which can impact employment prospects and personal life.
- Increased Insurance Costs: Having a drunk driving conviction on your record may lead to higher insurance premiums or difficulty obtaining coverage.
- Interlock Program: In certain cases, drivers may be required to participate in the alcohol interlock program, which involves installing a breath-testing device in their vehicle to prevent it from starting if alcohol is detected.
- Community Service or Rehabilitation: Sometimes, the court may order community service or alcohol rehabilitation programs as part of the penalty.