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Sydney NSW 2000
99 William Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
Contact Armstrong Legal:
Sydney: (02) 9261 4555
PCA stands for prescribed concentration of alcohol.
The offence of novice range PCA is committed by a person who is the holder of either a learner licence or provisional licence who drives a motor vehicle on a public road with a blood alcohol concentration above 0.000 and not higher than 0.019.
The offence of special Range PCA is committed by a special category driver who drives a motor vehicle on a public road with a blood alcohol concentration of at least 0.020 but not higher than 0.049. The special range applies to drivers who hold a particular class of licence subjecting them to a blood alcohol limit of 0.02 such as bus and taxi drivers.
The offence of low Range PCA is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration of at least 0.050 but not higher than 0.079.
The offence of mid range PCA is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration of at least 0.080 but not higher than 0.149.
The offence of high range PCA is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration of at least 0.150 and above.
The offence of refuse breath analysis is committed by a person who was the driver of a motor vehicle on a public road and when required to submit to breath analysis either refuses or fails to provide a sufficient sample. It is not a defence to refuse breath analysis on the basis that you wanted to seek legal advice before providing a sample for breath analysis.
Unlike the offence of driving with the Prescribed Concentration of Alcohol no breath analysis is undertaken in the offence of driving under the influence. Driving under the influence is generally proven by the observations of police or witnesses and the surrounding circumstances, such as the person’s breath smelt of intoxicating liquor, slurred speech, unsteady on their feet or a car accident.
This offence is committed by a person who purposely consumes more of a substance to alter the level of alcohol in their blood or breath between the time of the alleged offence and the time of testing. For example, a person who is involved in a motor vehicle crash and while waiting for police to arrive, consumes an alcoholic beverage.
Drink driving is an offence if it occurs on a road or road related area. This includes roads, public footpaths, cycle lanes, public car parks, or any area that is not a road but is open to or used by the public for driving, riding or parking vehicles.
In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.