PCA

PCA stands for prescribed concentration of alcohol. Most drink driving offences are called PCA offences.

Novice Range PCA

The Novice range PCA alcohol limit is for people with a blood alcohol concentration above 0.000 and not higher than 0.019.

Whilst generally the legal limit is below .050, some categories of drivers cannot have any alcohol in their system at all.

Novice Drivers include people on their L’s and P plates, or those who have had their licence suspended, disqualified or expired.

If you are drink driving on your P Plates, or L Plates, and your reading is above 0.000 and not higher than 0.019, then it is likely that you would be charged with this offence.

Special Range PCA

The offence of special range PCA is committed by a special category driver = with a blood alcohol concentration of at least 0.020 but not higher than 0.049.

The special range applies to drivers, such as bus and taxi drivers, who hold a particular class of licence subjecting them to a blood alcohol limit of 0.02, as well as P and L Platers who should have a zero blood alcohol reading.

P Plate drink driving and L Plate drink driving offences are usually charged under this offence, or the Novice Range, depending on what the persons BAC is.

Low Range PCA

The offence of low range PCA is committed by a full licence holder with a blood alcohol concentration of at least 0.050 but not higher than 0.079.

Mid Range PCA

The offence of mid range PCA is committed by a full licence holder with a blood alcohol concentration of at least 0.080 but not higher than 0.149.

High Range PCA

The offence of high range PCA is committed by a full licence holder with a blood alcohol concentration of at least 0.150 and above.

Refuse Breath Analysis

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.

Driving Under the Influence

Unlike the offence of driving with the Prescribed Concentration of Alcohol, no breath analysis is done 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 smelling of intoxicating liquor, the person’s slurred speech, the person being unsteady on their feet, or a car accident.

Wilfully Alter Blood Concentration

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.

Road or Road Related Area

Drink driving is an offence if it occurs on a road or road-related area. This includes 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.

Second or Subsequent offence

The maximum penalties that apply for many traffic offences depend upon whether the person is charged with a ‘first’ or ‘second/subsequent offence’. This definition is found in section 9 of the Road Transport Act 2013.

Where a person has been charged with the new Low- Range PCA offence, this new offence is considered to be a second or subsequent offence only if (within a period of five years) that person was convicted of a previous offence that was either; an offence against the same provision, an offence against a former corresponding provision, or an equivalent offence. It can also include when you have received a Penalty Notice for a similar offence before even if you never went to Court for it. Sometimes this can be tricky to work out – and it doesn’t literally mean whether it is your second offence or not.

Interlock Order

An interlock order is an order made by the court when you are sentenced for certain offences. It is a court order that requires you to obtain an “interlock drivers licence” and participate in the interlock program for a specified time.

Participation in the interlock program means that you must:

• go to your GP for an assessment to obtain a drink-less medical certificate. This must be done within the last 4 weeks of your disqualification period;
• have an interlock device installed in your car by an approved provider;
• blow into the device and register a nil alcohol reading to start your car;
• blow into the device and register a nil alcohol reading at random times while you are driving your car; and
• drive no other car for the duration of the program.

If the device detects alcohol on your breath, the car’s engine will turn off and you won’t be able to re-start the car. The device also keeps a log of when this occurs which can be viewed by police and can lead to further charges.

If you are not granted an exemption by the court and you cannot or do not comply with the interlock order then you will be disqualified from driving for five years.

Disqualification

A disqualification is a court order that stops your from being able to drive. It is important to note that a disqualification cancels your licence – so you need a new licence at the end of your disqualification period before you can drive again. Many traffic offences had mandatory disqualification periods, which means that if you are convicted of the offence, the Court must disqualify you for some period of time.

Suspension

A suspension of a drivers licence can be imposed by the police in certain circumstances and also by Transport for NSW.

“Drive”

Drive has a specific legal definition under the Road Transport Act 2013 which includes:

(a)  be in control of the steering, movement or propulsion of a vehicle, and

(b)  in relation to a trailer, draw or tow the trailer, and

(c)  ride a vehicle.

Major offence

A Major Offence is a category of offences that includes the following:

• drink driving offences
• drug driving offences
• dangerous driving offences
• and offence that caused the death of bodily harm of someone cause by or arising out of the use of a motor vehicle.

It can be important to understand if an offence is a major offence because it will impact whether something is considered a second or subsequent offence – and therefore the maximum penalties.

Road Related Area

A road related area is defined by the Road Transport Act 2013 as including:

(a)  an area that divides a road, or

(b)  a footpath or nature strip adjacent to a road, or

(c)  an area that is open to the public and is designated for use by cyclists or animals, or

(d)  an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles, or

(e)  a shoulder of a road, or

(f)  any other area that is open to or used by the public and that has been declared under section 18 to be an area to which specified provisions of this Act or the statutory rules apply.

Many traffic offences require you to be driving on a road, or a road related area.

For advice or representation in any legal matter, please contact Armstrong Legal.