Drink driving offences cover a number of specific offences under the Road Transport Act 2013.
Common Drink Driving Offences
The most common drink driving offence that the Courts deal with are:
– Drive with low range prescribed concentration of alcohol
– Drive with mid range prescribed concentration of alcohol
– Drive with high range prescribed concentration of alcohol
These are usually referred to as:
– Low Range PCA
– Mid Range PCA
– High Range PCA
As the terminology would seem to suggest, if you are charged with one of these drink driving offences, the more alcohol you are found to have in your blood, the greater the trouble you are in. All are criminal offences, however, and must not be taken lightly.
The definition for Low Range PCA is an alcohol content in your blood of .05 to .079, Mid Range PCA is an alcohol content of .08 to .149, and a High Range PCA is .15 and higher.
Penalties for these drink driving offences range from Fines up to $5,500.00, plus Imprisonment for up to 2 years, and Disqualification from driving for 5 years or even more.
If you are charged with a Low Range PCA drink driving offence, and it is a first offence, then your sentencing prospects are considerably better than these maximums, but you could still be fined up to $1,100.00, and Disqualified from driving for 6 months or even more. And unless extenuating circumstances apply (either in relation to the commission of the offence, or your personal circumstances, or both) you will also be convicted of the offence, thereby incurring a criminal record.
Other Drink Driving Offences
Less common, but potentially just as significant or more so, depending upon your perspective, are the drink driving offences of:
– Novice Driver with Novice Range Prescribed Concentration of Alcohol
– Special Category Driver Drive with Special Range Prescribed Concentration of Alcohol
– Drive While Under the Influence of Alcohol or Other Drug
There are also the similar types of offences of:
– Drive with Prescribed Illicit Drug in Oral Fluid, Blood or Urine
– Drive with Morphine or Cocaine in Blood or Urine
– Refuse or Fail to Submit to Breath Analysis
– Refuse or Fail to Submit to Oral Fluid Test
– Refuse or Fail to Submit to Sobriety Assessment
– Refuse or Fail to Submit to Taking of Blood Sample
– Refuse or Fail to Provide Oral Fluid Test
– Refuse or Fail to Provide Urine Sample
– and various offences relating to secondary participants or others preventing samples being taken, or altering the concentration of alcohol or other drugs.
If you return a positive reading on a roadside breath (or other) test (whether it is random or targeted), and are subsequently charged with a drink driving offence or any of the offences referred to above, you should seek legal advice. Drink driving offences can have significant, and ongoing, effects on your life
Call our drink driving lawyers on (02) 9533 2269 for more information on how we can assist you
