Mid Range PCA Penalties

Penalties for Mid Range PCA

Mid Range PCA penalties are significant, and impose serious consequences for drink driving. In New South Wales the criminal traffic offence of Middle Range drink driving NSW is commonly referred to as Mid Range PCA or middle range prescribed concentration of alcohol. This is a serious criminal offence which is laid by Police when they arrest a person for driving or otherwise operating a motor vehicle with a Blood Alcohol Concentration (BAC) reading of between 0.080 and 0.149 milligrams of alcohol in every 100 millilitres of blood. This will be measured by arresting Police either by way of a breath test, or a blood test, or both.

Middle Range drink driving NSW offences are considered to be serious matters, since they put drivers and the general community at a heightened level of risk.

Most Middle Range drink driving offences will attract a criminal conviction, a disqualification of license and a financial penalty, even first time offenders. All types of penalty for drink driving in NSW can have serious consequences. Is is possible to obtain a Mid Range PCA section 10 (an outcome which does not include a conviction)? Yes, it is possible in certain circumstances, but these outcomes are quite difficult to achieve.

Mid Range PCA Penalties

It is generally accepted that a person who has a blood alcohol reading in the Middle Range category is considered to be at least moderately affected by the alcohol, significantly impairing their ability to safely operate a motor vehicle, posing a moderate to significant risk not only to the driver, but to passengers. other road users and pedestrians.

The same level of alcohol consumption can affect different people in different ways. A group of people can consume the same amount of alcohol and have quite different BAC readings when tested at the same time. A person’s gender, height, weight, fitness, metabolic rate, liver function, how much and when they have eaten, and even fatigue can all come into play in affecting the blood alcohol reading of a person.

The charge of Middle Range drink driving NSW is one of the most common categories of drink driving offences that come before the Courts every day.

New South Wales Courts have a whole range of penalties and sentence options at its disposal, including terms of imprisonment.

Penalties for Drink Driving NSW (Middle Range PCA):

1st Offence:

For a 1st offence of Middle Range drink driving NSW (within a 5 year period) the following mid range PCA penalties may apply:

  • Maximum fine of $2,200
  • Maximum term of imprisonment of 9 months
  • Automatic disqualification period of 12 months (which can, in certain circumstances, be either increased or reduced)
  • Potentially unlimited maximum disqualification period
  • Minimum disqualification period of 6 months

2nd Offence:

For a second or subsequent offence of Middle Range drink driving NSW(within a 5 year period) the mid range PCA penalties and sentences which may apply include:

  • Maximum fine of $3,300
  • Maximum term of imprisonment of 12 months
  • Automatic disqualification period of 3 years (which can, in certain circumstances, be either increased or reduced)
  • Potentially unlimited maximum disqualification period
  • Minimum disqualification period of 12 months
These penalties for mid range drink driving must be taken into account by the Courts, and upon recording a conviction, a Court must impose at least the minimum disqualification period. Below that minimum period there is no discretion. The NSW parliament has determined (for many years now) that Courts should have no discretion to impose lower disqualification periods than mandated by parliament.

Imprisonment – Mid Range PCA Penalties?

Included in a Court’s discretion where an offence carries a term of imprisonment are options to imprisonment, such as good behaviour bonds, community service orders, suspended sentences, Intensive Corrections Orders, and home detention orders. All of these options are available to the Court in mid range PCA matters, and terms of imprisonment are routinely imposed by Courts for the more severe mid range drink driving offences, including offences with aggravating factors (such as being involved in an accident or concurrent charges of dangerous driving or driving at high speed) and for repeat offenders.

Section 10 for Mid Range PCA?

Is it possible to walk away from Court on a charge of Mid Range PCA with no conviction – i.e. being dealt with under Section 10? The answer is that it is possible, in certain circumstances, but this is a serious offence, and the vast majority of people charged with a Mid Range PCA offence will have a conviction recorded against them. It is therefore very important that you seek legal advice if you have been charged with this type of offence.

So don’t delay – call today – Drink Driving Lawyers Sydney – (02) 9533 2269 – for advice and representation to minimise drink driving consequences, and ensure the best possible result in your Mid Range PCA matter that could have major impacts on your life

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(02) 9533-2269

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