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PCA OFFENCES

The various types of drink driving offences are some of the most common charges in the criminal justice system. For the majority of people who have been charged with such an offence, it will be their first experience with the court system. The loss of one’s driving privileges can have serious consequences on your work prospects, as well as your freedom of movement in general. Such a charge can cause much stress, anxiety and potential uncertainty, given that most people rely on their own transport to commute to work or social events.

There is a wide scale of drink driving offences, though all of them are defendable to some degree. Moreover, the potential sentence imposed can be drastically reduced if you retain the services of an expert traffic lawyer and if you assume on yourself certain undertakings that will create a favourable impression about you in the mind of the Judge or Magistrate when you go to court.

Below we have provided a brief outline of all the relevant types of drink driving offences, the possible consequences of being charged with such offences, and what we can do to help you achieve the best result possible in the circumstances. For all these offences, the court has an overriding discretion not to record a conviction against you for the offence, regardless of how good or bad your driving record is. If the court decides not to record a conviction, you will not be disqualified from driving. The only way to secure a possible non-conviction for one of these offences is by getting sound advice from an experienced and technical proficient traffic lawyer.

If the court does convict you, then they must disqualify you from driving for a minimum period which is set by law, though conversely, they cannot disqualify you for more than the maximum period set by law. The automatic period of disqualification is the term you will likely receive unless you show the court good reason why your licence should not be disqualified for this period – this is why you need to contact our team of expert traffic lawyers at GMH Legal who can assist you achieve the best result possible in the circumstances.

For the following offences, the court cannot impose a gaol sentence or any other alternative to a gaol sentence, regardless of how bad your traffic record is.

* Novice Range Drink Driving: The offence of novice range PCA is committed when an L-Plater or P-Plater drives a motor vehicle on a public road with a blood alcohol concentration from 0.00 and below 0.02. If it is your first offence, the automatic disqualification period is 6 months. The minimum disqualification period is 3 months and the maximum disqualification period is 1 year, whilst the maximum fine the court can impose is $1,100. If it is your second or subsequent offence within 5 years, the automatic disqualification period is 6 months. The minimum disqualification period is 6 months and the maximum disqualification period is unlimited, whilst the maximum fine the court can impose is $2,200.
* Special Range Drink Driving: The offence of Special Range PCA is committed when a ‘special category driver’ drives a motor vehicle on a public road with a blood alcohol concentration from 0.02 and below 0.05. A special category driver includes not only L-Plate and P-Plate drivers, but many other types of drivers, such as those who have already been disqualified or people who drive cars for work purposes. If it is your first offence, the automatic disqualification period is 6 months. The minimum disqualification period is 3 months and the maximum disqualification is 6 months, whilst the maximum fine the court can impose is $1,100. If it is your second or subsequent offence within 5 years, the automatic disqualification period is 1 year. The minimum disqualification period is 6 months and the maximum disqualification period is unlimited, whilst the maximum fine the court can impose is $2,200.
* Low Range Drink Driving: 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 from 0.05 and below 0.079. If it is your first offence, the automatic disqualification period is 6 months. The minimum disqualification period is 3 months and the maximum disqualification is 6 months, whilst the maximum fine the court can impose is $1,100. If it is your second or subsequent offence within 5 years, the minimum disqualification period is 6 months and the maximum disqualification period is unlimited, whilst the maximum fine the court can impose is $2,200.

For the following offences, as well as the loss of your license and hefty fines, the court can impose a gaol sentence on you;

* Mid-Range Drink Driving: 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 from 0.08 and below 0.149. If it is your first offence, the automatic disqualification period is 12 months. The minimum disqualification period is 6 months and the maximum disqualification is unlimited, whilst the maximum fine the court can impose is $2,200. More alarmingly, the court can impose a goal term of up to 9 months if you are found guilty of this offence. If it is your second or subsequent offence within 5 years, the minimum disqualification period is 6 months and the maximum disqualification period is unlimited, whilst the maximum fine the court can impose is $2,200. The maximum goal terms that a court can impose on you for your second offence within 5 years is 1 year.
* High-Range Drink Driving: 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 above 0.150. If it is your first offence, the automatic disqualification period is 3 years. The minimum disqualification period is 1 year and the maximum disqualification is unlimited, whilst the maximum fine the court can impose is $3,300. More alarmingly, the court can impose a goal term of up to 1 year if you are found guilty of this offence. If it is your second or subsequent offence within 5 years, the minimum disqualification period is 2 years and the maximum disqualification period is unlimited, whilst the maximum fine the court can impose is $3,300. The maximum goal terms that a court can impose on you for your second offence within 5 years is 2 years.
* Mid-Range Drink Driving: 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 from 0.08 and below 0.149. If it is your first offence, the automatic disqualification period is 12 months. The minimum disqualification period is 6 months and the maximum disqualification is unlimited, whilst the maximum fine the court can impose is $2,200. More alarmingly, the court can impose a goal term of up to 9 months if you are found guilty of this offence. If it is your second or subsequent offence within 5 years, the minimum disqualification period is 6 months and the maximum disqualification period is unlimited, whilst the maximum fine the court can impose is $2,200.

Another common charge occurs when someone refuses to take a breath analysis at the request of the Police. This offence is committed when the driver of a motor vehicle on a public road is required by a legally authorized police officer to submit to breath analysis and refuses to do so or fails to provide a sufficient sample. The courts take this charge very seriously. The potential penalties for refuse breath analysis are exactly the same as the penalties for high range PCA (see above).

At GMH Legal, we have a thorough understanding of all the potential defences that can be used to defeat these charges and the ways in which you can achieve the most lenient sentence possible. In some circumstances, it is possible to challenge the accuracy of the alcoholmeter that the Police have used to assess the concentration of alcohol in your body. In addition, there are little known technical defences which many apply to your case, such as the defence of honest and reasonable mistake, the two hour rule and the home safe rule.

Moreover, our lawyers will help minimize any potential penalties imposed on you by collecting and compiling evidence of your good driving character and present this information to the court in a cogent and persuasive manner that will ensure the optimal outcome in the circumstances. We will also advise you in relation to other methods of maximizing your prospects of securing a favourable outcome in court, such familiarizing you with the Alcohol Ignition Interlock Program and Habitual Traffic Offender Declarations. These are the sport of resources and additional information we can provide at GMH Legal which will make your case stand out in court and increase your chances of securing the best possible outcome in the circumstances.