A person who drives a motor vehicle on a public road with a blood alcohol concentration from 0.08 to 0.149 commits the offence of mid-range PCA. If a court convicts you of this offence as a first offender, the maximum penalty is a fine of 20 penalty units ($2,200) and imprisonment for 9 months.
The minimum licence disqualification on conviction is 6 months, and the maximum is 12 months. This offence is subject to a mandatory interlock scheme. If you are subject to the interlock program, the court can disqualify you for a minimum of 3 months and a maximum of 6 months, followed by the interlock program for 12 months.
The maximum penalty for a repeat offender following the recording of a criminal conviction is a fine of 50 penalty units and imprisonment for 12 months. The minimum period of licence disqualification is 12 months, and the maximum is 3 years. This offence is also subject to a mandatory interlock scheme. If you are subject to the interlock program, the court can disqualify you for a maximum period of 9 months, and a minimum period of 6 months, followed by the interlock program for 24 months.
Will I get a criminal record for a mid range pca offence?
Most likely. Drink driving at any level is considered to be a serious offence. Mid-range drink driving penalties are significantly more severe than low range drink driving penalties due to the level of alcohol in the offender’s system.
Is it possible to avoid a criminal conviction for a mid range pca offence?
Yes, in limited circumstances. If the court decides not to convict you, it may sentence you to a dismissal (s. 10(1)(a) Crimes (Sentencing Procedure) Act 1999) or a conditional release order without conviction (s. 10(1)(b) Crimes (Sentencing Procedure) Act 1999).
If you receive a dismissal, or a conditional release order without conviction, your licence will not be disqualified.
However, you can receive no more than one non-conviction order for a drink driving offence within a five-year period (s.203 Road Transport Act 2013).
What is an interlock order?
An interlock order is an order made by the court when you are sentenced for certain offences. It requires you to obtain an “interlock drivers licence” and participate in the interlock program for a specified time.
If the court orders that you participate in the interlock program you must:
- within the last 4 weeks of your disqualification period – go to your GP for an assessment to obtain a drink-less medical certificate;
- have an approved provider install an interlock device in your car;
- to start your car blow into the device and register a nil alcohol reading;
- at random times while you are driving blow into the device and register a nil alcohol reading; 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 keeps a log of when this occurs which can be viewed by police and can lead to further charges.
If the court does not grant you an exemption and you cannot or do not comply with the interlock order, you will be disqualified from driving for five years.
Are there any exemptions?
You may be able to apply for an exemption from an Interlock Order if:
- you do not have access to a vehicle in which to install an interlock;
- you have a medical condition that would prevent you from providing a sufficient breath sample; or
- yours is a first mid-range offence and that it would cause severe hardship.
The time to make interlock exemption applications is when you are sentenced. An application should be supported by appropriate evidence.
If you are exempted from the Interlock Program, the automatic disqualification period is 12 months and the minimum disqualification period is six months
Where to now?
If you have been charged with mid range pca, contact us for legal advice or representation.
