Overview

What is Low Range PCA?

If you have been charged with Low Range PCA, the police are alleging that you were driving with a blood alcohol concentration of 0.05 to below 0.08. This is at the lower end of the drink driving spectrum. However, all drink-driving offences are considered to be serious, and you still face significant penalties.

 

What are the penalties for Low Range PCA?

If you are found guilty of Low Range PCA, you may have a criminal conviction recorded against you. This can affect your life in a number of ways, including your employment and your ability to travel to certain countries.

However, in some cases, there is a way to avoid a conviction being recorded. Nyman Gibson Miralis can assist you in seeking leniency under section 10, providing tips on the best possible character reference and further advice relevant to your circumstances.

Penalties for this offence include:

First major offence within 5 years
Maximum fine $1,100
Minimum disqualification 3 months
Maximum disqualification 6 months
Automatic disqualification (in the absence of a specific court order) 6 months
Second major offence within 5 years
Maximum fine $2,200
Minimum disqualification under Interlock 1 month 
Maximum disqualification under Interlock 3 months
Interlock period 12 months

 

Although it doesn’t happen very often, in certain circumstances the court may grant you an exemption to the Interlock program for a second offence, which means the disqualification period increases.

 

How severe is the charge against you?

Low Range PCA is taken seriously by the court, because of the risk of injury to members of the public that drink driving poses. The disqualification periods and fines are harsh, and can cause significant problems in your daily life.

 

Traffic Offender Intervention Program

This is a course which you can choose to sign up for. During the course, you will learn about traffic rules, why it is important to keep them and the potential consequences of failing to do so. After completion of the course, a certificate will be provided to the court, which may be taken into account in your sentencing.

More information about the Traffic Offender Intervention Program

Interlock program

If you have been found guilty of your second drink driving offence within five years, participation in the Interlock program is mandatory. Under the program, a device fitted to your vehicle will prevent your vehicle from starting if you blow over zero.

More information about the Alcohol Interlock Program

 

What happens next?

It is crucial that you obtain legal advice promptly once you have been charged with Low Range PCA.

We can outline the likely penalties, and advise you on the steps to take immediately after you are charged, which can assist in establishing potential defences.

Articles

Low Range PCA Drink Driving Articles

FAQs

Low Range PCA Drink Driving FAQs

Can I Avoid A Drink Driving Conviction?

Yes – in certain circumstances. Most people plead guilty to drink driving offences. It is possible that no conviction is recorded based upon your excellent character, good driving history, circumstances of the offences, your health, age, antecedents, mental condition and much more. There is specific provision within legislation that allows a Court to arrive at this decision although it is a discretionary matter for the Magistrate.

In some instances, the matter should be defended, or at least the possibility of defending the case. It may be possible to challenge the breath analysis reading. Time limits apply to police demanding a breath test and breath analysis or blood test. There are restrictions on where a police officer can demand a test – for instance not in your home (the meaning of home is not necessarily limited to inside your house!). For accurate advice about your case, contact our criminal defence specialists or drink driving lawyers.

How Do You Know If I Can Challenge The Breath Analysis Reading?

Our traffic experts will ask you to provide us with information about you and your drinking history, events leading up to you being tested and more. We will get information from the police documentation that you have been given and we will obtain other information from the police. We can then advise the likely prospects of being able to challenge the breath analysis. Remember it is the time of driving that is important – not the time of analysis. If we are successful in challenging the reading and you hold a full licence, the charge against you would be withdrawn or dismissed.

If Convicted of Drink Driving Will I Be Disqualified?

Yes. The automatic period will apply unless reason exists to reduce that period towards or to the statutory minimum.

So The Automatic Disqualification Period Can Be Reduced?

Yes. There are 3 circumstances set out in the Guideline Judgment for High Range Drink Driving that have filtered down to mid range and low range matters that have a direct bearing on whether the automatic period of disqualification should be varied. There are also subjective circumstances, such as a good driving record, that will assist, as well as in some cases an analysis of the objective seriousness of the offence. Presentation of your matter can make a big difference to the ultimate result. If your licence is important to you, seek legal advice from one of our criminal defence lawyers or traffic experts today.