What is Mid Range PCA?
You may be charged with the offence of Mid Range PCA if you are found to be driving with a blood alcohol concentration of between 0.08 and up to 0.15 under breath or blood analysis.
Proving the offence
It is important to be aware that it is not the reading at the time of analysis which is important, but your blood alcohol content at the time that you were driving. You should seek immediate legal advice if you have any reason to suspect that the two readings may differ – for example, if there was a lengthy delay between the time that you were driving and the time that the analysis was conducted.
If you successfully challenge your blood alcohol reading, then you may end up facing a lesser charge such as Low Range PCA, which obviously attracts lower potential penalties. You may even find yourself with a reading below 0.05, which would mean that you cannot be charged with an offence if you have an ordinary driver’s licence.
We can give you advice on whether there are grounds to challenge the reading, how to do so, the costs involved and details on the process.
What if I am convicted of Mid Range PCA?
If you are convicted of Mid Range PCA, you may have a criminal record. You will also be automatically disqualified from driving for 12 months if this is your first offence. It is at the court’s discretion to reduce this further to not less than six months – unless you are able to avoid a conviction altogether under section 10.
A fine of up to $2,200 may also be imposed on you and, in certain circumstances, it is possible to be imprisoned for a Mid Range PCA offence. We can give you advice on the best arguments available in your situation, and assist you to prepare arguments in mitigation of any penalty.
If you are charged with a second or subsequent offence within a five-year period, your driver’s licence will be disqualified for an automatic period of three years and not less than 12 months – except in certain circumstances. We can give you more advice as to whether you may be eligible for a lower disqualification period.
Leniency and mitigation
Even if you plead guilty to the offence of Mid Range PCA, a court may order that no conviction is to be recorded under section 10 and your licence is to be returned. We can give you advice on the best ways to argue for leniency depending on your individual circumstances, including by obtaining character references.
We can also discuss with you whether there may be some merit to you participating in the Traffic Offender Intervention Program. A court will take your participation in this educational program into account when determining your penalty for Mid Range PCA.