In NSW, drink driving at any level is a serious offence which attracts heavy penalties. A mid-range PCA is an offence committed by a person who drives on a public road with alcohol in their system. In Mid-range drink driving, the prescribed concentration of alcohol is between 0.080 – 0.149. If you are convicted of mid-range drink driving, the Court will disqualify your driving license and may impose an interlock period.
The Penalties for Mid-range Drink Driving
The offence of mid-range PCA attracts heavy penalties to reflect the seriousness of the offence. The penalties are more serious for second time or repeat offenders. The penalties are as follow:
First Offence
- A fine of up to $2,200
- Imprisonment for up to 9 months.
On conviction, the following also apply:
- Licensed disqualification for a minimum period of 3 months
- Interlock period of a minimum 12 months
Second or Subsequent Offence
- A fine of up to $3,300
- Imprisonment for up to 12 months
On conviction, the following also apply:
- Licensed disqualification for a minimum period of 6 months
- Interlock period of a minimum 24 months.
If a driver is convicted of 2 drink driving offences within a 5-year period, they will be required pass the ‘Driver Knowledge Test’ before they can get a license to drive again.
What Is an Interlock Order?
An interlock order made by the Court for mid-range drink driving requires the offender to obtain an interlock licence after their disqualification period. The interlock process is as follows:
- Local Court conviction and interlock order made,
- Serve disqualification period ordered by the Local Court,
- Apply for an Interlock drivers licence,
- Complete interlock period ordered by the Local Court,
- Apply for a driver licence without an interlock condition.
There are many fees associated with the interlock process which include the licence fee, device installation and service fee, device removal fee.
Are There Any Exemptions to an Interlock Order?
You can get an exemption from interlock orders for the following reasons:
- You do not have access to the vehicle for the installation of an interlock device,
- You are suffering from a medical condition that prevents you from providing a breath sample, or
- If you are convicted of a mid-range PCA(first offence) and
- the making of an interlock order would cause severe hardship, and
- its is more appropriate to make an interlock exemption order.
If the Court makes an interlock exemption order, the person’s drivers licence will be disqualified for a longer period of time.
Mid-Range Drink Driving and Section 10 Non-Conviction
On a guilty plea or finding of guilt, the Local Court has the discretion to sentence the offender via a non-conviction Conditional Release Order. If the Local Court exercises discretion by not recording a conviction, there will be no disqualification period or an interlock period.
A non-conviction outcome for a mid-range PCA offence is rare and will amount to great leniency afforded by the Court to the offender. There are specific criteria that the Courts consider when deciding if discretion should be exercised. Such an outcome requires thorough preparation and advice from a traffic lawyer in Sydney.