Drink Driving DUI General Information
Prescribed Content Alcohol
All PCA (Prescribed Content Alcohol) offences are considered as major offences. There is a difference between a PCA and DUI (Driving Under the Influence). There are very few DUI offences still in existence; as many have since been replaced by the current PCA offences.
Generally, the Law prescribes that it is an offence for a person to drive or operate a vehicle whilst under the influence of a drug or alcohol. Penalties will depend on the type of offence committed; the prior driving history of the driver and other relevant circumstances.
Upon conviction for a major offence a period of automatic licence disqualification applies, amongst other penalties. When the matter comes before the court, the Magistrates hearing your matter may take into account the effects of disqualification on you when deciding what penalty should be imposed on you, including a goal sentence.
The Court has the power to reduce or extend the automatic disqualification period, as it thinks fit subject to the minimum period outlined under the act. The Court can also impose another penalty on top of a disqualification period. These may include a good behaviour bond or a fine.
A criminal conviction will also probably be recorded against you.
There are five different categories of PCA offences. They have been outlined in the below table.
First offence:
| Offence | Max. fine | Max. gaol | Min. disq. period | Automatic disq. period | Interlock period |
| Novice range PCA | $2,200 | N/A | 3 months | 6 months | N/A |
| Special range PCA | $2,200 | N/A | 3 months | 6 months | N/A |
| Low range PCA | $2,200 | N/A | 3 months | 6 months | N/A |
| Mid range PCA | $2,200 | 9 months | 6 months | 12 months | 12 months |
| High range PCA* | $3,300 | 18 months | 6 months | 9 months | 2 years |
Second or Subsequent Offence:
| Offence | Max. fine | Max. gaol | Min. disq. | Max. disq. | Interlock period |
| Novice range PCA | $3,300 | N/A | 1 month | 3 months | 12 months |
| Special range PCA | $3,300 | N/A | 1 month | 3 months | 12 months |
| Low range PCA | $3,300 | N/A | 1 month | 3 months | 12 months |
| Mid range PCA | $3,300 | 12 months | 6 months | 9 months | 2 years |
| High range PCA* | $5,500 | 24 months | 9 months | 12 months | 4 years |
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Antwan Lawyers are expert solicitors in all drink driving matters and will provide you with the best legal representation for all PCA, DUI police charges and any traffic offence.
We will give you accurate advice about drink driving penalties, fines, disqualification periods, habitual offender declarations, Interlock devices, breath test, breath analysis, traffic offenders programs, the guideline judgment for high range drink driving and much more and all sentencing options including a Conditional Release Order previously knowns as “Section 10” dismissal of the charges.
You may be unaware of the legal redress or defences available to you. Don’t risk it. A criminal conviction is forever and may effect your future employment. Losing your license could mean loss of your job.
Antwan Lawyers are determined to overcome any issue no matter how complex and always seek to act in your best interests to make certain that the best possible result is achieved for you.
An office near you
We have offices throughout Sydney & New South Wales.
We also attend country NSW clients by appointment.
We care
We understand that you are not a criminal and we will treat you with respect and dignity. We understand your case is unique and so are your needs, and we will ensure that the Court also are made aware of these, when we are representing you.
If the police have issued you with a Court Attendance Notice, yes. Otherwise, you will only have to go to Court if you elect to.
A repeat offender with respect to a driving offence, is a person whom is convicted for a second or subsequent major offence within a period of 5 years from their last offence.
What is a Major Offence?
A major offence, for the purposes of traffic matters, is defined in the Road Transport Act 2013 NSW. Amongst other major offences, a prior major offence includes a previous conviction of:
1. Drink driving offence;
2. Drug driving offence;
3. Refusal or failure to submit to test, analysis or assessment;
4. Refusal or failure to provide samples or preventing sample taking;
5. Wilful introduction or alteration of concentration or amount of alcohol or other drugs;
6. Negligent, furious or reckless driving;
7. Menacing driving;
8. Failing to stop and assist after impact causing injury;
9. Wounding or grievous bodily harm with intent;
10. Reckless grievous bodily harm or wounding;
11. Injuries by furious driving;
12. Predatory driving;
13. Police pursuits; and/or
14. Dangerous driving and/or navigation.
The above list is not exhaustive. For more information about your prior convictions and if there are considered a major offence, ring Antwan Lawyers now for a confidential discussion.
How Will the Court Treat My Prior Serious Office?
It is important to note that if you are a repeat offender, the Court will treat you differently. One example of this is a repeat offender is not entitled to be afforded leniency of a section 10 conviction order if they have previously been afforded a section 10 for a similar matter in the last 5 years. This means that you may have a conviction recorded against you, be subject to a period of disqualification as well as other penalties.
How Can We Help?
We understand that having a prior conviction can be daunting. We can help you with preparing your matter and making submissions to argue for a reduction of any disqualification period or any other punishment that the Court may deem fit in the circumstances. To get assistance, ring us now on 1300 268 926.
