Driving Under the Influence (NSW)

In New South Wales, it is an offence to use or attempt to use a motor vehicle while under the influence of alcohol or another drug. The offence known as Prescribed Concentration of Alcohol (PCA) is contained in section 112 of the Road Transport Act 2013.

The offence can be split into a number of categories. The most common categories are:

• Special Range PCA - 0.02 - 0.049 blood alcohol concentration.
• Low Range PCA - 0.05 - 0.79 blood alcohol concentration.
• Medium Range PCA - 0.08 – 0.149 blood alcohol concentration; and
• High range PCA - 0.150+ blood alcohol concentration.

This offence is also subject to mandatory disqualification periods and interlock orders.

Disqualification Periods for PCA charges

Police have the power to issue an immediate licence suspension for a PCA charge. Usually, the Court will backdate your disqualification period to commence at the time that the police originally suspended you from driving.

The Road Transport Amendment (Mandatory Alcohol Interlock Program) Act 2014 imposes a mandatory disqualification period for a PCA offences that are mid-range or higher, which varies depending on whether it is the offender’s first or second offence. While the period of disqualification varies depending on the range, the minimum period of disqualification for a first offence low range PCA is 3 months while a first offence medium range PCA is a 6 month disqualification.

Second and subsequent offences carry longer periods of disqualification and longer mandatory Interlock Order periods.

Mandatory Interlock Orders for PCA charges

Mandatory interlock orders automatically apply to PCA offences which are listed as mid-range or high range.

Mandatory interlock orders require the driver to obtain and serve a period of time on an interlock licence after having completed their disqualification period. During this period, the person must install and maintain an interlock device on their vehicle.

Unless a driver applies for and is granted an interlock exemption order, a mandatory interlock order will be automatically applied when they are convicted.

To receive an exemption from a mandatory interlock order, a person needs to satisfy Section 212 of the Road Transport Act 2013. This provision requires: (a) That the person does not have access to a vehicle in which to install an interlock device, or (b) That they have a diagnosed medical condition that prevents them from providing a sufficient breath sample and installing the device is not reasonably practical.

It is worth noting that an exemption from a mandatory interlock order will result in a longer period of disqualification. The Mandatory Interlock Order for mid-range PCA first offence is 1 year.

The Mandatory Interlock Order for a high-range second or subsequent PCA offence is 4 years.

The contents of this article are general in nature. For advice specific to your circumstances, please contact your legal practitioner.

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