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MID RANGE DRINK DRIVING (PCA)

The offence of mid-range PCA is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration from 0.08 to 0.149. If you are convicted by a Court, which is the most likely outcome in these cases, the maximum penalty for a first offender is imprisonment for 9 months and/or a fine of up to 30 penalty units ($3,300).

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Upon conviction, the minimum licence disqualification is for 6 months and the mandatory interlock period for 12 months. However, if you are exempted from driving with an interlock device, then the automatic disqualification is 12 months.

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The maximum penalties for repeat offenders, following a conviction, is a maximum penalty of up to 12 months imprisonment, a fine of up to 50 penalty units ($5,500), minimum licence disqualification for 9 months, and mandatory interlock program for 24 months. However, if you are exempted from an interlock device, then the automatic disqualification is 3 years.

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Table of Penalties for Mid-Range Drink Driving:

Penalty

First offence

Second or subsequent offence

Maximum court- imposed fine

$2,200

$3,300

Maximum prison term

9 Months

12 Months

Minimum disqualification

$2,200

$3,300

Maximum disqualification

N/A

N/A

Automatic disqualification (disqualification period that applies in the absence of a specific court order)

12 Months

3 Years

Immediate licence suspension

Yes

Yes

Subject to an alcohol interlock order

Yes

Yes

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This information is intended to provide a general guide to the law. It should not be relied on as legal advice and it is recommended that you contact KF Lawyers to obtain tailored advice about your particular situation. The information stated is correct as at the date it has been published, and it may be amended from time to time. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

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