Drink Driving, PCA, and Drug Driving Offences

Drink Driving also known as Prescribed Concentration of Alcohol (PCA) offences

Drink Driving Offences (also referred to as ‘PCA’ (Prescribed Concentration of Alcohol) offences) fall into different categories depending on the degree of alcohol present. The penalties imposed by the Courts range significantly depending on the type of drink driving offence, the accused person’s driving history and subjective and objective features of the person and offence.

Any persons caught driving a motor vehicle with a reading above the prescribed concentration of alcohol for their applicable licence are committing an offence. If convicted they will receive a criminal record in addition to the penalty imposed.

If you have been charged or know somebody that has been charged with one of more of these types of offences, contact D M S Lawyers so we can assist you or the person you know through the Court process.

The information provided in this web site is a guide only and not to be seen as a substitute for legal advice. The information provided is not an exhaustive list of offences and covers some of the common offences and penalties that the Court can impose. Whilst the website may be reviewed from time to time to ensure accuracy, due to legislation constantly changing, the information in this web site cannot be relied upon as being up to date and accurate.

Drug Driving

The offences of driving over the prescribed concentration of alcohol, driving whilst present in your blood, urine or oral fluid certain specific drugs or drive under the influence of alcohol or other drugs are now found in the Roads Transport Act 2013.

There are a number of offences for driving whilst under the influence of drugs, driving whilst certain specified drugs are present in your urine, oral fluid or blood or if you fail to comply with a request for a drug test.

An offence of drug driving can carry gaol sentences, fines and lengthy periods of disqualification.

“First” offence or “Second or subsequent offence”

The legislation also categorises offences into either a “first” offence or a “second and subsequent offence”. The legislation in some cases may impose a different definition of “second offence” to a specific offence although generally a person is guilty of a second or subsequent offence of that person has been convicted of what is called a “major offence” within the last five years.

Major offences include:

Certain offences involving intent to injury or injury or death under the Crimes Act 1900 (NSW) which involve the use of a motor vehicle in the commission of those crimes, predatory driving, police pursuits, and failing to stop and assist in an accident causing death.
dangerous or negligent driving offences,
prescribed concentration (PCA) also known as drink driving offences,
driving under the influence of drugs,
refusing to submit to testing for drugs or alcohol, or
the aiding and abetting of the commission of any of the above crimes or offences.

Penalties for Drink (PCA) and Drug driving offences.

There are significant penalties and disqualifications that arise from committing alcohol or drug related driving offences.

The following are some of the types of offences and the penalties set out by the relevant legislation that the Courts can impose for driving under the influence of alcohol or drugs, driving exceeding the prescribed concentration of alcohol or driving whilst present in your urine, blood or oral fluids specific drugs.

Breath Tests

The police have the power to conduct a breath test. If a positive test result is proved the police can then arrest that person and take them to a local police station for the purposes of a breath test analysis. Such analysis must take place within two hours of the driving event leading to the positive breath test. The person arrested may request the police officer to arrange for a medical practitioner to take a blood sample for future analysis, provided the costs are met by that person. The person is still required to perform the breath analysis even if a blood test is requested or performed.

Interlock

On 1 February, 2015 the law changed that imposed a mandatory obligation on Magistrates when sentencing for drink driving offences to impose what is called “interlock” conditions.

Essentially the interlock program applies to all drivers who are convicted of high range prescribed concentration of alcohol (PCA) offences, persons convicted of repeat PCA offences, and other serious drink driving type offences.

The consequence to the person appearing before the Court for sentencing for one of these offences is that a different regime of disqualifications and conditions can apply rather than the mandatory disqualification periods. The mandatory disqualification periods will continue to apply if the Court exempts you from participation in the interlock program.

The Interlock program consists of an “interlock disqualification period” and an “interlock compliance period”. The disqualification period is the period that the Court will impose that your licence is disqualified. At the end of the disqualification period you may then apply to the RMS for a licence with interlock conditions attached to it. These conditions will remain for the “interlock compliance period” and you will be bound by the rules surrounding the interlock licence. It will also be necessary to fit to your car an electronic breath testing device linked to the ignition system of your car. The regime involves having the device calibrated regularly at your expense.

If the offender fails to participate in the program then they may be disqualified from driving for a period of five years from the date of the Court conviction.

Interlock compliance and disqualification periods

Interlock compliance and disqualification periods table

Presence of certain drugs in blood, urine or oral fluid

There are a number of offences falling into this category where it is an offence to either drive a vehicle, occupy the drivers seat or attempt to put a vehicle in motion or be in the front passenger seat whilst a Learner driver attempts to put the vehicle in motion. Such offences include:-

Drive with prescribed illicit drug

This offence applies to driving whilst present in your blood, urine or oral fluid sample any of the following drugs:-

delta-9-tetrahydrocannabinol (also known as THC),
methylamphetamine (also known as speed),
3,4-methylenedioxymethylamphetamine (also known as ecstasy).

Drive with presence of morphine or cocaine in urine or blood

Drive under the influence of drugs or alcohol

Like the other alcohol and driving offences this offence applies to persons whilst under the influence of alcohol or drugs who drive, attempt to drive or put a vehicle in motion, sit in the drivers seat or occupy the seat next to a learner driver doing any of the above.

Penalty Table for Drug Driving Offences

Drug Driving Penalty

COMMON ALCOHOL, PRESCRIBED CONCENTRATION OF ALCOHOL (PCA), SPECIFIC DRUG AND DRIVING UNDER THE INLUENCE OF DRUGS (OR ALCOHOL) OFFENCES

Novice Range PCA offences – (concentration of more than zero grams, but less than 0.02 grams, of alcohol in 210 litres of breath or 100 millilitres of blood)

Whilst the definition of Novice Range Driver includes other types of specified drivers, this range most commonly includes persons who hold (or no longer hold because of suspension, disqualification of cancellation of the licence) an applicable learner licence, applicable provisional licence or applicable interlock driver licence or for persons who have never obtained an applicable drivers licence.

Special Range PCA offences – (concentration of 0.02 grams or more, but less than 0.05 grams, of alcohol in 210 litres of breath or 100 millilitres of blood)

These types of offences also apply to persons holding (or have ceased to hold because of suspension, disqualification or cancellation) a learners permit or a P1 or P2 drivers licence and interlock drivers. In addition to learner and provisional licence holders, the special range category applies to drivers that are at the time of driving disqualified, suspended, have never held an applicable licence or whose licence has expired more than six months prior.

In addition to the above a person may fall within the special Range PCA category of driver if any of the following is applicable: –

the motor vehicle is being driven for hire or reward, or in the course of any trade or business, as a public passenger vehicle within the meaning of the Passenger Tranport Act 1990,
the motor vehicle is a coach, or
the motor vehicle is a motor vehicle that has a GVM exceeding 13.9 tonnes, or
the motor vehicleis being used in combination with a traler in circumstances where the motor vehicle and trailer combination has a GCM exceeding 13.9 tonnes, or
the motor vehicle (or any trailer being towed by the motor vehicle):
- is required, because it carries dangerous goods within the meaning of the Dangerous Goods (Road and Rail Transport) Act 2008, to have a sign exhibited on it by regulations under that Act, or under any code prescribed for the purposes of this paragraph by statutory rules under this Act, or
- carries any radioactive substance within the meaning of the Radiation Control Act 1990.

Low Range PCA offences – (concentration of 0.05 grams or more, but less than 0.08 grams, of alcohol in 210 litres of breath or 100 millilitres of blood)

These types of offences apply to all drivers of motor vehicles, if the low range prescribed concentration of alcohol is present in the driver at the time of driving, regardless of the type of licence that is held.

Mid Range PCA offences – (concentration of 0.08 grams or more, but less than 0.15 grams, of alcohol in 210 litres of breath or 100 millilitres of blood)

These types of offences apply to all drivers of motor vehicles, if the mid range prescribed concentration of alcohol is present in the driver at the time of driving, regardless of the type of licence that is held.

Mid Range PCA offences can attract a period of imprisonment as a maximum penalty, in addition to any disqualification imposed.

High Range PCA offences – (concentration of 0.08 grams or more, but less than 0.15 grams, of alcohol in 210 litres of breath or 100 millilitres of blood

High Range PCA offences can attract a period of imprisonment as a maximum penalty, in addition to any disqualification imposed.

Refuse breath analysis and refuse to submit to a drug Test

It can be an offence to refuse to submit to a breath analysis or drug test.

Aid and Abet

Any person who aids and abets a person committing a drink driving offence may be guilty of an offence. Some circumstances where this may exist include a person providing the keys to a motor vehicle to an intoxicated person, where that person knows the other person to be intoxicated and that they are going to drive their car. A person charged with this offence may be liable to receive the same penalty and charge if found guilty as the offence for which the intoxicated person is charged.