<em>The following applies for legislation in New South Wales. You need to check the legislation in your state or territory as legislation is different in each jurisdiction.

1. Low-range PCA – including novice and special range.

• For a novice (new) driver there must be no alcohol in their system.
• For special range PCA the prescribed BAC starts at 0.02. This includes bus or taxi drivers while they are driving a bus or taxi.
• Special range PCA drivers will face an immediate suspension of their licence if they are found to be over the prescribed BAC.
• A low-range PCA involves a blood alcohol concentration (BAC) starting at 0.05 but less than 0.08.
• The penalties are:
  • a maximum penalty of $1100 for a first offence and
  • $2200 for any subsequent offence.
• The minimum disqualification is:
  • three months for a first offence or
  • a maximum of six months.
• Any subsequent offences will result in a minimum period of six months disqualification.
• The maximum penalty that can be imposed is disqualification of your licence for such time as the magistrate sees fit.
• In the absence of a specific court order the automatic penalty that will be imposed is the disqualification of your licence for six months minimum and 12 month

2. Mid-range PCA

• For a person who is found to have a BAC of 0.08 but less than 0.15 the court can impose:
  • a maximum fine of $2200 for a first offence and
  • $3300 for any subsequent offences.
• Their licence is immediately suspended.
• A driver can also be imprisoned for a maximum of nine months for a first offence and 12 months for any further offences.

3. High-range PCA or refusal to undergo a breath test.

• Any person found to be driving a vehicle at 0.15 BAC or above can be fined:
  • a maximum of $3300 for a first offence and
  • $5500 for any further offences.
• The person’s licence will also be immediately suspended.
• A term of imprisonment can also be imposed for high range PCA:
  • 18 months for a first offence and
  • two years for a subsequent offence.
• In instances where a person refuses to undergo a breath test a driver can face:
  • a minimum disqualification period of 12 months for a first offence and
  • two years for any further offences.

4.  What to do if you have been charged with a PCA or DUI offence.

• It is important to realise that these are serious charges that can have important consequences once you have been processed by a court.
• Being represented by a lawyer can result in a marked improvement in the outcome of your case.
• If it is your first drink-driving charge it is important to get references that give evidence about your good character. References should include things like your community involvement and your need for a licence. They should be addressed to the magistrate at the local court in which you will be appearing. It is important that the people providing the references are aware that you are facing a drink-driving charge.
• It is important to be realistic about the possible outcome of your matter and to expect that you will be disqualified. Do not drive to court.

5. Appearing at court.

• Make sure you arrive at court at the appropriate time.
• Make sure you are neatly dressed and that you have copies of your references to supply the police prosecutor and the magistrate.
• You have to advise the court whether you are pleading ‘guilty’ or ‘not guilty’ to the charge.
• If you are pleading ‘guilty’:
  • read the police statement of facts and ensure you agree with the statement of facts;
  • ask to see your criminal and traffic record and ensure you agree with your criminal and traffic record;
  • if you wish to question the statement of facts or the criminal and traffic record speak to the police prosecutor and clarify any issues or questions you have and
  • make sure you tell the magistrate about:
    • your current personal circumstances,
    • your current economic or financial circumstances and
    • whether you need a licence for your employment.
• If you wish to plead ‘not guilty’:
  • you will need to show:
    • there was a problem with the efficiency of testing equipment,
    • there is an issue about where the breath analysis took place or
    • that you were not driving the vehicle.
  • DUI offences often relate to subjective evidence such as what police saw and in those cases a plea of ‘not guilty’ may be entered if you disagree with the police officers’ observations;
  • if you are pleading ‘not guilty’ your matter will be adjourned so that a police brief (the documents outlining the police case) can be prepared;
  • at the next court date a date will be set for a hearing and
  • at the hearing the police will present their evidence and you will present your evidence. You do not have to give evidence if you do not wish to.
• In either case at the completion of the hearing the magistrate will make a determination.

6. Receiving the judgment

• After the magistrate has made a decision you can seek to have the decision appealed in the District Court.
• You should get further legal advice as to the merits of such an appeal.
• Each state has different requirements concerning appeals and it is important that an appeal is lodged in time.
• In some states the appeal judge can give a harsher sentence than the one given by the magistrate.
• It is critically important that you do not drive while suspended or disqualified even if you are appealing the decision.