In New South Wales it is a serious offence to drive a motor vehicle while you are affected by alcohol. There are two categories of offence: Prescribed Concentration of Alcohol (PCA) and Driving under the Influence (DUI) which also covers drugs. The essential difference between the two is that with a PCA offence a reading is obtained from a person’s breath while the DUI offence refers to situations where it is not possible to record a reading but police conclude that alcohol or drugs have impaired a person’s driving.

PCA offences range from a reading of .05 which is the minimum low range prescribed concentration of alcohol throughout Australia to readings in excess of .150. Drivers on a learner’s or provisional licence must have zero alcohol when breath tested. If they register a reading and that reading is below the .05 (low range) they will be charged with novice range.

With DUI charges there is no actual reading to rely on. Police present evidence drawn from a person’s manner of driving as well as any physical signs of intoxication. These signs can include bloodshot eyes, slurred speech and unsteady gait which have led police to form the conclusion that the person is affected by alcohol or drugs. The slightest sign of alcohol or drug impairment is a sufficient basis for this charge.

The penalties for these offences range from a fine for special and low-range PCA to imprisonment for the more serious forms of PCA and DUI.

Some penalties may be immediate such as the suspension of your licence if you are caught driving with mid-range or high-range PCA.

All PCA and DUI offences are dealt with in the Local Court before a magistrate. All offences provide for minimum periods of disqualification. The length of suspension is dependent upon the severity of the charge and whether there have been prior similar offences in the past five years.Our Legal Guide on PCA and DUI provides information on the law relating to driving under the influence of alcohol and drugs. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you who specialises in PCA and DUI law.

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