Last weekend I was breath tested coming back from my girlfriend’s house and I was right on .05 but the police still charged me with low range PCA. I had three white wines over about two hours. I don’t normally drink and drive but we had an argument and my girlfriend asked me to leave and I felt fine to drive. I didn’t really think I’d be stopped anyway because my house is only two kilometres from hers. I’ve just started a new job which involves meeting clients at various locations and I’m worried about losing my licence. I’m 30 and have been driving for six years and this is my first offence. I’m wondering if it’s worth getting a lawyer.
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Answer by Graeme Morrison of Graeme Morrison Law, Wollongong NSW
- You can legally drive with an alcohol concentration up to .05. Once you hit that mark police are required to charge you.
- However a blood alcohol reading at the start of the low range, the fact there was no accident and you have no other convictions for similar offences are key elements in your favour.
- For first offenders like you the penalty open to the magistrate is a minimum three months disqualification and maximum fine of $1100. This is NSW penalty. The penalty may be different in other states or territories.
- Even a low range is a serious offence and if your licence is crucial to keeping your job it may be worth the money to engage a lawyer to maximise chances of a good result.