Driving while impaired by alcohol is a serious offence in Australia.
Drink driving is heavily policed and the laws are strictly enforced because the consequences can cause such devastation and be so life-altering.
Despite an increase in awareness, advertising, Random Breath testing, and enforcement of heavy fines and loss of license, alcohol remains the number one contributing factor in about 30% of fatal crashes in Australia. Over 1 in 4 drivers killed on Australian roads have a blood alcohol concentration exceeding the legal limit, according to the National Road Safety Partnership Program.
Accidents happen, and no matter what the circumstances are, every person is entitled to the best legal representation they can obtain. But before you reach out to a Sydney criminal lawyer, you may want to know what a Special Range PCA (Prescribed Concentration of Alcohol) offence is and what it entails, the varying degrees of the charge, what penalties they can incur, and what your options are if you have been charged with the offence.
What is Special Range Drink Driving?
Special range drink driving, also known as the offence of special range PCA, occurs when a person who is subject to a blood alcohol limit of zero drives with an alcohol concentration between 0.02 and 0.049 grams per 100 mL of blood (or the equivalent breath/urine test result). This is classified under section 110(b) of the Road Transport (Driver Licensing and Vehicle Registration) Act 1999.
Special Range PCA Charges and Notices
The offence of Special Range drink driving is committed by a “special category driver” who drives a motor vehicle on a public road with a blood alcohol concentration above 0.02 and below 0.05. Special category drivers include:
- Learner drivers – i.e. “L” plate drivers
- Provisional drivers – i.e. “P” plate drivers
- Drivers whose licence is either suspended, cancelled or disqualified
- Drivers who have been refused a driving licence
- Drivers who have never held a driving licence in NSW although having had a licence or permit to drive outside NSW
Special range drink driving is an offence under section 110(2) of the Road Transport Act 2013 (NSW). If you commit a special category offence and police can prove that your blood alcohol concentration was between 0.02 – 0.049 grams per 100 mL or equivalent breath/urine test result, you can be charged under section 110(b) of the Road Transport (Driver Licensing and Vehicle Registration) Act 1999.
Penalties
This offence carries a maximum penalty of a three-month imprisonment term or a fine not exceeding $1100 for first time offenders. Repeat offenders may face up to six months in prison or a fine that exceeds $2200. If a person is convicted of a special range PCA offence, they will be disqualified from holding or obtaining a license for one year.
The maximum penalty for a Special Range PCA offence, if it is your first major traffic offence within 5 years, is a fine of $1,100.00 and a disqualification period of 6 months. The minimum disqualification period is 3 months unless the matter is dealt with pursuant to Section 10 of the Crimes (Sentencing Procedure) Act in which case you will not be disqualified from driving.
What is the penalty for Special Range PCA if it is my first major traffic offence?
If it is your first offence for Special Range drink driving, depending on circumstances, you may have good prospects of receiving leniency and getting off with a Section 10. A section 1o means that the magistrate will not proceed with a conviction, you will not receive a criminal record and you will not be disqualified from driving if this is achieved.
The concern for most drivers charged with a Special Range PCA offence is that they will lose their licence. Our experienced traffic lawyers have the skills and knowhow to prepare your case in a way that gives you the best chance of keeping your licence. To learn more about situations where we have successfully represented others, check out our section 10 case studies.
What is the penalty for Special Range PCA if it is my second or subsequent major offence within 5 years?
Just like with other forms of drink driving, any amount will be regarded as a high-range PCA charge if you have prior drink driving convictions on your criminal record, or were involved in an accident that caused injury to another person. If this is the case, you will be charged with high-range PCA offences under section 110(a) of the 1999 Act.
If it is your second or subsequent major offence within 5 years, the maximum penalty for a Special Range drink driving offence is a fine of $2,200.00 and a maximum disqualification period of 3 months. The minimum disqualification period is 1 month unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act in which case you will not be disqualified from driving. A second or subsequent offence of this nature will also incur a mandatory minimum period of 12 months using the interlock device.
Major traffic offences include:
If you’re not sure what constitutes a major traffic offence, refer to the list below:
- A conviction of murder or manslaughter arising out of the use of motor vehicle;
- A conviction for wounding, causing actual bodily harm or inflicting grievous bodily harm arising out of the use of a motor vehicle;
- Predatory driving, Involvement in a police pursuit, and failing to stop after an impact causing grievous bodily harm;
- Driving recklessly, furiously or in a manner or speed dangerous to the public;
- Negligent Driving causing death or grievous bodily harm;
- Menacing Driving;
- Drink Driving, refuse breath analysis or wilfully alter concentration;
- Prevent medical practitioner or nurse from taking blood;
- Drive under influence of alcohol or drug;
- Refuse sample of blood or urine or wilfully introduce or alter amount of drug in blood or urine;
- Failing to stop and assist following impact causing death or injury;
- Failing or refusing to provide oral fluid sample;
- Refusing or failing to submit to the taking of the sample of blood in accordance with the directions of a medical practitioner, registered nurse or prescribed sample taker;
- Refuse or fail to supply a sample of urine or blood (fatal accident).
Drink Driving Disqualification and Interlock Penalties
Depending on your situation, you may have your license disqualified or may be required to drive with an interlock, an electronic breath testing device linked to the ignition system of cars. An interlock requires an acceptable breath sample before the vehicle can be started and driven.
See the table below to see the disqualification and interlock periods based on offences.
| Mandatory Interlock Offence | Min Disqualification Period | Max Disqualification Period | Min Interlock Period |
| Novice Range, Special Range, Low Range drink driving that is a second or subsequent offence | 1 Month | 3 Months | 12 Months |
| Middle Range drink driving that is a second or subsequent offence | 6 Months | 9 Months | 24 Months |
| High Range drink driving that is a first offence | 6 Months | 9 Months | 24 Months |
| High Range drink driving that is a second or subsequent offence | 9 Months | 12 Months | 48 Months |
| Driving under the influence of Alcohol or a drug (DUI) that is a second or subsequent offence | 6 Months | 9 Months | 24 Months |
| Refuse or fail to comply with directions for a breath analysis or blood test | 6 Months | 9 Months | 24 Months |
| Refuse or fail to comply with directions for a breath analysis or blood test that is a second or subsequent offence | 9 Months | 12 Months | 48 Months |
To learn more about the alcohol interlock program, visit the Transport NSW website.
Frequently Asked Questions About Special Range PCA
Will I get a criminal record if I receive an infringement notice for a special range PCA charge?
No, you won’t have to face criminal proceedings unless the matter goes before court. In order to avoid having to attend court on your own accord and potentially paying legal costs, it is strongly advised that you seek legal advice from a specialist drink driving lawyer.Do I need to attend court if I receive an infringement notice?
Will I get a criminal record if I receive a court attendance notice for a special range PCA charge?
Special Range PCA is a criminal offence and if you are convicted, it is possible that it will go on your criminal record which can have an effect on employment and travel for up to ten years. However, depending on circumstances, the magistrate can employ leniency. If this is your first offence, licence disqualification could be detrimental to you or your family, the charge is is low range, or your case is flimsy, it is possible that you can be approved for a special order, known as a Section 10, which means that no conviction will be recorded against you. This will come down to a number of factors which include your criminal history and traffic record, the seriousness of the offence and possibly your circumstances.
Which categories of drivers are subject to a zero blood alcohol limit?
- Learner drivers – i.e. “L” plate drivers
- Provisional drivers – i.e. “P” plate drivers
- Drivers whose licence is either suspended, cancelled or disqualified
- Drivers who have been refused a driving licence
- Drivers who have never held a driving licence in NSW although having had a licence or permit to drive outside NSW
What is the difference between mid, high and special range PCA?
The differences between mid, high and special range PCA are based primarily on your blood alcohol concentration (BAC) level at the time you were pulled over by police for a breath test: Mid-range: 0.05 to 0.07 High-range: 0.08 to .15 Special range: greater than or equal to .20
Special Range Drink Driving Case Examples
LY Lawyers has over 50 years of combined experience, with top criminal lawyers who specialise in the full spectrum of drink driving offences, including Special Range PCA cases. Our track record of success in serious criminal cases throughout Australia is proven. Take a look at our case studies below for just a few examples of the success we have achieved for our clients.
