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;
- 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.
The maximum penalty for a Special Range drink driving 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 drink driving if it is my first major traffic offence?
If it is your first offence for Special Range drink driving, you will have good prospects of achieving a Section 10, with the magistrate not proceeding with a conviction. You will not be disqualified from driving if this is achieved.
For more information on Section 10, and to see case studies where we have successfully represented others, go to:
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.
Penalty where the offence is a second or subsequent major offence within 5 years
The maximum penalty for a Special Range PCA offence, if it is your second or subsequent major offence within 5 years, 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:
- 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 sample of urine or blood (fatal accident).