Drink Driving Lawyer – Mid Range PCA in NSW – 0.08 to < 0.150

The offence of Middle Range PCA is committed when one drives a motor vehicle (or attempts to put a motor vehicle into motion) with the middle range concentration of alcohol.

The middle range prescribed concentration of alcohol is a blood alcohol reading of between 0.08 and less than 0.150 grams of alcohol per 100mls of blood.

Section 110(4) of the Road Transport Act 2013 states:

(4) Offence-middle range prescribed concentration of alcohol

A person must not, while there is present in his or her blood the middle range prescribed concentration of alcohol:

  • (a) drive a motor vehicle, or
  • (b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
  • (c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)-occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.

It can be seen that unlike Low Range PCA which has a range of just less than 30 points, middle range PCA is a broader range, covering a range from 80 points to less than 150 points – just less than 70 points.

The penalty for an offence of this nature therefore will be somewhat proportional to which end of the range you may find yourself.

First time offenders who find themselves at the lower end of this range, will be more likely to receive a lesser penalty than those at the upper end of the range.

It should also be noted that a person with a reading of 0.10 and above, is looked upon by the courts as being sufficiently affected that the risk of collision is substantially increased. This does not mean that a person is not affected below that reading, but rather, experts will assert that a driver, whose blood alcohol concentration is 0.10 gms of alcohol per 100mls of blood, is sufficiently under the influence of alcohol, that his driving will be impaired.

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