Drink driving’ covers a range of offences. It can be confusing because there are many different acronyms and charges when it comes to drink driving. These include: 

– Prescribed Concentration of Alcohol (PCA) 

– Driving Under the Influence (DUI) 

– Breath/Blood Alcohol Concentration (BAC) 

To add to the confusion, there are different levels of PCA, different penalties, and different ranges depending on your licence category. 

BAC readings for PCA offences for full licence holders are broken down as follows: 1. Category 1 – 0.05 to 0.079 

2. Category 2 – 0.08 to 0.149 
3. Category 3 – 0.15 and above 

These BAC categories are calculated based on a breath or blood test (but not the roadside test!). 

Usually, a PCA offence will happen like this: 

1. Pulled over by police whilst driving (this might be at a Random Breath Test (RBT) set up, or simply a police officer pulling you over). 
2. Subjected to a roadside breath test (this is the yellow handheld device that you blow while sitting in the driver’s seat). 
3. If you return a reading of 0.05 or over, arrested for the purposes of a breath analysis 4. Taken back to the police station for a breath analysis (you must give two samples; this is done on video and on a large machine). 
4. If the lower of the two readings is 0.08 or above, you’ll probably receive an Instant Loss of Licence and later, a summons to attend Court. You’ll also be given your rights regarding a blood test. Your car might even be impounded. 
5. Receive the summons (usually via email). 
6. Appear in Court. 

If you exercise your right to get a blood test, you may need to get yourself to the hospital or a doctor. You’ll need to do this quickly as the test may not be of use if it’s taken after a while. If you choose to do this, the police will give you a blood test kit, your blood will be taken, and you will receive some paperwork. 

Penalties for drink driving can be severe! They can include lengthy licence disqualifications, large fines, and being convicted (getting a criminal record). For example, the mandatory minimum penalties for a category 2 PCA offence are 6 months licence disqualification and $900 fine. You’ll also be faced with the Victims of Crime levy, Prosecution Costs, and possibly Court fees.

DUI is considered more serious than PCA offences, the penalty can even include imprisonment for up to 6 months. 

When your licence is your livelihood, a drink driving offence can be devastating. Getting legal advice early on can be critical. In some circumstances, you may be able to get your licence back whilst the matter is going through court. 

Craig Caldicott Lawyers can help with your drink driving matter. You can even call our emergency criminal law advice line if you need legal advice whilst dealing with the police.