Criminal Law - Drink Driving Summary

 In NSW there are five (5) distinct offences for drink driving:

1. Novice Range
2. Special Range
3. Low Range
4. Mid Range
5. High Range

DUI

Before authorities introduced scientific instruments allowing Police to accurately measure a the Blood Alcohol Concentration (BAC)  the general charge available to Police was DUI or Driving Under the Influence of intoxicating liquor.

In New South Wales a lot has changed. Police can now randomly pull over a driver and have them submit to a breath test whilst the charges have evolved to driving with a Proscribed Concentration of Alcohol or PCA

DUI can still be used to charge someone who has been driving after drinking alcohol but now also means driving under the influence of drugs. DUI is dealt with in another article.

1. Novice Range PCA (ZERO)

Learner and provisional drivers are obliged to have a nil or zero blood alcohol level when operating a motor vehicle as they are considered to lack the required experience in operating a motor vehicle that other drivers might have.

Section 9 (1A) of the Road Transport (Safety and Traffic Management) ACT 1999 states:

If a person is the holder of a learner licence or a provisional licence in respect of a motor vehicle, the person must not, while there is present in his or her breath or blood the novice range prescribed concentration of alcohol:

• drive the motor vehicle, or
• occupy the driving seat of the motor vehicle and attempt to put the motor vehicle in motion.

Penalty Range for Novice Range PCA

1st Offence

• Max Goal: NIL
• Max Fine: $1,100.00
• Automatic Disqualification: 6 months
• Minimum Disqualification: 3 months

2nd Offence

• Max Goal: NIL
• Max Fine: $2,200.00
• Automatic Disqualification: 12 months
• Minimum Disqualification: 6 months

Section 8(3) of the Road Transport (Safety and Traffic Management) ACT 1999 states

A person is a "special category driver" in respect of a motor vehicle:

• if the person is the holder of a learner licence or a provisional licence for motor vehicles of a class that includes that motor vehicle, or
• if the person is not authorised to drive that motor vehicle in New South Wales because the person, in New South Wales or elsewhere, has had his or her application for a relevant driver licence or authority refused, has been disqualified from driving, has had a relevant driver licence or authority suspended or cancelled or has never obtained a relevant driver licence or authority .....

A person is a "special category supervisor" in respect of a motor vehicle if, were the person driving the motor vehicle, the person would be a special category driver in respect of the motor vehicle. 

3. Low Range PCA (0.05 to 0.08)

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

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

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 9(3) of the Road Transport (Safety and Traffic Management) Act 1999 states: 

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

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

A first time offender at the lower end of this range can expect to receive a lesser penalty than those at the upper end of the range.

Section 9 (4) of the Road Transport (Safety and Traffic Management) Act 1999 states:

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

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