Drink driving (PCA) offences in NSW: ranges and penalties

Drink driving offences in NSW are defined by your blood alcohol concentration. The higher the reading, the heavier the penalty. This guide explains the ranges and the penalties for a first offence.

What PCA means

PCA stands for prescribed concentration of alcohol. A PCA offence is driving with a blood alcohol concentration above the limit that applies to you. The law is the Road Transport Act 2013 (NSW). The limit depends on your licence and the vehicle.

The PCA ranges

There are several ranges, and the penalties increase with each one.

• Novice and special range. This covers learner and provisional drivers, and drivers of certain vehicles, who must have a zero or very low reading.
• Low range. A blood alcohol concentration of 0.05 to 0.079.
• Mid range. A reading of 0.08 to 0.149.
• High range. A reading of 0.15 and above.

Penalties for a first offence

The figures below are for a first offence and reflect the current NSW Government penalties. The court has discretion, and the actual outcome depends on the circumstances.

	Novice, special and low range	Mid range	High range
Maximum fine	$2,200	$2,200	$3,300
Maximum prison	None	9 months	18 months
Minimum disqualification	3 months	6 months	12 months
Automatic disqualification	6 months	12 months	3 years
Immediate licence suspension	Yes	Yes	Yes
Alcohol interlock order	No	Yes	Yes

The automatic disqualification is the period that applies unless the court orders a shorter one, down to the minimum shown.

On-the-spot penalties for low range

For a first low range, novice or special range offence, police can issue an on-the-spot penalty notice rather than sending you to court. This carries a fine of $722 and a 3-month licence suspension. You can choose to have the matter heard in court instead.

The alcohol interlock program

For mid range and high range offences, the court must usually order the alcohol interlock program. An interlock is a device fitted to your car that stops it starting if it detects alcohol. Taking part in the program can reduce the disqualification period. The details are specific, so get advice about how it applies to you.

Immediate licence suspension

Police can suspend your licence immediately for these offences, before you go to court. This means you can lose your licence on the spot, which has real consequences for work and family. If this happens to you, speak to a lawyer quickly, because there are limited grounds and time limits to challenge it.

Getting advice

A drink driving charge can affect your licence, your job, and your record. The outcome often turns on how the matter is presented and whether a non-conviction order is available in your circumstances. If you are facing a charge, contact us for clear advice on your options.

Frequently asked questions

What is the difference between the ranges? The ranges are set by your blood alcohol reading. Low is 0.05 to 0.079, mid is 0.08 to 0.149, and high is 0.15 and above.

Will I lose my licence for a first offence? In most cases yes, there is a disqualification, though the period depends on the range and the court. Immediate suspension can also apply.

Can I avoid court for a low range offence? A first low range offence can be dealt with by an on-the-spot penalty notice, though you can choose to go to court.

What is an interlock? A device fitted to your car that prevents it starting if it detects alcohol. It is usually required for mid and high range offences.

Keep reading

• Traffic and licensing
• Appealing a licence suspension in NSW
• Going to Local Court for the first time: what to expect

This article contains general information only and is not legal advice. For advice about your situation, please contact us. Liability limited by a scheme approved under Professional Standards Legislation.