Mid Range Drink Driving in NSW: Penalties, Court and What to Expect

Being charged with Mid Range Drink Driving, also known as Mid Range Prescribed Concentration of Alcohol (PCA), is a serious traffic offence in New South Wales.

If you have been charged with Mid Range PCA, you may be worried about losing your licence, receiving a criminal conviction or how the charge could affect your employment and future.

Understanding the legal process and obtaining legal advice early can help you make informed decisions about your matter before attending court.

If you require legal assistance, an experienced ⁠Drink Driving Lawyer Sydney can explain your options and represent you throughout your case.

What Is Mid Range Drink Driving?

A person is generally charged with Mid Range PCA where they are alleged to have driven with a blood alcohol concentration (BAC) of 0.080 to 0.149.

Although it is less serious than High Range PCA, Mid Range Drink Driving remains a criminal offence that can result in significant penalties.

Police must prove each element of the offence beyond reasonable doubt before a conviction can be recorded.

What Happens After You Are Charged?

After a positive roadside breath test, police will generally require you to undergo a breath analysis.

If police allege that your BAC falls within the Mid Range category, you will usually receive a Court Attendance Notice requiring you to appear before the Local Court.

Depending on the circumstances, police may also immediately suspend your driver’s licence.

To understand the process from the time you are charged until your court date, read ⁠What Happens After a Drink Driving Charge in NSW?.

What Penalties Can Apply?

The penalties for Mid Range Drink Driving depend on the legislation and the facts of your case.

Depending on the circumstances, the court may impose:

• a fine;

• licence disqualification;

• participation in the Alcohol Interlock Program where applicable;

• a community-based sentence;

• imprisonment in more serious cases.

Every matter is assessed individually, and the court will consider all relevant circumstances before determining the appropriate sentence.

Will I Lose My Licence?

Many people charged with Mid Range PCA are concerned about whether they will be able to continue driving.

Depending on the offence and the orders made by the court, your licence may be suspended or disqualified.

To learn more, read ⁠Will I Lose My Licence for Drink Driving in NSW?.

Will I Receive a Criminal Record?

Whether a conviction is recorded depends on the offence, the applicable legislation and the sentencing orders made by the court.

If you are concerned about the long-term consequences of a conviction, our guide ⁠Can I Avoid a Criminal Record for Drink Driving in NSW? explains the issues in greater detail.

What Happens at Court?

If your matter proceeds to the Local Court, the magistrate will consider:

• your BAC reading;

• the circumstances of the offence;

• your traffic history;

• any criminal history;

• your personal circumstances;

• your level of remorse;

• evidence of rehabilitation;

• any submissions made on your behalf.

For a detailed explanation of the court process, read ⁠What Happens at a Drink Driving Court Hearing in NSW?.

Should I Plead Guilty?

Whether you should plead guilty depends on the individual facts of your case.

Before entering a plea, it is important to understand the evidence, obtain legal advice and consider the legal options available to you.

Read ⁠Should I Plead Guilty to Drink Driving in NSW? for more information.

Is Mid Range PCA Different from High Range PCA?

Yes.

Although both offences are serious, High Range PCA involves a higher alleged blood alcohol concentration and generally attracts more severe penalties.

If police allege your BAC was 0.150 or above, read ⁠High Range Drink Driving in NSW.

Does It Matter If This Is My First Offence?

If this is your first drink driving offence, the court may take into account your lack of previous convictions or traffic offences when determining an appropriate sentence.

However, every matter depends on its own facts.

Learn more in ⁠First Offence Drink Driving in NSW.

How Can a Lawyer Help?

Being charged with Mid Range Drink Driving can have significant consequences.

Obtaining legal advice before your court date allows your matter to be properly prepared and your circumstances to be presented effectively before the court.

Depending on your case, a lawyer may assist by:

• reviewing the prosecution evidence;

• advising you about the allegations;

• preparing sentencing submissions;

• obtaining supporting material;

• representing you throughout the court proceedings.

An experienced ⁠Drink Driving Lawyer Sydney can guide you through every stage of the process.

Conclusion

A Mid Range Drink Driving charge is a serious matter that should not be ignored. Understanding the legal process and obtaining legal advice early can help you prepare for court and make informed decisions about your case.

If you have been charged with Mid Range PCA in NSW, Michael Confos provides legal representation for clients throughout Sydney. Visit our ⁠Drink Driving Lawyer Sydney page to learn more about how we may assist.

Disclaimer

The information contained in this article is provided for general informational purposes only and does not constitute legal advice. It should not be relied upon as legal advice or as a substitute for obtaining legal advice tailored to your individual circumstances. Every criminal matter depends on its own facts and the applicable law. Reading this article does not create a solicitor-client relationship. Michael Confos is not your lawyer. You should obtain independent legal advice from a qualified Australian legal practitioner regarding your specific circumstances.