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Driving while impaired by  alcohol is a serious offence in Australia. 

Drink driving is heavily policed and the laws are strictly enforced because the consequences can cause such devastation and be so life-altering. 

Despite an increase in awareness, advertising, Random Breath testing, and enforcement of heavy fines and loss of license, alcohol remains the number one contributing factor in about 30% of fatal crashes in Australia. Over 1 in 4 drivers killed on Australian roads have a blood alcohol concentration exceeding the legal limit, according to the National Road Safety Partnership Program.

Accidents happen, and no matter what the circumstances are, every person is entitled to the best legal representation they can obtain. But before you reach out to lawyers, you may want to know what a Special Range PCA (Prescribed Concentration of Alcohol) offence is and what it entails, the varying degrees of the charge, what penalties they can incur, and what your options are if you have been charged with the offence.

What is Special Range Drink Driving?

Special range drink driving, also known as the offence of special range PCA, occurs when a person who is subject to a blood alcohol limit of zero drives with an alcohol concentration between 0.02 and 0.049 grams per 100 mL of blood (or the equivalent breath/urine test result). This is classified under section 110(b) of the Road Transport (Driver Licensing and Vehicle Registration) Act 1999.

Special Range PCA Charges and Notices

The offence of Special Range drink driving is committed by a “special category driver” who drives a motor vehicle on a public road with a blood alcohol concentration above 0.02 and below 0.05. Special category drivers include:

  • Learner drivers – i.e. “L” plate drivers
  • Provisional drivers – i.e. “P” plate drivers
  • Drivers whose licence is either suspended, cancelled or disqualified
  • Drivers who have been refused a driving licence
  • Drivers who have never held a driving licence in NSW although having had a licence or permit to drive outside NSW

Special range drink driving is an offence under section 110(2) of the Road Transport Act 2013 (NSW). If you commit a special category offence and police can prove that your blood alcohol concentration was between 0.02 – 0.049 grams per 100 mL or equivalent breath/urine test result, you can be charged under section 110(b) of the Road Transport (Driver Licensing and Vehicle Registration) Act 1999.

Penalties

This offence carries a maximum penalty of a three-month imprisonment term or a fine not exceeding $1100 for first time offenders. Repeat offenders may face up to six months in prison or a fine that exceeds $2200. If a person is convicted of a special range PCA offence, they will be disqualified from holding or obtaining a license for one year.

The maximum penalty for a Special Range PCA offence, if it is your first major traffic offence within 5 years, is a fine of $1,100.00 and a disqualification period of 6 months. The minimum disqualification period is 3 months unless the matter is dealt with pursuant to Section 10 of the Crimes (Sentencing Procedure) Act in which case you will not be disqualified from driving.

What is the penalty for Special Range PCA if it is my first major traffic offence?

If it is your first offence for Special Range drink driving, depending on circumstances, you may have good prospects of receiving leniency and getting off with a Section 10. A section 1o means that the magistrate will not proceed with a conviction, you will not receive a criminal record and you will not be disqualified from driving if this is achieved.

The concern for most drivers charged with a Special Range PCA offence is that they will lose their licence. Our experienced traffic lawyers have the skills and knowhow to prepare your case in a way that gives you the best chance of keeping your licence. To learn more about situations where we have successfully represented others, check out our section 10 case studies.

What is the penalty for Special Range PCA if it is my second or subsequent major offence within 5 years?

Just like with other forms of drink driving, any amount will be regarded as a high-range PCA charge if you have prior drink driving convictions on your criminal record, or were involved in an accident that caused injury to another person. If this is the case, you will be charged with high-range PCA offences under section 110(a) of the 1999 Act.

If it is your second or subsequent major offence within 5 years, the maximum penalty for a Special Range drink driving offence is a fine of $2,200.00 and a maximum disqualification period of 3 months. The minimum disqualification period is 1 month unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act in which case you will not be disqualified from driving. A second or subsequent offence of this nature will also incur a mandatory minimum period of 12 months using the interlock device.

Major traffic offences include:

If you’re not sure what constitutes a major traffic offence, refer to the list below:

  • A conviction of murder or manslaughter arising out of the use of motor vehicle;
  • A conviction for wounding, causing actual bodily harm or inflicting grievous bodily harm arising out of the use of a motor vehicle;
  • Predatory driving, Involvement in a police pursuit, and failing to stop after an impact causing grievous bodily harm;
  • Driving recklessly, furiously or in a manner or speed dangerous to the public;
  • Negligent Driving causing death or grievous bodily harm;
  • Menacing Driving;
  • Drink Driving, refuse breath analysis or wilfully alter concentration;
  • Prevent medical practitioner or nurse from taking blood;
  • Drive under influence of alcohol or drug;
  • Refuse sample of blood or urine or wilfully introduce or alter amount of drug in blood or urine;
  • Failing to stop and assist following impact causing death or injury;
  • Failing or refusing to provide oral fluid sample;
  • Refusing or failing to submit to the taking of the sample of blood in accordance with the directions of a medical practitioner, registered nurse or prescribed sample taker;
  • Refuse or fail to supply a sample of urine or blood (fatal accident).

Drink Driving Disqualification and Interlock Penalties

Depending on your situation, you may have your license disqualified or may be required to drive with an interlock, an electronic breath testing device linked to the ignition system of cars. An interlock requires an acceptable breath sample before the vehicle can be started and driven. 

See the table below to see the disqualification and interlock periods based on offences.

Mandatory Interlock Offence Min Disqualification Period Max Disqualification Period Min Interlock Period
Novice Range, Special Range, Low Range drink driving that is a second or subsequent offence 1 Month 3 Months 12 Months
Middle Range drink driving that is a second or subsequent offence 6 Months 9 Months 24 Months
High Range drink driving that is a first offence 6 Months 9 Months 24 Months
High Range drink driving that is a second or subsequent offence 9 Months 12 Months 48 Months
Driving under the influence of Alcohol or a drug (DUI) that is a second or subsequent offence 6 Months 9 Months 24 Months
Refuse or fail to comply with directions for a breath analysis or blood test 6 Months 9 Months 24 Months
Refuse or fail to comply with directions for a breath analysis or blood test that is a second or subsequent offence 9 Months 12 Months 48 Months

To learn more about the alcohol interlock program, visit the Transport NSW website.

Frequently Asked Questions About Special Range PCA

Will I get a criminal record if I receive an infringement notice for a special range PCA charge?

No, you won’t have to face criminal proceedings unless the matter goes before court. In order to avoid having to attend court on your own accord and potentially paying legal costs, it is strongly advised that you seek legal advice from a specialist drink driving lawyer.Do I need to attend court if I receive an infringement notice?

Will I get a criminal record if I receive a court attendance notice for a special range PCA charge?

Special Range PCA is a criminal offence and if you are convicted, it is possible that it will go on your criminal record which can have an effect on employment and travel for up to ten years. However, depending on circumstances, the magistrate can employ leniency. If this is your first offence, licence disqualification could be detrimental to you or your family, the charge is is low range, or your case is flimsy, it is possible that you can be approved for a special order, known as a Section 10, which means that no conviction will be recorded against you. This will come down to a number of factors which include your criminal history and traffic record, the seriousness of the offence and possibly your circumstances.

Which categories of drivers are subject to a zero blood alcohol limit?

  • Learner drivers – i.e. “L” plate drivers
  • Provisional drivers – i.e. “P” plate drivers
  • Drivers whose licence is either suspended, cancelled or disqualified
  • Drivers who have been refused a driving licence
  • Drivers who have never held a driving licence in NSW although having had a licence or permit to drive outside NSW

What is the difference between mid, high and special range PCA?

The differences between mid, high and special range PCA are based primarily on your blood alcohol concentration (BAC) level at the time you were pulled over by police for a breath test: Mid-range: 0.05 to 0.07 High-range: 0.08 to .15 Special range: greater than or equal to .20

Special Range Drink Driving Case Examples

LY Lawyers has over 50 years of combined experience, with top criminal lawyers who specialise in the full spectrum of drink driving offences, including Special Range PCA cases. Our track record of success in serious criminal cases throughout Australia is proven. Take a look at our case studies below for just a few examples of the success we have achieved for our clients.

Our client was on her provisional licence and was charged with special range drink driving and was facing the possibility of a 6 months disqualification. Our client looked after her grandmother and was a single mother to a 3 year old child. Our client was sentenced at Fairfield Local Court before LCM Swaine.

Our solicitor argued that a loss of licence would significantly impact on the clients ability to work, care for her grandmother and raise her child. The court agreed with our solicitor that a section 10 would be an appropriate penalty given the circumstance of the client.

The client got to keep her licence and tend to the proper care of her grandmother.

Our client was charged with a special range PCA whilst he was working as a taxi driver in the early hours of the morning.  At the time of the offence he had one passenger in his car and had only driven around the corner before he was stopped at a random breath test.

Upon testing positive the police confiscated our client’s taxi authority card. Although the offence itself does not carry an automatic police suspension, our client was unable to work until his matter was finalised.

Our client pleaded guilty to the offence and was sentenced by Magistrate Milledge at the Downing Centre Local Court. Her Honour was satisfied that this was not a flagrant disregard for the law in that our client had consumed some wine with his dinner the night before working.

He had a good record for a professional driver and his livelihood depended upon his licence. Our solicitor handed out reference material which was meticulously prepared and policy documents which required taxi drivers to be fit and proper drivers to hold a taxi authority card.

Her Honour was satisfied that this offence was extremely uncharacteristic and highly unlikely to ever be repeated by our client. She disposed of the case by way of a section 10(1)(a). This was the best possible result for our client and of great assistance in ensuring his taxi authority card will be returned

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Achieving results one case at a time

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Sarah Davies

Ly Lawyers
5.0
2017-02-01T00:09:03+00:00

Sarah Davies

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Achieving results one case at a time

What a result from a great team!

Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

John L.

Ly Lawyers
5.0
2017-02-01T01:38:38+00:00

John L.

What a result from a great team! Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

Achieving results one case at a time

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Todd Hurring

Ly Lawyers
5.0
2017-06-25T22:46:32+00:00

Todd Hurring

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Achieving results one case at a time

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Breno T.

Ly Lawyers
5.0
2017-06-25T22:53:27+00:00

Breno T.

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Achieving results one case at a time

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Kim Smith

Ly Lawyers
5.0
2017-06-25T22:53:58+00:00

Kim Smith

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Achieving results one case at a time

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

William Song

Ly Lawyers
5.0
2017-06-25T22:54:34+00:00

William Song

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

Achieving results one case at a time

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Habib Rahman

Ly Lawyers
5.0
2017-06-25T22:55:09+00:00

Habib Rahman

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Achieving results one case at a time

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Josh Tyler

Ly Lawyers
5.0
2017-06-25T22:56:43+00:00

Josh Tyler

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Achieving results one case at a time

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Craig H

Ly Lawyers
5.0
2017-06-25T22:57:53+00:00

Craig H

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!
5.0
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