- drive a motor vehicle;
- occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion; or
- occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle,
with a prescribed concentration of alcohol (PCA) present in breath or blood.
The statutory penalties for PCA offences are as follows:
For a low range offence (reading between 0.05 and 0.08) a maximum fine of $1,100 and a minimum disqualification period of 3 months.
For a mid-range offence (reading between 0.08 and 0.15) a maximum fine of $2,200 imprisonment for a maximum of nine months and a minimum disqualification period of 6 months.
For a high range offence (reading of 0.15 or above) a maximum fine of $3,300 imprisonment for a maximum of 18 months, a minimum disqualification period of 12 months and minimum interlock period of 24 months.
The penalty imposed by the Court will vary depending on a range of factors, including but not limited to, criminal history/traffic record, the considerations outlined in s21A of the Crimes Sentencing Procedure Act 1999, and the appropriateness of other sentencing options.
If you require advice or representation regarding a PCA offence the experienced solicitors at Everingham Solomons can assist you because Helping You is Our Business.
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