Low Range DUI Lawyers

Low Range drink driving, Low Range DUI & Low Range PCA is a drink driving charge that is issued on a person when they deliver a Blood Alcohol Concentration of 0.050 or higher but below 0.080. A Low Range PCA offence is considered very serious since any Blood Alcohol reading over the High Range threshold is considered to have certain effects on the way the human body can function and in particular operate a motor vehicle. Heavy fines and penalties are reserved for High Range PCA offenders.

A person is deemed to have committed the offence of Low Range PCA if their Blood Alcohol Concentration is 0.050 or above but below 0.080.

What the law says about Low Range PCA?

The latest New South Wales legislation that deals with drink driving offences is the Road Transport Act 2013.
Under this legislation section 110 Presence of prescribed concentration of alcohol in person’s breath or blood details the laws surrounding PCA offences.
For High Range PCA offences section 110(3) says:
(3) Offence-low range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the low range prescribed concentration of alcohol:

(a) drive a motor vehicle, or

(b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or

(c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)-occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.

Penalties for Low Range Drink Driving?

If you plead Guilty to a Low Range drink driving offence or if you plead Not Guilty and lose then unless you can obtain a section 10 dismissal you will be convicted by the court and have your licence disqualified.

The Court has discretion whether or not to record a conviction against for your drink driving offence. In making its decision the Court will take into account a number of factors including your traffic history, traffic education, occupation, character, age, family and living situation plus many other objective and subjective issues. After taking into consideration these issues the court MAY decide to provide you with a one off reprieve and not issue you with a conviction. Section 10 of the Crimes (Sentencing Procedure) Act allows a court that finds a person guilty of Low Range PCA the discretion not to impose a conviction against them.

If you receive a conviction by the Court for Low Range PCA then it is mandatory for the Court to disqualify you from driving for a certain period of time. Legislation sets out a minimum period of disqualification should you be found guilty and receive a conviction.In saying this the legislation also sets out a maximum penalty or sentence that it can hand down, however this is usually reserved for repeat offenders or offences involving extreme aggravating circumstances.

In addition to the minimum and maximum penalties there is an automatic period of disqualification which a person can expect to receive unless they have very strong and convincing reasons why the court should not view the matter as a typical Low Range PCA offence. The following penalties and disqualification periods apply for for an offence of Low Range PCA:

Low Range Drink Driving – 1st major traffic offence

  • A maximum fine of $1,100.00
  • A maximum disqualification period of 6 months
  • A minimum disqualification period of 3 months
  • An automatic disqualification period of 6 months

Low Range Drink driving – 2nd or subsequent major offence within 5 years

  • A maximum fine of $2,200.00
  • An unlimited maximum disqualification period
  • A minimum disqualification period of 6 months
  • An automatic disqualification period of 12 months

Pursuant to relevant legislation the Court cannot issue a term of imprisonment or  or any other similar type of sentence regardless of your traffic history and prior offences.


Possible Defences for Low Range DUI

Low Range DUI / PCA – 2 Hour Breath Analysis Rule:

It will be up to the police to show and if need be prove in Court that you registered a Blood Alcohol Concentration (BAC) reading between 0.050 and 0.079 at the time you were operating a motor vehicle.

Police procedures involve creating a Breath Analysis Certificate which is generated by the Police breath analysis instrument. Police are obligated to provide you with a copy of this Breath Analysis Certificate.

One possible defence that may arise out of this situation relates to the time period in which Police conduct the breath analysis. Police are obligated by law to conduct the breath analysis or blood sample within 2 hours after the event or time in which a person was operating a motor vehicle.

Any evidence produced before the Court which fails to follow these policing and  procedural obligations MAY be found to be inadmissable, subsequently the charge may be dismissed or reduced to a lesser charge.

Low Range DUI / PCA – You were not the driver of the motor vehicle:

It is important that when a person is charged with Low Range PCA the Police have a procedural and legal obligation to prove that the person being charged was in fact the person operating the motor vehicle on a public or road related area. Just because Police may see a person operating a motor vehicle but not on a public (or relevant) road does not give the Police the right to assume that they had been driving in such an area.

Thus, it is up to Police to prove that the person being charged was driving the vehicle was actually occupying the driving seat of the motor vehicle and was operating or attempted to put the vehicle in motion.

Police must also prove that the person being charged was operating or attempting to operate a motor vehicle on a public road or road related area.

If Police cannot prove these elements of the charge then this MAY be cause for having the charge dismissed.

Low Range DUI / PCA – Breath test taken at your home

Police are not allowed to perform breath analysis tests on you once you have entered your usual place of residence. Such a procedure is unlawful and any breath analysis tests performs may be inadmissable before a Court of law which would make it more difficult for Police to prove their case.

Usually if a person is at their place of residence and police can prove that they were operating a motor vehicle then they will, and are allowed to, perform alternate tests including general observations such as:

  • alcohol on breath
  • glassy eyes
  • slurred speech

If Police witness you driving erratically or find alcohol in your vehicle then these observations can also be included as evidence against you.

However, for the purpose of running a defense it is possible to have evidence dismissed should the Police not act lawfully in relation to obtaining a breath or blood sample.


Low Range Drink Driving Lawyers & Low Range DUI Solicitors


High Range Drink Driving NSW

Sydney Drink Driving Lawyers | DUI Solicitors NSW

14/362-370 Pitt Street
Sydney NSW 2000
(02) 9283 8622

Email: jaboorman@beazleysingleton.com.au

Please contact Josh Boorman today to discuss your matter over the telephone or via email for an initial FREE consultation regarding Low Range Drink Driving Lawyers, Low Range DUI Solicitors, Low Range PCA and any other traffic matter.

Joshua Boorman
Sydney Drink Driving Lawyers are experts in dealing with all drug and alcohol related Traffic Laws. We attend all courts in Sydney and the surrounding suburbs. Call 1300 941 900 or Email: jboorman@boormanlawyers.com.au
Joshua Boorman
Joshua Boorman