High range drink driving

What high-range PCA means in NSW

High-range PCA is the NSW drink-driving category associated with a blood alcohol concentration (BAC) above 0.15. The relevant offence is identified in the verified research as s 110 of the Road Transport Act 2013. The Act’s concentration framework and offence wording should be checked in its current form because legislation and official guidance can change.

The category is concerned with the relationship between the alleged driving conduct and the prescribed alcohol concentration. The research states that the factual focus may include whether a person drove a motor vehicle, or occupied the driver’s seat and attempted to put the vehicle in motion, on a road or road-related area while the high-range concentration was present. The Act defines “drive” broadly. A BAC reading by itself should not be treated as determining the final legal result, because the applicable issues and orders depend on the individual matter.

High-range PCA is treated by NSW Government information as a serious drink-driving offence. Official information records separate settings for first and subsequent offences, including different maximum penalties, disqualification provisions and alcohol-interlock consequences. Those settings may depend on the statutory history and the orders made, so fixed figures or predictions are not reproduced in this guide. General penalty information is available on the NSW DUI penalties page.

What the allegation generally involves

A high-range PCA allegation generally involves an assertion that a person was driving, or occupying the driver’s seat and attempting to put a vehicle in motion, while the prescribed high-range alcohol concentration was present. The charge may arise after police alcohol testing, including a drink-driving detection. The precise allegation is set out in the charge or court document, and terminology used by police, Transport for NSW and the court should be read in that context.

This category is different from middle-range PCA because the verified BAC threshold is higher. It should also be distinguished from other drink-driving categories and from driving under the influence, which is a separate legal concept. The NSW drink-driving overview provides broader category information without replacing the charge-specific material.

Licence issues and court attendance

Transport for NSW states that police may suspend a licence immediately after a drink-driving detection. The Judicial Commission of NSW Bench Book also discusses police suspension, automatic disqualification, court consideration of time already suspended and the mandatory alcohol interlock program in the context of road-transport offences. Whether a particular suspension, disqualification or credit issue applies depends on the charge, statutory history, licence circumstances and court orders.

High-range PCA is dealt with in court rather than by the ordinary low-range penalty-notice pathway. Proceedings under road-transport legislation are generally summary proceedings in the Local Court or, where applicable, the Supreme Court’s summary jurisdiction. A court attendance document should be read carefully for the court location, date, time, charge and any instructions. Court locations and contact information can be checked through Find a Court.

The Alcohol Interlock Program can be relevant to high-range PCA. An interlock is a vehicle device that requires an alcohol-related breath check before the vehicle can be started. The applicable statutory and administrative settings depend on the offence history and orders made. See the general NSW alcohol interlock information before treating any general description as applying to a particular matter.