Low range drink driving

What is low-range PCA in NSW?

Low-range PCA is the statutory name for a particular drink-driving category in NSW. Section 110(3) identifies the low-range category and addresses driving a motor vehicle, occupying the driver’s seat and attempting to put the vehicle in motion, together with a circumstance involving sitting beside a learner driver where the statutory conditions apply. The offence is therefore concerned with the legally defined conduct and the alleged alcohol concentration, not simply with how many drinks a person believes they consumed.

The relevant range is at least 0.05 and below 0.08 grams of alcohol in 210 litres of breath, or the corresponding blood concentration. A reading, however, should not be treated as a complete statement of the legal position without considering the charge, testing material, statutory definitions, timing and other evidence. This page does not assess the reliability or significance of any individual reading.

Low-range PCA is distinct from other NSW categories. Novice-range and special-range PCA concern different driver categories and alcohol limits. Mid-range and high-range PCA concern higher prescribed concentrations. Driving under the influence is a separate offence concept and should not be assumed to be interchangeable with PCA. The broader framework can be reviewed through NSW DUI offences, while the separate category pages include novice-range PCA, special-range PCA, mid-range PCA and high-range PCA.

What the allegation generally involves

A low-range PCA allegation generally puts the person’s driving or attempted movement of a vehicle, the relevant place or circumstance and the alleged presence of alcohol concentration in issue. NSW police may conduct random breath testing and may test drivers at any time or after a crash. Refusing a random breath test is itself prohibited. The documents supplied by police or a court will identify the particular allegation and the process being used.

General descriptions of BAC should not be used to infer a person’s legal category from a personal estimate of alcohol consumed. The statutory category is determined by the applicable legislation and evidence, rather than by a rule of thumb about drinks, body size, time elapsed or driving distance.

Process and attending to the matter

NSW drink-driving matters can proceed through different statutory pathways. Official NSW information describes penalty notices and court processes for relevant drink-driving offences, while the Judicial Commission’s Local Court Bench Book explains that road-transport proceedings are generally dealt with summarily in the Local Court or, where applicable, the Supreme Court’s summary jurisdiction. The notice or court document should be read carefully because it identifies the allegation, response requirements and any listed date.

Police may immediately suspend a licence for specified offences, including circumstances described in official NSW material for first low-, special- or novice-range matters. Immediate suspension is a process event and is separate from any later court consideration of disqualification. The legislation also contains automatic and court-ordered licence provisions, and relevant time may be considered under the statutory scheme. Current settings should be checked rather than taken from an old penalty table. See the general NSW DUI court process and NSW DUI penalties pages for related information.

Attendance requirements depend on the pathway and documents issued. A person should not assume that every allegation requires the same appearance, that every matter can be dealt with by notice, or that a listed date can be ignored. Information about a particular response should be obtained for the individual matter.

Preparation checklist

• Keep every document received from police, Transport for NSW or the court, including any penalty notice, charge sheet, licence suspension notice and correspondence.
• Record the listed court date, location, response deadline and any instructions printed on the document.
• Check that the name, alleged date, vehicle details, offence description and stated alcohol category appear consistent across the documents.
• Gather relevant licence information and a clear chronology of what happened, without altering or discarding messages, records or other potentially relevant material.
• Note any practical issues, such as work, caring responsibilities or transport arrangements, as background information that may be relevant to obtaining assistance.
• Use current official information for licence and penalty settings, rather than relying on posts, calculators or older examples.