What is the Middle Range Drink Driving NSW offence? 

In the state of New South Wales in Australia the criminal traffic offence of Middle Range drink driving NSW is commonly referred to as “Middle Range PCA” or middle range prescribed concentration of alcohol. This is a very serious criminal traffic offence which is laid by Police when they arrest a person for operating a motor vehicle when their Blood Alcohol Concentration (BAC) reading is between 0.080 and 0.149.

An offence of Middle Range drink driving NSW is considered by the Courts to be a very serious criminal traffic offence since a person who has a blood alcohol reading in the Middle Range category is considered to be significantly effected by the alcohol in their system that their ability to safely operate a motor vehicle would be so impaired that is would pose a significant risk to the driver, passengers and other people on the roads.

The way in which the BAC of a person is analysed by Police is by taking a breath or blood sample of the accused and assessing how much alcohol is present in their system. The Police will use specific BAC testing instruments to ascertain exactly what amount of alcohol is present in a persons system through determining how many grams of alcohol exists per 100 millilitres of blood. If results show that a person has a blood alcohol reading of 0.085 then this means that there is 0.085 grams (85 milligrams) of alcohol in every 100 millilitres of blood.

The charge of Middle Range drink driving NSW is one of the most common categories of drink driving offences that come before the Courts on a daily basis which is concerning since a person would have to had consumed a reasonable amount of alcohol in order to be found with a Middle Range blood alcohol reading. But it should be understood that alcohol can affect different people in different ways as we have seen many different characteristics can have an affect on the way in which a person can metabolize alcohol. Factors such as gender, height, weight, age, metabolic rate, fitness levels, fatigue and other characteristics can come into play when a persons BAC levels are tested.

Despite the offence of Middle Range drink driving being a very common criminal traffic offence in New South Wales it is no secret that the Courts are known to deal with these types of offences in a harsh and swift manner generally issuing criminal convictions, license disqualifications and heavy fines. However, the Courts have a number of penalties and sentences at their disposal.

What are the Middle Range DUI Laws in NSW?

Road Transport Act 2013
(4) Offence-middle range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the middle 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.

The Penalties for Middle Range Drink Driving NSW?

Middle Range drink driving NSW offences are considered to be very serious criminal offences since they put drivers and the general community at a heightened level of risk. Most first time offence for Middle Range drink driving NSW will attract a criminal conviction, a disqualification or license and a financial penalty.

However, it should be noted that the Courts in New South Wales have a whole range of penalties and sentences at its disposal and certainly terms of imprisonment are not out of the question for the most severe offences and/or repeat offenders.

1st Offence:

A Middle Range drink driving NSW offence will carry with it considerable yet varied forms of penalties and sentences. For a 1st offence of Middle Range drink driving NSW (within a 5 year period) the following may apply:

  • Maximum fine of $2,200
  • Maximum term of imprisonment of 9 months
  • Unlimited maximum disqualification period
  • Automatic disqualification period of 12 months
  • Minimum disqualification period of 6 months

2nd Offence:

In relation to a second or subsequent offence of Middle Range drink driving NSW(within a 5 year period) the penalties and sentences which may apply include:

  • Maximum fine of $3,300
  • Maximum term of imprisonment of 12 months
  • Unlimited maximum disqualification period
  • Automatic disqualification period of 3 years
  • Minimum disqualification period of 12 months
It should be noted that the above penalties and sentences are a very general guide as to what the Courts will by guided by when handed down its penalties and sentences. The Courts in New South Wales have a whole range of other forms of penalties and sentences at its disposal to issue on an offender.

What Defences are there for Middle Range DUI in NSW?

There are a number of legal defences that exist for Middle Range drink driving in New South Wales. These are the same legal defences that apply to all types of PCA types of offences, in particular they include:
  • The two (2) hour rule
  • The home safe rule
  • Defence of honest and reasonable mistake
  • Challenge the BAC reading
  • Defence of not being the driver
Generally speaking it can often be hard pressed to run a defence for a PCA charge in New South Wales predominately due to the fact that Police usually have watertight procedures in place through the use of scientific measuring instruments which accurately calculate a persons BAC. However, we do know that even the tightest of Police processes can be subject to human error and every now and again we see the Police not adhering to the specific drink driving and testing procedures which the law has put in place.
 
When it becomes evident that Police have failed to follow protocol or procedure due to human error then we need to look carefully whether or not any of the above mentioned legal defences can be pursued. By talking to a specialist drink driving lawyer this will give you the best chance to assess whether or not any of the above legal defences apply to your drink driving charge. 

Specialist Middle Range Drink Driving NSW Lawyer

If you or someone you know have been charged with a Middle Range drink driving offence in New South Wales then it is important that you know that whilst drink driving offences are amongst the most common criminal offences which go before the Courts each day they are treated extremely seriously since the act of drink driving puts people within the community at a high risk of injury or death.

It is specifically for these reasons that the Courts deal with these matters harshly and swiftly. Given this is the Courts and the Communities general attitude you should ensure that you obtain the services of a qualified criminal and traffic lawyer who has experience and expertise in dealing with drink driving matters in New South Wales Courts.

There are many lawyers out there who will happily take on a drink driving matter despite the fact that they rarely appear in Court for criminal or traffic matters. If you decide to hire a lawyer then ensure that you ask questions as to how often they appear on drink driving matters and what sort of strategic plans the lawyer will consider putting in place.

A good drink driving lawyer will know the general attitudes of the Magistrates and the Police Prosecutors in the Court that you must appear in. Furthermore, they will be completely up to date with all of the specific laws and options available for you in relation to your drink driving matter.

Rest assure our drink driving lawyers are extremely experienced and knowledgable on all laws and issues surrounding drink driving cases in New South Wales. We attend Local Court in and around Sydney and New South Wales on a daily basis and have built up a good working relationship with the Magistrates and Police Prosecutors. This gives our lawyers an advantage over other lawyers who do not have this invaluable insight.

Our drink driving lawyers will go the extra yard to ensure you have a well prepared case and that it is presented in the best possible fashion in order to help you obtain the best possible Court result.

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Contact DUI Lawyers NSW – Joshua Boorman on (02) 9283 8622.


Middle Range Drink Driving NSW

Our Sydney DUI Lawyers can be contacted at:

Sydney Drink Driving Lawyers | DUI Solicitors NSW

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

Email: jaboorman@beazleysingleton.com.au

Middle Range Drink Driving NSW was written by Josh Boorman a Sydney Drink Driving Lawyer.