Middle-range PCA in NSW at a glance
These facts come from the current in-force legislation, the Judicial Commission of NSW Local Court Bench Book and NSW Government drink- and drug-driving information. The range and process should be checked against the official sources linked below before relying on them. [1] [2] [3]
What is middle-range PCA?
Middle-range PCA is a statutory drink-driving category under section 110 of the Road Transport Act 2013. In general terms, the allegation concerns a person driving, or otherwise being in control of, a motor vehicle on a road or road-related area while the prescribed concentration of alcohol was present in the person’s breath or blood. The relevant middle-range concentration is 0.08 or more but less than 0.15 grams of alcohol in 210 litres of breath, or the corresponding concentration in blood. [1]
The legislation defines “drive” broadly. The factual issue is not limited to a vehicle travelling along a road: the statutory concept includes being in control of a vehicle’s steering, movement or propulsion. Whether the legal elements are established is a matter for the applicable evidence and process. This page does not determine whether a particular reading, test, police procedure or factual account proves an offence.
Middle-range PCA is distinct from the novice, special-range, low-range and high-range categories because the applicable alcohol concentration is different. It is also different from a charge alleging driving under the influence, which is a separate statutory concept. For a broader overview, see NSW drink-driving offences, or compare the general low-range drink-driving and high-range drink-driving categories.
What the allegation generally involves
A middle-range PCA allegation will ordinarily identify a vehicle, a location or road-related area, an alleged time, and an alcohol concentration said to have been detected in breath or blood. The charge may also involve the statutory description of driving or being in control of the vehicle. The charge wording and supporting material are important because general category information cannot replace examination of the documents in an individual matter.
Official material also distinguishes between first-offence and subsequent-offence settings. That classification is not determined by the BAC range alone. It may depend on relevant prior offences and the statutory rules in force at the time. The NSW Government’s grouped penalty information should therefore be treated as general information and checked against the current page rather than copied as a fixed personal result. [3]
Process and court attendance
After an alleged middle-range PCA offence, the immediate process can include police action affecting the licence. NSW Government information states that mid-range PCA charges involve immediate suspension and are subject to the Alcohol Interlock Program. The precise effect, duration, eligibility and later licence arrangements depend on the relevant statutory provisions, the charge, prior-offence history, licence status and any court orders. [3]
A matter may proceed through a court attendance process. Road-transport proceedings are generally dealt with summarily in the Local Court, subject to the legislation and the court’s jurisdiction. The Judicial Commission Bench Book explains that automatic and court-ordered disqualification provisions, minimum settings and interlock provisions may form part of the legal framework. It also records that relevant suspension time may be considered when a court deals with disqualification. [2]
Read the general explanation of the NSW DUI court process and use Find a Court for official location and listing information. This is a process overview only; it does not recommend a plea, application, appeal or other procedural step.
Preparation checklist
- Keep the charge, court attendance notice, police documents and any licence correspondence together in one place.
- Record the court date, courthouse, arrival time and any instructions printed on the documents.
- Write a neutral timeline of the relevant events while memories are fresh, without assuming that a disputed fact is proved.
- Note the licence type and any suspension or interlock correspondence, including dates and issuing authorities.
- Gather documents that may be relevant to the process, such as identification, licence records and court paperwork.
- Check official NSW information for current rules rather than relying on old penalty tables, online comments or assumptions based only on the BAC reading.
- Consider obtaining independent legal advice if the charge, evidence, licence position or prior-offence classification is unclear.
Frequently asked questions
What BAC range is middle-range PCA?
The verified statutory range is 0.08 or more but less than 0.15 grams of alcohol in 210 litres of breath, or the corresponding blood concentration. NSW Government information describes it as BAC 0.08 to 0.149. [1] [3]
What does section 110 generally require?
In broad terms, the allegation concerns driving or being in control of a motor vehicle on a road or road-related area while the prescribed concentration of alcohol is present. The evidence and charge wording must be considered in any particular matter.
Can a licence be affected before court?
Yes. Official NSW information states that mid-range PCA charges involve immediate suspension. Interlock provisions may also be relevant, but the applicable position depends on the statutory and factual circumstances.
Does the first-offence label decide the result?
No single label or BAC reading determines an individual result. Official settings can depend on relevant prior offences, licence circumstances, the charge and court orders.
Official sources
Need help understanding the process?
This guide is general information, not legal advice. For information about speaking with Boorman Lawyers, visit Contact us. You can also review the general NSW DUI penalties information and alcohol interlock information without treating either page as a prediction of an individual outcome.