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Traffic & Driving

Drink Driving (PCA)

A drink-driving charge does not have to end in a conviction or a lost licence. How it is run matters.

Drink driving, charged in NSW as a 'prescribed concentration of alcohol' (PCA) offence, is one of the most common charges before the Local Court, and one of the most misunderstood. Many people plead guilty on the first date without advice, and lose their licence when they did not have to.

City Group Legal appears in drink-driving matters across South-West Sydney and every Sydney Local Court. Depending on your reading, your record and how the matter is prepared, the right outcome may be no conviction at all (a section 10 or conditional release order), a reduced disqualification, or a strong defended case.

What's at stake. PCA is graded by your blood-alcohol reading. Low range (0.05-0.079) attracts fines and a licence disqualification, and for a first offence can be dealt with by police infringement. Mid range (0.08-0.149) and high range (0.15+) carry escalating maximum fines, longer disqualifications and, for high range and repeat offences, the real prospect of imprisonment. An interlock order applies to many offences. Exact penalties depend on your reading, your record and the court, get advice on yours.

How we defend drink driving

Not every drink-driving charge is defended, often the work is in getting the best possible outcome on a plea. We prepare the matter properly: the circumstances, the reason for driving, your driving record and character, and a traffic-offender program where it helps. Where the outcome should be a non-conviction, we make that case. Where there is a genuine defence, a problem with the reading, the arrest, the two-hour rule or the home-safely rule, we run it.

Frequently asked

Will I lose my licence for drink driving?

Not always. For lower-range first offences a court can decline to record a conviction (a section 10 / conditional release order), which means no disqualification. For higher ranges a disqualification usually applies, but the length can often be reduced, and an interlock licence may let you keep driving. It depends on your reading and your record.

What is a section 10?

A section 10 (now a conditional release order without conviction) is where the court finds the charge proven but does not record a conviction or impose a disqualification. It is discretionary and has to be earned with the right preparation. For eligible drink-driving matters it is the best outcome available.

Should I just plead guilty on the first date?

Not before getting advice. Pleading guilty unprepared is how people lose licences they could have kept. Even a day's preparation, a traffic-offender course, references, and the right submissions, can change the outcome. Speak to us first.

What is high range PCA?

High range PCA is a reading of 0.15 or more. It carries the heaviest penalties, including longer disqualifications, an interlock order and, particularly for repeat offences, a real risk of a gaol sentence. It should never be run without a lawyer.

The earlier we start, the more we can do.

Whether you’ve been charged, arrested, or are helping a family member, the earliest advice is the most valuable.