Charged with mid-range PCA in NSW.

The legislative source.

"Middle-range" is 0.08 grams or more, but less than 0.15 grams of alcohol in 210 litres of breath, or in 100 millilitres of blood (s 108 definitions). A mandatory interlock order under Part 7.4 Division 2 of the Act applies on conviction.

Mid-range PCA is dealt with summarily in the Local Court. The court can impose a fine, an imprisonment sentence, or a non-custodial alternative (CRO, CCO, ICO). The interlock obligation is the dominant practical consequence for most defendants.

Penalties and likely outcomes.

First offence.

Maximum penalty 20 penalty units ($2,200) and/or 9 months imprisonment. Automatic disqualification 12 months, minimum 6 months. If a mandatory interlock order is made, the initial disqualification is 3 to 6 months and the interlock period is 12 months.

What the magistrates actually impose.

For a first mid-range PCA on a plea with a strong subjective case, the realistic target is a CRO with conviction, a reduced initial disqualification (3 to 6 months) and the interlock period. Section 10 is uncommon for mid-range but available on the right facts (a reading at the low end of the band, exceptional subjective material, TOIP completion).

Second offence.

Maximum penalty 30 penalty units ($3,300) and/or 12 months imprisonment. Automatic disqualification 3 years, minimum 12 months. With interlock, initial disqualification 6 to 9 months, interlock period 24 months. ICO is realistic for a second offence with aggravating features.

Defences and arguments worth running.

The procedural defences are the standard set. The two-hour rule and the home rule (Schedule 3 of the Act, including clause 2(1)(e) on testing at the person's home) operate where police did not comply with the prerequisites. Continuity of the breath sample, calibration of the analysing instrument, and the proper administration of the test are the usual procedural challenges. Where the reading is close to the threshold (0.08 to 0.10), expert evidence on the margin of error of the instrument can be relevant.

What we do for clients facing this charge.

The first task is to decide whether to plead. Where the brief is solid and the reading is firmly within the band, plea is usually the right call. We focus on the subjective case: character references, contrition, completion of the Traffic Offender Intervention Program, and treatment where relevant.

The interlock decision is critical. Interlock exemption orders are available under s 212 for medical, severe hardship, and limited employment grounds, but the bar is set high for a first mid-range offence. We assess exemption realistically at the brief stage rather than running an application that will fail.

Where there is a viable procedural defect, the defended hearing is run. The brief is analysed against the testing protocols, the calibration data is subpoenaed, and the procedural steps from RBT to breath analysis are scrutinised.

What we tell clients on the first call.

The practical detail below is not legal advice for your matter. It is the version of the conversation the firm typically has with a client charged with mid-range PCA in the first hour.

What evidence police usually rely on.

The breath-analysis reading at the police station, the certificate of analysis, and the officer's witness statement. The fact sheet is the source the prosecutor reads from at sentence. Mistakes in the two-hour rule or the home rule sometimes show up in those papers.

What to bring to the first consultation.

• The Court Attendance Notice (or charge sheet) and any bail papers.
• Anything police gave you in writing — fact sheet, certificate of analysis, search warrant copy, property seizure record.
• A short written timeline of the day, in your own words.
• Your driver licence and a list of current driving record points; a written timeline of the time you started and stopped drinking, and the time of the test.

Common mistakes in the first twenty-four hours.

• Talking to anyone other than your lawyer about the matter. Friends, family, co-accused and social media are not privileged.
• Deleting messages, photographs, posts or browser history. The trail left by deletion is often more damaging than what was there.
• Contacting the complainant or any prosecution witness, even through a third party.
• Discussing what you drank with anyone other than your lawyer. The fact sheet will pull from anything the officer heard.

What not to say to police without advice.

You must give your name and address. You do not have to answer anything else, and in most cases you should not. The standard answer is: “I do not wish to answer questions. I want to speak to my lawyer.” Section 89 of the Evidence Act 1995 (NSW) protects silence; the narrow section 89A exception applies only on indictable matters and only where a special caution has been given in the presence of an Australian lawyer.

The timeline you can expect.

From charge to first court appearance is typically two to six weeks in the Local Court and longer where the matter is indictable. The brief of evidence is served by the prosecutor on a date set at the first mention. From service of the brief to first reply is typically twenty-eight days. Defended hearings and committals are then listed weeks or months out depending on the court list.

When an early plea may or may not be appropriate.

An early plea attracts a sentencing discount of up to twenty-five per cent if entered at the first available opportunity, but it locks in a conviction. The firm does not advise an early plea before the brief is served and read. On a low or mid-range first-offence reading with strong character, a section 10 application is the realistic best outcome on the facts on the facts; an early plea preserves the maximum discount. On a high-range reading or a second offence, the section 10 path is narrow and the case for holding the plea is stronger.

Court-specific notes.

If the matter is listed at the Downing Centre, Parramatta, Penrith, Burwood, Manly, Newtown, Waverley, Hornsby or Sutherland Local Court, the firm appears in person. Wollongong Local Court matters are run from the firm's Wollongong office. ACT Magistrates Court and ACT Supreme Court matters are run from chambers; the firm appears in person at all ACT mentions.

Recent outcomes · mid-range PCA matters.

Anonymised outcomes from the firm's matter set. Names, dates beyond the year, and identifying details have been altered or omitted to preserve client confidentiality. Each result was determined on the particular facts and is not a guarantee of any future outcome.

Frequently asked.