The offence of special range PCA is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration of between 0.02 and 0.049. Any person who is subject to a zero alcohol limit while driving may be charged with special range PCA.

 

Broadly speaking, this offence will usually apply to persons who have a special licence such as bus drivers and taxi drivers who will usually have a 0.02 limit while operating a bus or taxi service.

 

As of 20 May 2019, NSW Police Officers will be able to issue either:

• an infringement notice; or

• a court attendance notice for the offence.

 

If you receive an infringement notice, you will also either receive an immediate suspension notice from the police or one subsequently from the RMS suspending your licence for a period of three months.

 

If you receive a court attendance notice, or elect to take the matter to court, the maximum penalty for this charge depends on whether a person is a first offender (20 penalty units) or second and subsequent offender (30 penalty units).

 

If a court sentencing a person records a conviction, it must make a disqualification order. The automatic period of disqualification for a first-time offender is 6 months. The court can reduce this period; however, they cannot reduce it below the minimum disqualification period of 3 months.

 

Loss of licence for any period, whether it be days, weeks, or months, can have a crippling effect on a person and their entire family. There are options available to offenders to have the matter determined by a court and seek to avoid a conviction and loss of licence, or to appeal an immediate licence suspension.

 

An infringement notice can be issued by police which involves a fine of $561 for an offence of special range drink driving.

 

Police can also issue a driver with an on the spot three-month suspension (an immediate notice of suspension). If an immediate notice of suspension is not issued, the driver will later be sent a letter from the RMS advising them that their licence will be suspended for a period of three months.