Prescribed Concentration of Alcohol (PCA) Offence
What the Offence is
In South Australia, driving with a prescribed concentration of alcohol (PCA) in your blood is a serious offence under the Road Traffic Act 1961 (‘RTA’). This offence is pursuant to Section 47B of the RTA. The offence is categorised into three ranges based on the person’s blood alcohol concentration (BAC):
- Category 1: 0.05 grams or more but less than 0.08 grams of alcohol per 100 millilitres of blood.
- Category 2: 0.08 grams or more but less than 0.15 grams of alcohol per 100 millilitres of blood.
- Category 2: 0.15 grams or more of alcohol per 100 millilitres of blood.
Why You Need Legal Advice
Driving with a prescribed concentration of alcohol is a serious offence with significant penalties in South Australia. It is crucial for drivers to understand the legal limits and the severe consequences of violating these laws. If charged with driving while having prescribed concentration of alcohol in blood, contact Stanley & Co. Lawyers so we can investigate relevant defences and aid in mitigating the penalties.
Helpful Questions & Answers
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What the Prosecution Needs to Prove (Elements of the Offence)
To secure a conviction for a PCA offence, the prosecution must prove beyond reasonable doubt the following elements:
- Identity of the Driver: That the person charged was the driver of the vehicle.
- Driving on a Public Road: That the driving occurred on a public road or a place to which the public has access. The definition of a road can vary depending on the circumstances, so it is important to speak to a lawyer to determine whether you have a defence.
- Presence of Alcohol: The driver had a blood alcohol concentration (BAC) at or above the prescribed limit. This is typically proven through a breathalyzer test or blood test.
The Relevant Court
PCA offences are generally heard in the Magistrates Court of South Australia.
What Defences are Available
Several defences can be raised in response to a PCA charge, including:
- Challenging the Accuracy of the breath analysis: The device must be in proper working order and properly operated, if it is not, questions may be raised about the accuracy of the result.
- Challenging the legality of the test: The police must follow procedures to ensure they have authority to conduct the test and advise you of your rights in relation to the test. If they do not this could be a defence to the charge depending on the extent of the breach.
What are the Specific Maximum Penalties for the Offence
The penalties for PCA offences under the RTA vary based on the BAC level and whether it is a first or subsequent offence. The penalties include:
- For a first offence- s47B(1)(a)
- Category 1 offence: $1,100 fine minimum 3 months disqualification
- Category 2 offence: $900 - $1,300 fine minimum 6 months disqualification
- Category 3 offence: $1,100 - $1,600 fine minimum 12 months disqualification
- For a second offence- s47B(1)(b)
- Category 1 offence: $1,100 fine minimum 6 months disqualification
- Category 2 offence: $1,100 - $1,600 fine minimum 12 months disqualification
- Category 3 offence: $1,600 - $2,400 fine minimum 3 years disqualification
- For a third offence- s47B(1)(c)
- Category 1 offence: $1,100 fine minimum 9 months disqualification
- Category 2 offence: $1,500 - $2,200 fine minimum 2 year disqualification
- Category 3 offence: $1,900 - $2,900 fine minimum 3 year disqualification
- For a subsequent offence- s47B(1)(c)
- Category 1 offence: $1,100 fine minimum 12 months disqualification
- Category 2 offence: $1,500 - $2,200 fine minimum 2 year disqualification
- Category 3 offence: $1,900 - $2,900 fine minimum 3 year disqualification
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