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Maximum Penalty – Exceed PCA

Road Safety Act 1986 – SECT 49
Offences involving alcohol or other drugs

For the charge of ‘Exceed PCA’, the maximum penalty is:

First Offence: 20 penalty units

Second Offence:

60 penalty units or 6 months if BAC (blood or breath sample) is less than 0.15.

120 penalty units or 12 months imprisonment if BAC (blood or breath sample) is less than 0.15 or more.

Subsequent Offence (third or more within 10 years):

if BAC is less than 0.15: 120 penalty units or 12 months imprisonment

if BAC is more than 0.15: 180 penalty units or 18 months imprisonment.

Note: A person who is guilty of an accompanying driver offence is liable to a fine of not more than 5 penalty units.

From 30 April 2018, new mandatory loss of licence periods apply depending on level of alcohol present in your blood or breath. If there is more than the prescribed concentration of alcohol in your breath (0.05 concentration of alcohol in blood in grams per 100 millilitres of blood or in breath in grams per 210 litres of exhaled air), he disqualification periods are as follows:

Blood Alcohol Concentration (BAC) First Offence Subsequent Offence
less than .07 6 months 12 months
.07 or more but less than .08 6 months 14 months
.08 or more but less than .09 6 months 16 months
.09 or more but less than .10 6 months 18 months
.10 or more but less than .11 10 months 20 months
.11 or more but less than .12 11 months 22 months
.12 or more but less than .13 12 months 24 months
.13 or more but less than .14 13 months 26 months
.14 or more but less than .15 14 months 28 months
.15 or more but less than .16 15 months 30 months
.16 or more but less than .17 16 months 32 months
.17 or more but less than .18 17 months 34 months
.18 or more but less than .19 18 months 36 months
.19 or more but less than .20 19 months 38 months
.20 or more but less than .21 20 months 40 months
.21 or more but less than .22 21 months 42 months
.22 or more but less than .23 22 months 44 months
.23 or more but less than .24 23 months 46 months
.24 or more 24 months 48 months

 
If you are an L or P-plater, or anyone else with nil alcohol conditions, if you are caught with a BAC of less than 0.05 then you face an automatic disqualification period of three months for a first offence and 12 months for a subsequent offence.

However, if the BAC is 0.05 or more but less than 0.07, and you are 26 years or older, and section 52 of the Road Safety Act does not apply (i.e. you are subject to a zero blood alcohol or breath condition), then the disqualification period is three months.

If you are caught over the 0.05 limit, you must also complete a mandatory ‘behaviour change program’ before being eligible to reapply for your licence.

Additionally, if you are caught over the 0.05 limit you will be forced to have an alcohol interlock fitted to your car for six months when you regain your licence. This condition applies to all offenders (first time and repeat).