Call Us (03) 9670 5111

Client Reviews
Case Results
Doogue + George

Exceed PCA

The offence of drink driving exceed PCA is the sort of charge regularly heard in the Magistrates Court.

The maximum penalty depends on the amount of offences committed and the concentration of the alcohol in the person’s blood.

First offence: 12 penalty units.

Second offence: 6 months and/or 60 penalty units if the concentration of alcohol is less than 0x15 grams per 100 millilitres of blood; or in the person’s breath was less than 0x15 grams per 210 litres of exhaled air as the case requires. 12 months and/or 120 penalty units if the concentration of alcohol in the person’s blood was 0x15 grams or more per 100 millilitres of blood; or in the person’s breath was 0x15 grams or more per 210 litres of exhaled air as the case requires.

Subsequent offence: 12 months and/or 120 penalty units if the concentration of alcohol in the person’s blood was less than 0x15 grams per 100 millilitres of blood; or in the person’s breath was less than 0x15 grams per 210 litres of exhaled air as the case requires. 18 months/180 penalty units if the concentration of alcohol in the person’s blood was 0x15 grams or more per 100 millilitres of blood; or in the person’s breath was 0x15 grams or more per 210 litres of exhaled air as the case requires.

This charge is generally laid in situations where a person, within 3 hours after driving or being in charge of a motor vehicle, furnishes a sample of blood for analysis and the sample has been analysed within 12 months after it was taken by a properly qualified analyst where the analyst has found that at the time of analysis the prescribed concentration of alcohol or more than the prescribed concentration of alcohol was present in that sample and the concentration of alcohol found by the analyst to be present in the sample was not due solely to the consumption of alcohol after driving or being in charge of the motor vehicle.

In essence to prove this charge the Police must show that the accused gave a blood sample within 3 hours of driving or being in charge of a motor vehicle, that the sample showed that the prescribed concentration of alcohol (or more) was present and that the result of the sample was not due solely to the consumption of alcohol after the driving or being in charge of the motor vehicle.

Defences to this can be a factual dispute or the result of the analysis was not a correct result.

You should ring us and discuss your case if you have been charged.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

This is legislation that comes from section 49(1)(g) of the Road Safety Act 1986.

 

Further information on Exceed PCA

Possible Defences

In a case of Exceed PCA, the following defences may be applicable to the charge:

  • Factual Dispute and Concept of Beyond Reasonable Doubt
  • Faulty breathalyzer
  • Procedural non-compliance (i.e. breath test taken outside 3 hours)
  • Charges are Statute Barred

Penalties

What penalties can be imposed for a charge of Exceed PCA?

Legislation

What is the legislation for the charge of Exceed PCA?

The legislation for this offence can be found on section 49(1)(G) of Road Safety Act 1986.

Case Studies

Media Articles

Further Info

Links to further information about the charge of Exceed PCA:

 

Need further legal advice on this charge?
Contact one of our lawyers specialising in cases of Exceed PCA.