Mid range drink driving NSW is one of the most common offences heard in Local Courts across the state, including Parramatta. If you have been charged, you are likely worried about losing your licence, receiving a criminal record, and how this will affect your job and family.
At Crawford & Duncan Lawyers, we are former police prosecutors who now exclusively defend clients. We appear in all NSW courts and understand exactly how mid range drink driving matters are assessed, prosecuted and sentenced.
This guide explains what you are facing and how to prepare properly.
What is mid range drink driving NSW?
Mid range drink driving NSW refers to driving with a prescribed concentration of alcohol between 0.08 and 0.149.
Under the Road Transport Act 2013 (NSW), this is classified as a mid range PCA offence. PCA stands for prescribed concentration of alcohol.
Police usually detect this offence through:
- Random breath testing
- Roadside breath analysis
- Breath analysis at a police station
- Blood analysis in certain circumstances
Once you return a reading in the mid range category, police will immediately suspend your licence. You will also receive a Court Attendance Notice requiring you to appear at the Local Court.
If your matter is listed in Parramatta Local Court, preparation before the first court date is critical.
Mid range drink driving NSW penalties
The penalties for mid range drink driving NSW depend on whether it is your first offence or a second or subsequent offence within five years.
First offence mid range PCA
Maximum penalties include:
- Fine of up to $2,200
- Maximum 9 months imprisonment
- Automatic disqualification period of 6 months
- Minimum disqualification period of 3 months
- Mandatory interlock order
The court must impose an interlock order unless you qualify for an exemption.
Second offence within five years
Maximum penalties increase significantly:
- Fine of up to $3,300
- Maximum 12 months imprisonment
- Automatic disqualification period of 12 months
- Minimum disqualification period of 6 months
- Mandatory interlock order
While imprisonment is not common for first-time offenders, it is legally available. Your preparation and representation directly affect the outcome.
Will you automatically lose your licence?
Yes. For mid range drink driving NSW, police impose an immediate suspension at the roadside or police station.
After you attend court, the magistrate will determine the disqualification period. Even if you receive a reduced disqualification, you will still face:
- A court-imposed disqualification
- An interlock period
- A criminal conviction unless the court decides otherwise
The interlock program requires you to install a breath-testing device in your vehicle. You must provide a clean breath sample before the vehicle will start.
Failing to comply with interlock requirements can result in further charges and extended disqualification.
Learn more about our traffic defence services here:
https://crawfordduncan.com.au/traffic-lawyers-nsw
Can you avoid a conviction for mid range drink driving NSW?
Many people ask whether they can receive a Section 10 for mid range drink driving NSW.
A Section 10 is now known as a Conditional Release Order without conviction under the Crimes (Sentencing Procedure) Act 1999 (NSW).
While technically available, it is difficult to obtain for mid range PCA matters. The court considers:
- Your traffic record
- The alcohol reading
- Whether there was an accident
- Your need for a licence
- Your prior criminal history
- Evidence of rehabilitation
Strong preparation can significantly improve your prospects.
As former police prosecutors, we understand how magistrates approach drink driving sentencing. We know what makes an application persuasive and what causes it to fail.
You can learn more about our approach here:
https://crawfordduncan.com.au
How the court process works in Parramatta
If charged with mid range drink driving NSW, your matter will usually proceed as follows:
- First mention date in the Local Court
- Plea entered
- Sentencing on the same day or adjourned for preparation
Before your court date, you should:
- Obtain your full traffic record
- Complete a Traffic Offender Program
- Prepare strong character references
- Gather evidence of employment hardship
- Address any alcohol-related concerns
A rushed guilty plea without preparation often leads to longer disqualification periods.
Interlock orders explained
For most mid range drink driving NSW offences, an interlock order is mandatory.
- You serve a court disqualification period
- You then enter an interlock period
- You may only drive a vehicle fitted with an approved device
If you do not participate in the interlock program, you may face a significantly longer disqualification period.
Defences to mid range drink driving NSW
While many matters involve guilty pleas, defences may exist depending on the circumstances.
- Incorrect breath analysis procedure
- Machine calibration problems
- Two-hour rule issues
- Identification errors
- Procedural defects
As former police prosecutors, we understand breath analysis procedures and evidentiary requirements. If there is a technical weakness in the prosecution case, we identify it early.
Our broader criminal defence services are available here:
https://crawfordduncan.com.au/Criminal-lawyers-nsw
https://crawfordduncan.com.au/legal-services-nsw
Speak to Crawford & Duncan Lawyers today
If you are facing a mid range drink driving NSW charge, the decisions you make now will affect your licence, your record and your future.
Crawford & Duncan Lawyers are criminal and traffic law specialists based in Parramatta, NSW. As former police prosecutors, we bring unique insight into how drink driving cases are prosecuted and how they are successfully defended.
We provide compassionate, strategic representation in all NSW courts.
Call 02 9844 5416 today to speak directly with an experienced drink driving lawyer.
Get the right advice from Crawford & Duncan Lawyers before your court date.