Have you been charged with Exceeding the Prescribed Concentration of Alcohol (“ PCA ”)?

What does it mean to exceed the Prescribed Concentration of Alcohol (“PCA”)?

Exceeding the PCA occurs when a person drives or is in control of a motor vehicle while their blood alcohol level exceeds the legal limit. This offence is governed by Section 49(1)(b) of the Road Safety Act 1986 (RSA).

It’s important to note that a PCA charge may also be accompanied by a related offence under Section 49(1)(f) of the RSA, which involves driving with an illegal blood alcohol concentration. However, you are not required to plead guilty to both charges, as they are alternative charges. If one charge is unsuccessful, the other may be pursued in its place.

Elements that must be proven:

For the prosecution to secure a conviction, they must prove two key elements beyond a reasonable doubt:

1. You were driving or in charge of a motor vehicle: This means you were operating or in control of the vehicle, whether stationary or moving.
2. You had a blood alcohol concentration (BAC) at or above the prescribed level: Your BAC must have exceeded the legal limit as determined by a breath test, blood test, or other approved testing method.

Definitions:

Prescribed concentration of alcohol: Under Section 3(1) RSA, the prescribed limit is 0.05 grams of alcohol per 100 millilitres of blood, or 0.05 grams of alcohol per 210 litres of exhaled air. If you exceed these limits while driving, you are considered to have exceeded the prescribed concentration of alcohol.

Procedural requirements by police:

For evidence of your blood alcohol concentration (BAC) to be admissible in court, the police must follow strict procedural requirements when conducting tests. These include:

• Using an approved breath analysis instrument: The breathalyser device used must be certified and approved under the law.
• Ensuring at least 15 minutes have passed since your last drink: This ensures the accuracy of the breath test result.
• Providing you with a signed certificate confirming your BAC: After testing, the police must give you a certificate showing your BAC at the time of the test.
• Ensuring a registered medical practitioner takes your blood sample: If a blood test is required, it must be performed by a qualified healthcare professional.
• Having a qualified specialist analyse the blood sample within 12 months of collection: The analysis of your blood sample must be carried out by an authorised specialist within a reasonable timeframe.

Failure by the police to adhere to any of these procedures may render the BAC evidence inadmissible in court, making it more difficult for the prosecution to prove your guilt.

Penalties:

The penalties for exceeding the prescribed concentration of alcohol are severe and vary depending on whether it is your first, second, or subsequent offence, as well as the level of alcohol in your system at the time of the offence.

1. First Offence:

• A fine of up to 20 penalty units (1 penalty unit = $192.31, as of 2024).

2. Second Offence:

• If your BAC is less than 0.15: A fine of up to 60 penalty units or imprisonment for up to 6 months.
• If your BAC is 0.15 or more: A fine of up to 120 penalty units and imprisonment for up to 12 months.

3. Third or Subsequent Offence:

• If your BAC is less than 0.15: A fine of up to 120 penalty units and imprisonment for up to 12 months.
• If your BAC is 0.15 or more: A fine of up to 180 penalty units and imprisonment for up to 18 months.

Mandatory Licence Disqualification:

In addition to fines and imprisonment, the court is required to disqualify your driver’s licence or learner permit if convicted of exceeding the prescribed concentration of alcohol. Under Section 50(1A) of the RSA, the disqualification period is outlined in Schedule 1 of the RSA and depends on whether it is your first or subsequent offence:

• First offence: Minimum disqualification of 3 months.
• Second offence: Minimum disqualification of 6 months.
• Subsequent offences: Disqualification periods can extend up to 48 months or more.

It is important to note that the actual time you spend disqualified from driving may exceed these minimum mandatory periods, depending on the circumstances of your case.

Behaviour Change Program:

If you are convicted of a drink driving offence, you may be required to participate in a VicRoads Behaviour Change Program. This program is designed to help offenders understand the risks of drink driving and to reduce the likelihood of reoffending. Participation in the program is typically mandatory before you can regain your licence.

Where will my case be heard?

Charges of exceeding the prescribed concentration of alcohol are heard in the Magistrates’ Court of Victoria. This is where most of the driving and traffic offences are dealt with.

What happens next?

If you have been charged with exceeding the prescribed concentration of alcohol, it is essential to seek legal advice as soon as possible. The consequences of a conviction can be severe, including the loss of your licence, fines, and potentially imprisonment. At MK Law, our experienced criminal defence lawyers can provide you with expert advice and represent you in court to ensure the best possible outcome for your case.

Contact us today on 1800 130 120 to discuss your case and receive professional legal assistance.