Expert Drink Driving Lawyer Sydney & Parramatta | PCA Defence
Being charged with drink driving (Prescribed Concentration of Alcohol – PCA) in New South Wales is a frightening and serious experience. It is not a simple traffic ticket; it is a criminal offence. A conviction can lead to a criminal record, devastating licence disqualifications, enormous fines, and even imprisonment.
If you have been charged, you are likely feeling stressed, confused, and worried about your future. At Jameson Law, our expert drink driving lawyers in Sydney and Parramatta understand what is at stake. We provide urgent, strategic, and powerful legal defence to protect your licence, your livelihood, and your reputation. We are in court every day, successfully defending clients against PCA charges.
Understanding Your Drink Driving Charge (PCA) in NSW
In NSW, drink driving offences are defined under the Road Transport Act 2013. The most common charge is “Prescribed Concentration of Alcohol” (PCA), which means you were driving with a blood alcohol level over the legal limit for your licence class. The penalties you face depend heavily on which “range” your reading falls into.
Our PCA lawyers in NSW have expert knowledge in defending all categories:
1. Low Range PCA (0.05 – 0.079 BAC)
While this is the least severe category, a conviction still results in a fine, licence disqualification, and a criminal record. For a first offence, you may face an immediate 3-month licence suspension. An experienced drink driving lawyer in Sydney can often help you avoid a conviction entirely by arguing for a Section 10 dismissal, especially if it is your first offence.
2. Mid Range PCA (0.08 – 0.149 BAC)
This is a serious criminal offence. The penalties are severe and include mandatory licence disqualification and a mandatory alcohol interlock order. There is a real risk of a criminal conviction. A DUI lawyer in Parramatta is essential to prepare your case for sentencing, minimise your disqualification period, and argue against a conviction if possible.
3. High Range PCA (0.150 BAC and over)
This is the most serious PCA offence. The court considers a High Range PCA charge as a criminal act that put the community at extreme risk. A sentence of imprisonment is a very real possibility, even for a first offence. The penalties also include a lengthy licence disqualification and a mandatory alcohol interlock order. If you are charged with High Range PCA, you need an expert High Range PCA lawyer immediately.
4. Novice, Special, or Zero Range PCA (Over 0.00 BAC)
Learner (L), Provisional (P1/P2), and professional drivers (e.g., truck, bus, or taxi drivers) must have a zero blood alcohol reading. Any positive reading will result in a charge.
“I’ve Been Charged. What Happens Now?” – The Court Process
Being charged is not the same as being found guilty. However, the process is fast and you must act quickly.
- The Charge & Immediate Suspension: For most Mid and High Range PCA offences, the police will issue you with an “Immediate Police Suspension Notice.” Your licence is suspended on the spot.
- Court Attendance Notice (CAN): You will be given a document with your charge and your first court date. This is not a fine you can just pay—you *must* attend court.
- First Court Date (Mention): This is your first appearance at the Local Court (e.g., in Parramatta, Burwood, or the Downing Centre in Sydney). You will need to enter a plea of ‘Guilty’ or ‘Not Guilty’.
- Sentencing or Hearing: If you plead guilty, the case may be finalised on the same day or adjourned for sentencing. If you plead ‘not guilty’, your case will be adjourned for a defended hearing.
Having an experienced traffic lawyer from our Sydney or Parramatta office by your side from the very first court date is critical to navigating this process and achieving the best result.
Pleading Guilty: How a Lawyer Can Minimise Your Sentence
In many drink driving cases, the evidence is strong and the best strategy is to plead guilty. This is *not* a failure. A well-prepared guilty plea is the key to minimising your penalty. Our job is to present your case in the best possible light to the Magistrate.
The Best Outcome: Section 10 Dismissal (No Conviction)
For Low Range PCA, and sometimes even Mid Range PCA, the best possible outcome is a Section 10 dismissal. This means the Magistrate finds you guilty but does not record a criminal conviction.
The benefits of a Section 10 are enormous:
- NO Criminal Record: You can truthfully say you have no conviction for this offence.
- NO Licence Disqualification: You keep your licence and can drive away from court.
- NO Fine: The court does not impose a fine.
To get a Section 10, your lawyer must make powerful submissions about your good character, your need for a licence (for work or family), your driving record, and the circumstances of the offence. This is where our lawyers excel.
Minimising Your Disqualification Period
For Mid and High Range PCA, the court *must* disqualify you. However, the law provides a *range* (e.g., a “minimum” period and an “automatic” period). The Magistrate decides how long your disqualification will be. Our drink driving lawyers will fight to get you the absolute **minimum disqualification period** allowed by law.
The Mandatory Alcohol Interlock Program
The Alcohol Interlock Program is mandatory for all Mid Range and High Range PCA offences. This program requires you to have a device fitted to your car (at your own expense) for a set period after your disqualification ends. You must provide a zero-alcohol breath test to start the car.
An expert interlock device lawyer can ensure the court imposes the minimum possible disqualification period and the minimum possible interlock period, helping you get back to normal driving sooner.
Can You Defend a Drink Driving Charge?
While many people plead guilty, you should always discuss your options with a lawyer. There are legal defences available. A charge may be defended if:
- The “At Home” or “Two-Hour” Rule: The police must prove you drove within two hours of your breath test. If you were tested at home more than two hours after driving, the test may be inadmissible.
- Faulty Equipment: The breath analysis device may have been calibrated incorrectly or was faulty. This requires expert evidence to prove.
- Incorrect Police Procedure: The police must follow strict legal procedures when arresting you and conducting a breath test. Any significant error could make the evidence inadmissible.
- You Were Not the Driver: The police must prove you were the person driving the vehicle.
Defending a PCA charge is complex and technical. Our DUI lawyers in Sydney have the expertise to analyse the police brief and identify any viable defence.
Why You MUST Choose an Expert Drink Driving Lawyer
A drink driving charge is not a traffic ticket. It is a criminal offence that is prosecuted by the police in a Local Court, and the consequences are life-changing. Do not make the mistake of going to court alone.
The team at Jameson Law are expert PCA lawyers in NSW. We know the law, we know the courts, and we know how to get the best possible result.
- We Fight for Section 10s: We have a proven track record of securing Section 10 dismissals for clients, saving their licence and their criminal record.
- We Minimise Penalties: We know how to prepare a strong sentencing case to ensure you receive the minimum possible fine and disqualification period.
- We Can Help You Avoid Jail: For High Range PCA, our primary goal is to keep you out of jail. We are experts in arguing for alternatives to full-time custody.
- We Are Sydney & Parramatta Locals: We appear in all Sydney & Parramatta local courts (like the Downing Centre, Burwood, Hornsby, Blacktown, and Parramatta Local Court) every day. We know the Magistrates and the prosecutors.
If you have been charged with a PCA or DUI offence, your next step is critical. Contact Jameson Law now for a free, confidential consultation with an expert drink driving lawyer in Sydney. We are here to help.
Disclaimer
The above is general legal information and should not be considered legal advice. You should speak with one of our lawyers for legal advice tailored to your specific legal matter. The courts and tribunals deal with matters on a case-by-case basis. Our lawyers are based in Parramatta and Sydney, we cannot assist with legal advice in a range of jurisdictions whether in Melbourne, Brisbane, Adelaide or Perth.
