A complete breakdown of Mid Range PCA in New South Wales — the BAC threshold, court process, penalties, mandatory alcohol interlock rules, and when an exemption may be available.
Mid Range PCA is charged under section 110(4) of the Road Transport Act 2013 (NSW). It applies to a breath or blood alcohol reading of 0.08 to 0.149 and represents a significant step up in seriousness from Low Range PCA.
Unlike Low Range PCA, Mid Range PCA cannot be resolved with an on-the-spot penalty notice. Police may confiscate your licence immediately and you must attend court, where a mandatory alcohol interlock order applies on conviction unless the court makes an interlock exemption order.
If charged with Mid Range PCA, police may confiscate your licence at the roadside. You will not be able to drive at all until your matter is dealt with at court — there is no 3-month on-the-spot suspension option as there is for Low Range.
| 1st Offence | 2nd+ Offence (5 yrs) | |
|---|---|---|
| Max fine | $2,200 | $3,300 |
| Max imprisonment | 9 months | 12 months |
| Automatic disqualification | 12 months | 3 years |
| Minimum disqualification | 6 months | 12 months |
| Min. disqualification with interlock | 3 months | 6 months |
| Minimum interlock period | 12 months | 24 months |
The automatic disqualification is the default period that applies unless the court makes a specific order for a different (typically shorter) period, subject to the statutory minimum.
Since 3 December 2018, all Mid Range PCA convictions attract a mandatory alcohol interlock order under section 209 of the Road Transport Act 2013, unless the court makes an interlock exemption order. This applies even to a genuine first offence. During the interlock period you may drive, but only in a vehicle fitted with an approved breath-testing ignition device.
You may ask the court at sentencing for an interlock exemption order under section 212(3), on one of these grounds:
An exemption must be sought at the time of sentencing — it cannot be applied for later. If granted, you avoid the interlock program but face a longer straight disqualification period instead, and Transport for NSW may require you to complete a drink-driving education program (such as the Sober Driver Program).
Except under the severe-hardship ground (first Mid Range PCA offence or first mid-range combined alcohol and drug offence), you cannot get an exemption simply because you cannot afford the interlock, because it would prevent you driving for work, or because the vehicle’s registered owner refuses consent.
With imprisonment on the table and a mandatory interlock order on conviction (unless the court makes an interlock exemption order), your court preparation matters. A genuine, well-documented submission is the strongest tool you have to influence the outcome.
Mid Range PCA applies to a breath or blood alcohol reading of 0.08 up to (but not including) 0.15. It is charged under section 110(4) of the Road Transport Act 2013 and is a significantly more serious offence than Low Range PCA.
No. Mid Range PCA cannot be dealt with by penalty notice. You will be issued a Court Attendance Notice, your licence may be confiscated by police on the spot, and you cannot drive until your matter is finalised at court.
Yes. The maximum penalty for a first offence is a $2,200 fine and/or up to 9 months imprisonment, though imprisonment is uncommon for genuine first offenders without aggravating factors. For a second or subsequent offence, maximum imprisonment increases to 12 months and the maximum fine to $3,300.
Yes, since 3 December 2018 a mandatory interlock order applies to all Mid Range PCA convictions, including first offences, unless the court makes an interlock exemption order. The minimum interlock period is 12 months for a first offence and 24 months for a second or subsequent offence.
It is possible but harder to obtain than for Low Range PCA. Courts require strong character evidence, genuine extenuating circumstances, and evidence that a conviction would cause disproportionate hardship. If convicted, the mandatory interlock order still applies, unless the court makes an interlock exemption order.
You may ask the court at sentencing for an interlock exemption order under section 212(3) of the Road Transport Act if you can prove lack of vehicle access or a genuine medical condition preventing use of the device, or — only for a first Mid Range PCA offence, or a first mid-range combined alcohol and drug offence — that the order would cause severe hardship. If granted, you serve a longer disqualification instead of the interlock program.