A drink-driving charge can turn your life upside down in an instant. For many people in Western Sydney, losing a driver’s licence means losing work, independence, and stability. At Golottas Solicitors, we see how stressful these cases can be and help clients navigate every step, from the moment police issue a suspension notice to appearing in court and applying for an interlock licence.
This detailed guide explains what a mid-range PCA charge means, how licence suspension and disqualification work, what penalties apply, and how to take practical steps toward the best possible outcome.
What Is a Mid-Range PCA Offence in NSW?
The Road Transport Act 2013 (NSW) classifies drink-driving offences by the amount of alcohol detected in a person’s blood or breath.
| Offence Level | Blood Alcohol Range (BAC) | Example |
| Low-Range PCA | 0.05 to 0.079 | Two glasses of wine at dinner |
| Mid-Range PCA | 0.08 to 0.149 | Several drinks within a few hours |
| High-Range PCA | 0.150 and above | Heavy drinking session or binge |
A mid-range PCA is treated as a serious criminal offence. Police will issue a Court Attendance Notice and an Immediate Licence Suspension on the spot. You must not drive again until the matter is finalised in court, or your suspension is successfully appealed.
The Immediate Impact of a Drink-Driving Charge
When charged, you’ll receive three key documents from police:
- Court Attendance Notice – the date and location of your court hearing.
- Suspension Notice – your licence is suspended immediately.
- Charge details – outlining the alleged BAC reading and facts of the incident.
From that moment, you cannot legally drive. If you do, you risk being charged with driving while suspended, which can lead to imprisonment and longer disqualification.
At Golottas Solicitors, our team can review your paperwork, confirm legal timeframes, and determine whether there are procedural errors or grounds for appeal.
Licence Suspension vs Licence Disqualification
These two terms often cause confusion. The table below shows the difference clearly:
| Term | When It Happens | Who Imposes It | Effect |
| Suspension | Immediately after charge | NSW Police / Transport for NSW | Temporary ban before court |
| Disqualification | After conviction in court | Magistrate | Court-ordered ban as part of sentencing |
A court may take your prior suspension into account when setting the disqualification period, but it is not automatic. Only a solicitor experienced in drink-driving cases can present persuasive submissions to have time already spent off the road considered.
Penalties for a Mid-Range PCA Conviction
The penalties for mid-range drink driving vary depending on whether it is your first offence or you have a prior conviction within five years.
| Offence Type | Maximum Fine | Disqualification Period | Interlock Period | Possible Jail Term |
| First Offence | $2,200 | 6–12 months (automatic 12) | 12 months | Up to 9 months |
| Second or Subsequent | $3,300 | 12–36 months (automatic 3 years) | 24 months | Up to 12 months |
In addition to these penalties, the court may impose a Community Corrections Order (CCO) or require participation in a Traffic Offender Intervention Program. The magistrate will consider factors such as:
- Your blood alcohol level
- Whether there was a crash or passengers
- Your driving history
- Your cooperation with police
- Any early guilty plea
Can You Appeal an Immediate Suspension?
Yes, but it must be done within 28 days of receiving the suspension notice.
When lodging an appeal, the Local Court considers:
- The seriousness of the offence and your BAC reading
- Your driving record
- The hardship caused by losing your licence
- The likelihood of reoffending
A well-prepared appeal includes documents showing employment dependency, family or medical care obligations, and proof of good behaviour. At Golottas Solicitors, our traffic lawyers in Western Sydney prepare detailed affidavits and submissions to demonstrate exceptional circumstances and give you the strongest chance of success.
The Alcohol Interlock Program Explained
Most mid-range PCA convictions now include a mandatory interlock order. This allows you to drive again sooner under strict monitoring.
How It Works
An interlock device is fitted to your car’s ignition. Before starting the vehicle, you must blow into the device to confirm a zero BAC. Random breath samples may be required while driving.
| Requirement | Details |
| Installation Cost | Approx. $2,000 per year (installation + servicing) |
| Monitoring | Results sent electronically to Transport for NSW |
| Duration | 12 months (first offence) or 24 months (subsequent) |
| Violations | Failed or missed tests can extend the period |
| Purpose | Allows monitored driving and prevents reoffending |
At Golottas Solicitors, we regularly assist clients in applying for interlock licences, explaining the process, and ensuring they understand the compliance requirements to avoid breaches.
How the Court Decides Your Sentence
The magistrate’s role is to balance community safety with fairness to the offender. Factors considered include:
- The level of intoxication (your BAC)
- Circumstances of driving (time, location, passengers)
- Any accident, injuries, or damage caused
- Your prior driving and criminal history
- Personal hardship from losing your licence
- Character references and rehabilitation steps
Well-prepared cases, supported by Traffic Offender Program certificates, letters from employers, and evidence of remorse, generally achieve lighter penalties and shorter disqualification periods.
Section 10 and Conditional Release Orders
If your case involves exceptional circumstances, the court can consider a Section 10 dismissal or a Conditional Release Order without conviction under the Crimes (Sentencing Procedure) Act 1999 (NSW).
Example: Section 10 Dismissal
If granted, you avoid a criminal conviction and keep your licence. However, the court must be convinced that you are of good character, genuinely remorseful, and unlikely to reoffend.
Golottas Solicitors regularly prepares Section 10 applications for first-time offenders who demonstrate strong community ties and a clean driving history.
Preparing for Court: What You Should Do
The difference between a harsh outcome and a manageable one often comes down to preparation.
| Step | Why It Matters |
| Engage a lawyer early | Ensures deadlines are met and the right evidence is gathered |
| Complete a Traffic Offender Program | Shows rehabilitation and insight |
| Collect character references | Demonstrates community support and good standing |
| Prepare a written apology | Expresses genuine remorse to the court |
| Organise employment evidence | Proves hardship if disqualified |
At Golottas Solicitors, we help clients prepare a complete sentencing bundle, including references, certificates, and supporting letters, that clearly communicates your circumstances to the magistrate.
Possible Defences to a Drink-Driving Charge
While most mid-range PCA cases proceed on a plea of guilty, some can be defended if procedural or factual issues arise. Common defences include:
| Defence Type | Explanation |
| Improper breath test procedure | The device wasn’t calibrated correctly or used within two hours of driving |
| Incorrect identity | Uncertainty about who was driving the vehicle |
| Post-driving consumption | Alcohol was consumed after driving but before testing |
| Medical conditions | Conditions like reflux may affect readings |
Defences must be supported by evidence and expert testimony. Golottas Solicitors will analyse the police brief carefully to identify any technical or procedural grounds for dismissal or reduction of the charge.
Common Questions About Mid-Range Drink-Driving in NSW
- How long will my licence be suspended for?
For mid-range PCA, disqualification lasts between 6 months and 3 years depending on your history. - Can I get a work licence?
NSW does not offer restricted or hardship licences. However, your solicitor can seek reduced disqualification or an interlock order so you can return to driving sooner. - What happens if I breach my interlock conditions?
Failed breath tests, tampering, or missed servicing appointments are reported to Transport for NSW and may extend the interlock period. - Will a conviction affect my job?
Yes, certain employers, professional licences, and insurance providers may be affected. That is why seeking legal advice early is crucial. - Can Golottas Solicitors appear in my local court?
Absolutely. Our solicitors regularly represent clients in Parramatta, Penrith, Liverpool, Campbelltown, and Blacktown Local Courts, ensuring local familiarity and effective advocacy.
Why Choose Golottas Solicitors
Choosing an experienced drink-driving lawyer in Western Sydney can make the difference between a severe penalty and a manageable one.
At Golottas Solicitors, we:
- Analyse every aspect of the police evidence and test procedure
- Prepare detailed submissions and supporting evidence
- Represent clients confidently before local magistrates
- Assist with interlock program applications and compliance
- Handle licence suspension appeals, and criminal law matters across NSW
Our team provides honest advice, transparent communication, and compassionate guidance through a process that can feel overwhelming.
| Key Issue | Practical Advice |
| Mid-range PCA means 0.08–0.149 BAC | Always prepare for a mandatory court appearance |
| Police suspension is immediate | You cannot drive until the court decides or appeal succeeds |
| Courts consider both punishment and rehabilitation | Traffic Offender Program and references can reduce penalties |
| Interlock helps you drive sooner | But requires strict compliance and regular reporting |
| Legal representation matters | Golottas Solicitors can help reduce disqualification and protect your record |
Conclusion
A mid-range PCA charge is serious, but it doesn’t have to destroy your future. With the right legal strategy, preparation, and representation, it’s possible to minimise penalties and get back on the road sooner.
If you’ve been charged with drink driving in Western Sydney, contact Golottas Solicitors for immediate, confidential advice. Our experienced criminal and traffic lawyers will guide you through every stage, from preparing your defence to negotiating in court and assisting with interlock requirements.
Visit our Drink Driving, Traffic Offences, or Criminal Law pages to learn more, or call us today to book a consultation with one of our experienced solicitors.
