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The general prescribed limit is 0.05 grams of alcohol per 100 mL of blood.
A special limit of 0.02 grams per 100 mL applies to drivers of:
The limit for learner drivers and drivers holding provisional licences is zero.
Blood alcohol concentrations are described as special, low, medium and high, with each range carrying a higher penalty.
Offence | Range |
Novice Range PCA | 0.00 - 0.02 |
Special Range PCA | 0.02 - 0.05 |
Low Range PCA | 0.05 - 0.08 |
Mid Range PCA | 0.08 - 0.15 |
High Range PCA | 0.15 an above |
Police have the power to require anyone driving or attempting to drive a motor vehicle to undergo a breath test (Road Transport (Safety and Traffic Management) Act s.13). The test normally involves the police taking a sample of the driver’s breath using a device known as a Lyons Alcolmeter SD2.
Penalties for PCA offences vary depending on which range offence was committed. Obviously Low range offences carry a lesser penalty compared to a High range offence. Each penalty may also have an automatic disqualification period which applies to the offender.
PCA offence | Penalties | First Offence | Second or subsequent offence |
High range PCA OR Refuse a breath analysis, hinder or obstruct taking of a blood sample, wilfully alter the concentration in the blood. | Maximum court- imposed fine | $3,300 | $5,500 |
Maximum gaol term | 18 months | 2 years | |
Disqualification | |||
-minimum | 12 months | 2 years | |
-maximum | Unlimited | Unlimited | |
-automatic* | 3 years | 5 years | |
Immediate licence suspension | Yes | Yes | |
Mid range PCA (Blood alcohol concentration of 0.08 to less than 0.15) | Maximum court- imposed fine | $2,200 | $3,300 |
Maximum gaol term | 9 months | 12 months | |
Disqualification | |||
-minimum | 6 months | 12 months | |
-maximum | Unlimited | Unlimited | |
-automatic* | 12 months | 3 years | |
Immediate licence suspension | Yes | Yes | |
Low range PCA OR Novice range PCA OR Special range PCA | Maximum court- imposed fine | $1,100 | $2,200 |
Maximum gaol term | N/a | N/a | |
Disqualification | |||
-minimum | 3 months | 6 months | |
-maximum | 6 months | Unlimited | |
-automatic* | 6 months | 12 months | |
Immediate licence suspension | No | No |
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.