Driving while exceeding the prescribed concentration of alcohol s49 (1)(b)
The charge drink driving exceed PCA (1), often referred to as simply a drink driving charge, is an offence frequently heard in the Magistrates Court.
The circumstances of the charge of drink driving are, typically, where a person drives or is in control of a motor vehicle whilst having the prescribed concentration of alcohol or more present in their blood or breath.
To prove the charge of a drink driving exceed PCA (1), the Police or Prosecution need to demonstrate that the accused drove or was in charge of a motor vehicle and that the accused had the prescribed concentration of alcohol or more present in their blood or breath.
Deciding on whether to plead guilty or not guilty is an important decision. An experienced drink driving lawyer can advise you on how to get the best result and minimise the impact on your life, based on your individual circumstances.
Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.
If you have been charged with Exceed PCA, you should call us to discuss your case and your options.
Defending a charge of exceed PCA may entail a dispute of the facts that are being alleged, or the breath analyzing instrument was not used in proper working order or not properly operated.
The legislation for this offence can be found on section 49(1)(b) of the Road Safety Act 1986 as follows:
Road Safety Act 1986 – SECT 49
Offences involving alcohol or other drugs
49. Offences involving alcohol or other drugs
(1) A person is guilty of an offence if he or she-
(b) drives a motor vehicle or is in charge of a motor vehicle while the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her blood or breath;