If you have been charged with mid range drink driving in NSW, the question on your mind right now is probably: can I avoid a criminal conviction and keep my licence? The short answer is yes, it is possible. The Court can dismiss your charge under Section 10 of the Crimes (Sentencing Procedure) Act 1999, which means no conviction on your record, no licence disqualification, and no fine. But getting a Section 10 for a mid range PCA charge is not easy, and it takes serious preparation.
As a drink driving lawyer who appears daily at Parramatta Local Court and courts across Western Sydney, I have successfully obtained Section 10 dismissals for mid range drink driving clients on many occasions. In this guide, I will walk you through exactly what you need to do to give yourself the best chance.
1. What Is Mid Range Drink Driving?
Mid range drink driving, also called mid range PCA, is an offence under Section 110(4) of the Road Transport Act 2013 (NSW). You commit this offence when you drive a motor vehicle on a public road with a blood alcohol concentration between 0.080 and 0.149.
The prescribed concentration of alcohol ranges in NSW break down like this:
| PCA Range | BAC Level | Legislation |
|---|---|---|
| Novice Range | Above 0.00 (learner/provisional drivers) | Section 110(1) |
| Special Range | 0.020 to 0.049 | Section 110(2) |
| Low Range | 0.050 to 0.079 | Section 110(3) |
| Mid Range | 0.080 to 0.149 | Section 110(4) |
| High Range | 0.150 and above | Section 110(5) |
Most people charged with mid range PCA are picked up at a random breath test. After the roadside test returns a positive reading, police will take you to a police station for a formal breath analysis. That reading is what determines which PCA range you fall into.
Mid range is treated far more seriously than low range drink driving. Courts view it as a significant risk to public safety, and the penalties reflect that.
2. Penalties You Face for Mid Range PCA
If you are convicted of mid range drink driving, the penalties depend on whether this is your first offence or a repeat offence. The NSW Government outlines these penalties as follows:
| Penalty | First Offence | Second or Subsequent |
|---|---|---|
| Maximum Fine | $2,200 (20 penalty units) | $3,300 (30 penalty units) |
| Maximum Imprisonment | 9 months | 12 months |
| Automatic Disqualification | 12 months | 3 years |
| Minimum Disqualification | 6 months | 12 months |
| Mandatory Interlock Period | 12 months | 24 months |
| Interlock Disqualification | 3 to 6 months | 6 to 9 months |
| Criminal Record | Yes (if convicted) | Yes (if convicted) |
These penalties are serious. A conviction means a criminal record that shows up on police checks, which can affect your job, travel plans, and ability to work in certain industries. The licence disqualification can destroy your ability to earn a living if you need to drive for work. That is why getting a Section 10 dismissal matters so much.
3. What Is a Section 10 Dismissal?
A Section 10 dismissal is an order made by the Court under Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). Even though the Court finds you guilty of the offence, it dismisses the charge without recording a conviction against you.
There are two types of Section 10 outcomes:
Section 10(1)(a) Dismissal: The Court dismisses the charge outright. No conviction, no fine, no bond, no conditions. The charge is dismissed and that is the end of it.
Section 10(1)(b) Conditional Release Order without conviction: The Court dismisses the charge but places you on a Conditional Release Order for up to two years. You must not commit any offences during that period. If you breach the order, the Court can re-sentence you for the original drink driving charge.
This is the best possible outcome for a mid range drink driving charge. It is not common for mid range PCA, which makes the preparation work even more critical. Most people who receive a Section 10 for mid range PCA have been represented by an experienced traffic lawyer who knew exactly how to present their case.
4. Can You Get a Section 10 for Mid Range Drink Driving?
Yes, but it is difficult. Mid range PCA is a serious traffic offence, and courts do not hand out Section 10 dismissals lightly at this level.
Your chances improve significantly if:
- This is your first drink driving offence and your first criminal offence
- Your BAC reading was at the lower end of mid range (closer to 0.080 than 0.149)
- You have a long, clean driving record with no prior traffic offences
- You can show real hardship if you lose your licence (you need it for work, caring responsibilities, or medical appointments)
- You have strong character references from employers, community members, and people who know you well
- You have completed the Traffic Offenders Intervention Program before your court date
- You can demonstrate genuine remorse and steps you have taken since the offence
- You have not received a Section 10 for any drink driving or drug driving offence in the past 5 years
The closer your reading sits to 0.080, the better your prospects. A reading of 0.082 carries very different weight to a reading of 0.140. Both are mid range PCA, but courts treat them differently when it comes to sentencing.
5. Seven Steps to Getting a Section 10 for Mid Range PCA
Based on the cases I have handled at Parramatta Local Court, Blacktown, Penrith, and other Western Sydney courts, these are the steps that give you the strongest chance:
- Get a drink driving lawyer early. Do not wait until the week before court. The earlier you engage a drink driving lawyer, the more time there is to prepare your case properly. A lawyer who appears regularly at your court will know the magistrate’s sentencing practices and what type of material works best.
- Complete the Traffic Offenders Intervention Program. This is a structured course that educates drivers about the risks and consequences of drink driving. Completing it before your court date shows the magistrate you have taken real steps to address your behaviour. It is one of the single most valuable things you can do. Your lawyer can advise on accredited programs in your area.
- Gather strong character references. You need 3 to 5 references from people who know you well and can speak to your good character. The best references come from employers, long-term friends, community leaders, religious figures, and colleagues. Each reference should be addressed to the presiding magistrate, confirm how long the person has known you, describe your character, explain that this behaviour is out of character, and confirm their awareness of the charge. Your lawyer will guide your referees on what to include.
- Prepare evidence of hardship. If losing your licence would cause you to lose your job, this needs to be documented. Get a letter from your employer confirming that you need a licence for your role and that your employment would be at risk without it. If you are the sole income earner for your family, or if you drive elderly parents to medical appointments, or if you live in an area without public transport, all of this needs to be put before the Court.
- Write a letter of apology to the Court. This is your chance to explain what happened in your own words, take full responsibility, express genuine remorse, and outline the steps you have taken since the offence. Do not make excuses. Courts respond well to honesty and accountability. Your lawyer will review and refine this letter before it is submitted.
- Consider counselling or alcohol education. Attending sessions with a psychologist or counsellor who specialises in alcohol-related behaviour shows the Court you are serious about change. A report from the counsellor confirming your attendance and their assessment of your risk level adds significant weight to your case.
- Have your lawyer prepare detailed sentencing submissions. Everything above needs to come together in a structured, persuasive submission to the magistrate. This is where experience matters. Your lawyer needs to present your clean driving history, your character references, the hardship evidence, the Traffic Offenders Program certificate, your apology letter, and any counselling reports in a way that builds a compelling argument for why a Section 10 is appropriate in your case.
6. What the Court Considers When Deciding a Section 10
Under Section 10(3) of the Crimes (Sentencing Procedure) Act, the Court must consider these factors when deciding whether to dismiss a charge without conviction:
The person’s character, antecedents, age, health, and mental condition. A long clean record with no prior offences is very strong here. Your age and personal circumstances are relevant. If you have a mental health condition that contributed to the offence, a mental health application under Section 14 may be worth considering as an alternative.
Whether the offence is trivial in nature. Mid range PCA is not considered trivial, so this factor usually works against you. A reading at the very bottom of mid range (0.080 to 0.090) gives you a better argument here than a reading near the top.
The extenuating circumstances in which the offence was committed. Was there an unusual reason you were driving? Did you honestly believe you were under the limit? Were you dealing with a family emergency? The context matters.
Any other matter that the Court thinks proper to consider. This is where hardship evidence, character references, employment consequences, and your rehabilitation efforts all come into play. This is the factor your lawyer will focus on most heavily in submissions.
7. Mandatory Interlock Orders and Exemptions
Mid range PCA is classified as a “mandatory interlock offence” under Section 209 of the Road Transport Act 2013. This means that if you are convicted, the Court must make a mandatory interlock order.
An interlock device is a breathalyser fitted to your vehicle. You blow into it before the car will start. If alcohol is detected, the vehicle will not start. The device also requires random retests while you are driving.
For a first mid range PCA offence, the mandatory interlock period is 12 months. For a second or subsequent offence, it is 24 months. The cost of installation and monitoring runs approximately $2,200 to $2,500 per year, and you pay this yourself.
If you get a Section 10, no interlock order is imposed. That is because there is no conviction, and the interlock order only applies following a conviction.
If you are convicted but want an exemption from the interlock, Section 212 of the Road Transport Act sets out limited grounds. For a first mid range offence, you must prove that the interlock order would cause you severe hardship and that granting an exemption is appropriate in all the circumstances. For more information about licence matters, speak with your lawyer about your specific situation.
8. The 5-Year Rule: Section 203 Restriction
This catches a lot of people off guard. Section 203 of the Road Transport Act 2013 says that you can only receive one Section 10 dismissal or Conditional Release Order without conviction for certain driving offences within a 5-year period.
The offences covered by this restriction include:
- Any drink driving offence (novice, special, low, mid, or high range PCA)
- Drug driving (driving with an illicit drug present)
- Driving under the influence of alcohol or any other drug
- Refusing or failing to provide a breath or blood sample
- Menacing driving
If you received a Section 10 for any of these offences in the last 5 years, the Court is legally unable to give you another one. This is a hard rule with no exceptions. Your lawyer should check your full criminal and traffic history before advising on whether a Section 10 is available to you.
9. Possible Defences to Mid Range PCA
Before you plead guilty and aim for a Section 10, your lawyer should check whether you have a defence to the charge. If the charge can be beaten, that is even better than a Section 10 because there is no finding of guilt at all.
Defences that can apply to mid range drink driving include:
The breath analysis was not conducted within 2 hours of driving. Under the Road Transport Act, police must complete the breath analysis within 2 hours of when you were driving. If they did not meet this deadline, the reading may not be admissible.
You were not the driver. The prosecution must prove beyond reasonable doubt that you were the person driving the vehicle. If there is any uncertainty about who was driving, this is a valid defence.
The breath analysis device was not properly calibrated or operated. Police must follow strict procedures when operating the breath analysis machine. Any failure to follow these procedures can affect the reliability of the reading.
The “home safe” rule. Police cannot require you to submit to a breath test if you are at your home. This includes any part of your residential property. If police followed you home and tested you in your driveway, the test may be invalid.
Honest and reasonable mistake of fact. In limited circumstances, if you honestly and reasonably believed you were under the limit (for example, you waited several hours after drinking and consumed food and water), this may be a defence. It is difficult to prove, and your lawyer will advise whether it applies to your facts.
If none of these defences apply, the next best option is a guilty plea with a strong push for a Section 10 dismissal.
10. Real Case: Section 10 for Mid Range PCA at Parramatta Local Court
Client: 35-year-old electrician from Castle Hill. Clean driving record for 18 years. Sole income earner supporting a family of four including a child with a disability.
Charge: Mid range PCA (0.095 BAC) detected at a Parramatta RBT checkpoint. First drink driving offence.
What he faced: Automatic 6-month licence disqualification, minimum $1,100 fine, criminal conviction on his record, mandatory interlock order, and loss of his $85,000/year employment because his job required a licence.
What we did: Gathered five character references from his employer, parish priest, and long-term family friends. Demonstrated the severe financial hardship his family would face if his licence was lost. He would lose his job and the family risked losing their home. He completed the Traffic Offenders Program before court. We prepared detailed submissions highlighting his 18-year clean driving history, single lapse in judgment after a family celebration, his deep family responsibilities, and strong ties to the Hills District community.
Result: Section 10 dismissal granted by the Parramatta magistrate. No conviction recorded, no disqualification, no fine, no interlock. He kept his licence and his job.
This case is a good example of what is possible when the preparation is done properly. The client’s reading of 0.095 was in the lower half of mid range, he had an outstanding driving record, the hardship was genuine and well-documented, and the character references were strong. Every piece of the puzzle was in place before we walked into court.
11. Common Mistakes That Ruin Your Chances of a Section 10
Turning up to court without a lawyer. Self-represented defendants almost never receive a Section 10 for mid range PCA. You need someone who knows how to present sentencing submissions, what material the magistrate needs to see, and how to frame the argument effectively.
Not completing the Traffic Offenders Program. This is one of the most straightforward things you can do to improve your outcome, and too many people skip it. Magistrates notice when it has been done, and they notice when it has not.
Weak or generic character references. A one-paragraph reference from someone who barely knows you is almost worthless. References need to be specific, personal, and address your character directly. Your lawyer should guide each referee on what to include.
Making excuses instead of taking responsibility. Blaming the bar for serving you too many drinks, or saying you “felt fine to drive,” does not help. Courts want to see someone who accepts what they did was wrong and has taken steps to make sure it does not happen again.
Waiting until the last minute. If you contact a lawyer the day before court, there is no time to prepare character references, complete the Traffic Offenders Program, attend counselling, or build a proper submission. Start early.
Having a prior Section 10 within 5 years. If you already received a Section 10 for a drink driving, drug driving, or DUI offence in the last 5 years, the Court cannot give you another one. Your lawyer needs to know this upfront so they can set realistic expectations and focus on the best available alternative.
12. Frequently Asked Questions
Will I go to jail for mid range drink driving?
Jail is possible but not common for a first mid range PCA offence. The maximum is 9 months imprisonment. Courts are more likely to consider jail if you have prior drink driving convictions, were involved in an accident, had passengers in the car, or were driving recklessly at the time. For a first offence with no aggravating factors, the focus is usually on fines, disqualification, and the interlock program. Getting proper legal representation from a criminal lawyer significantly reduces this risk.
How long will I lose my licence for mid range PCA?
If convicted of a first offence, the automatic disqualification is 12 months. The Court can reduce this to a minimum of 6 months. If you receive a Section 10 dismissal, there is no disqualification at all. For second or subsequent offences, the automatic disqualification is 3 years, with a minimum of 12 months. If you have already lost your licence and want to challenge it, read about licence appeals.
Does mid range drink driving show on a criminal record?
Yes, if you are convicted. A mid range PCA conviction will appear on your criminal record and show up on police checks. This can affect employment applications, security clearances, working with children checks, and visa applications for overseas travel. If you receive a Section 10 dismissal, no conviction is recorded and it will not appear on your criminal record.
Can I drive while waiting for my court date?
No. When police charge you with mid range PCA, they issue an immediate licence suspension notice. This means you cannot drive from that point until the matter is dealt with in court. If you are caught driving while suspended, you will face additional charges for driving whilst suspended or disqualified, which carries its own serious penalties and will make getting a Section 10 for the drink driving charge much harder.
What is the Traffic Offenders Intervention Program?
The Traffic Offenders Intervention Program (TOIP) is a structured educational course for people who have committed traffic offences. It covers the impact of drink driving on individuals and the community, the risks of impaired driving, and strategies for avoiding future offences. The program is typically delivered over several sessions. Completing it before your court date demonstrates to the magistrate that you are taking the offence seriously and working on rehabilitation. Courts across NSW give real weight to TOIP completion when considering sentencing options.
How much does a drink driving lawyer cost?
At Barsha Defence Lawyers, we offer transparent fixed fees for drink driving matters so you know exactly what you will pay from the start. A guilty plea in Local Court for a drink driving charge typically falls within $1,500 to $3,000 depending on the complexity of the matter. Given that the cost of a conviction (licence loss, interlock device at $2,200+/year, potential job loss, criminal record) far outweighs the legal fees, investing in proper representation makes financial sense. We offer a free initial consultation to discuss your case.
Can I get Legal Aid for a mid range drink driving charge?
Legal Aid NSW generally does not fund representation for drink driving matters in the Local Court, as they are classified as summary offences. Legal Aid funding is reserved for more serious indictable matters and defendants who meet strict means and merit tests. If you are on a limited budget, some private firms including Barsha Defence Lawyers offer affordable fixed fees and payment plans to make quality representation accessible.
What if my reading was right on 0.080?
A reading at the very bottom of mid range gives you a stronger argument for a Section 10. Courts recognise that the difference between 0.079 (low range) and 0.080 (mid range) is extremely slim, and a reading at this level is far less serious than a reading of 0.140. Your lawyer can use the proximity to the low range threshold as part of your sentencing submissions. In some cases, it may even be possible to negotiate with the prosecutor for the charge to be reduced to low range PCA.
13. Get Help From a Drink Driving Lawyer
If you have been charged with mid range drink driving and you want the best chance at a Section 10, the most important thing you can do right now is speak with an experienced drink driving lawyer. The earlier you start preparing, the stronger your case will be when you walk into court.
At Barsha Defence Lawyers, I handle drink driving matters at Parramatta Local Court, Blacktown, Penrith, Castle Hill, and courts across Western Sydney every week. I know what magistrates in these courts are looking for, and I know how to prepare the material that gives you the best shot at keeping your licence and your record clean.
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Disclaimer: This article provides general legal information about mid range drink driving charges in NSW. It is not legal advice tailored to your specific circumstances. Every case is different, and outcomes depend on the individual facts. If you have been charged with a drink driving offence, you should seek advice from a qualified criminal lawyer. The information in this article is current as of February 2026. Laws and penalties can change. Always check the NSW Legislation website for the most current version of any Act referenced in this article.