Skip to content
  • +61 3 8644 7320
  • Email
  • Phone 7am to 12 Midnight - 7 days
  • Make a Booking
  • 中文
  • Locations
  • Contact
Search
Close
  • +61 3 8644 7320
  • Phone 7am to 12am - 7 days
  • 中文
Search
Close
  • 中文
Search
Close
  • +61 3 8644 7320
  • Phone 7am to Midnight - 7 days

Phone Appointments and Video Conferences Available

IMPORTANT COVID-19 COURT NEWS UPDATE

Dribbin & Brown Criminal Lawyers
  • Legal Services
  • Our Lawyers
  • Criminal Defences
  • The System
  • Sentences
  • Blog
  • Locations
  • Contact
Menu
  • Legal Services
  • Our Lawyers
  • Criminal Defences
  • The System
  • Sentences
  • Blog
  • Locations
  • Contact

s49(1)(b) Exceed the Prescribed Concentration of Alcohol (PCA)

PCA Charge

Dribbin & Brown Traffic Lawyers regularly represent clients charged with drink driving offences including ExPCA charges. We have multiple offices around Melbourne and Geelong. Our Melbourne drink driving lawyers represent clients charged with drink driving offences most days of the week. Our offices are all in close proximity to the local Magistrates’ Court meaning our lawyers are familiar with the magistrates, prosecutors and court staff, so they know how to get the job done.

It should be noted that this charge, being section 49(1)(b) of the Road Safety Act 1986 (RSA) is often paired with s49(1)(f) of the RSA. It is important to understand that this doesn’t mean that you have to accept both charges, as one of the charges will always be considered an alternative.

There are a number of issues to consider if you have been charged with this offence.

  • How many charges are listed?
  • Did you drive or were you in control of a motor vehicle with over the permissible prescribed amount of alcohol in your system?
  • What was your blood alcohol concentration (BAC), as this will influence the severity of the penalty.
  • What were the circumstances?
  • Did you ask for a blood test which was refused?
  • Do you have similar driving history in the past?

It is an offence against the Road Safety Act 1986 (RSA) section 49(1)(b) to drive a motor vehicle or be in charge of a motor vehicle while the prescribed concentration of alcohol (PCA) or more than the prescribed concentration of alcohol is present in their blood or breath analysis.

There are procedural requirements that must be satisfied by the police when conducting a preliminary breath test, evidentiary breath test, or blood sample. These include:

  • using an approved breath analysing instrument
  • confirming 15 minutes has passed since your last drink
  • providing you with a signed certificate indicating your BAC
  • guaranteeing a registered medical practitioner takes your blood
  • ensuring a qualified or approved specialist analyse your blood within 12 months of the sample being taken

Any failure in the above procedural requirements can result in evidence of your BAC being inadmissible, making it difficult for the police to show you are guilty.

Please read below for more information relating to this charge or click on this PDF document that has the relevant parts of the legislation in relation to this ExPCA charge highlighted.

The offence

 Section 49(1)(b) of the Road Safety Act 1986.

The prosecution must prove that:

  1. The defendant was driving or in charge of a motor vehicle
  2. The defendant had a BAC (Blood alcohol concentration) at or above the prescribed level.

The definition of “prescribed concentration of alcohol” is found in s 3(1) RSA, it is:

  • a concentration of alcohol present in the blood of a person of 0·05 grams per 100 millilitres of blood; or
  • a concentration of alcohol present in the breath of a person of 0·05 grams per 210 litres of exhaled air.

Any more than the above limits is considered exceeding the PCA or ExPCA as it is commonly known.

The penalty

If found guilty of an Offence Involving Alcohol or Other Drugs: exceeding the prescribed concentration of alcohol the maximum penalties are –

  1. For a first offence;
    • a fine of 20 penalty units.
  2. For a second offence:
    • Where BAC is less than 0.15 a fine of 60 penalty units or a term of imprisonment of 6 months.
    • Where BAC is 0.15 or more a fine of 120 penalty units and imprisonment for a term of 12 months
  3. For a third or subsequent offence:
    • Where BAC is less than 0.15: a fine of 120 penalty units and imprisonment for a term of 12 months.
    • Where BAC is 0.15 or more a fine of 180 penalty units and imprisonment for a term of 18 months.

Further, pursuant to section 50(1A), if a person is convicted or found guilty of an offence against section 49(1)(b) for Exceeding PCA, the court must disqualify that person’s driver licence or learner permit, and disqualify them from driving for a minimum period as set in Schedule 1 of the RSA. Schedule 1 outlines the disqualification periods for exceeding the PCA on a first or subsequent offence. The periods are between 3 – 48 months, but the time off the road can exceed these amounts, these are just the mandatory minimums.

If found to be driving under the influence of alcohol or other drugs you may be required to undergo a behavioural change program. Participation in these programs in determined by VicRoads.

Where will my case be heard?

Driving Offences Involving Alcohol or other Drugs: Exceed PCA cases will be heard will be heard in the Magistrates Court.

Questions to consider

  • Do you have a defence?
  • Had it been longer than three hours since you last drove a motor vehicle?
  • If you are pleading guilty, what can you do to minimise your sentence?

What to do next?

Contact Dribbin & Brown Criminal Lawyers, specialists in drink driving matters.

Preparation is always important to ensure that your case is put in the absolute best light. The best way to ensure you are adequately prepared is to engage our office.

If you have been charged with exceeding the prescribed concentration of alcohol in contravention of s 49(1)(b) of the RSA and if your driver’s licence is important to you, don’t go to court unrepresented. Consider how much it will cost you to be disqualified from driving for months or years. If you have previously committed an offence of driving under the influence of drugs or alcohol the penalties will be more severe, you may receive a term of imprisonment along with fines and license disqualification.

For the purposes of disqualification, section 50AA of the RSA deems driving offences for which you were convicted over 10 years ago not to be a prior offence. However, it is still at a Magistrates’ discretion to disqualify you from driving for longer than the mandatory minimum.

The police and the courts take driving offences very seriously to avoid severe penalties you need to be represented; Dribbin & Brown Lawyers are experienced in handling these types of matters. We regularly appear in court to represent people charged with driving offences. If you have been charged, call our office today. 

Drink Driving Charges

Road Safety Act 1986

s49(1)(a) DUI (Driving Under the Influence)

s49(1)(b) Exceed the Prescribed Concentration of Alcohol (PCA)

s49(1)(bc) Drive with Prescribed Concentration of Drug and Alcohol

s49(1)(c) Refusing to Undergo a Preliminary Breath Test

s49(1)(d)Refuse or Fail to Comply with a Request or Signal to Stop

s49(1)(e) Refusing to comply with Directions made by Police to Regarding Breath Analysis

s49(1)(f) Exceeding the PCA within 3 Hours of Driving or being in Charge of a Motor Vehicle

s49(1)(g) Exceed the Prescribed Concentration of Alcohol (Blood Analysis) within 3 Hours of Driving or being in Charge of a Motor Vehicle? 

s49(1)(j) ExPCA (Blood Analysis) of alcohol and drugs within 3 Hours of Driving of being in Charge of a Motor Vehicle

s49B Consume Intoxicating Liquor While Driving

s49C Consuming Intoxicating Liquor While Supervising a Learner Driver

s84 Motor Vehicle Impoundment / Forfeiture by Police

s85 Appeal Immediate Licence Suspension

Related Offences

  • View Drug Driving Offences
  • View Driving Offences

Case Studies

Application for rehearing

Dangerous Driving

Drink & Drug Driving Charges

Drink Driving Charges Ringwood Magistrates Court

Drink Driving Offences – Penalties

Driving Charges Without Conviction

Driving Offences – Careless Driving

Driving Offences – Driving Whilst Suspended

Driving Whilst Suspended – Frankston

Impoundment Exceptional Hardship

Licence Restoration

Reckless Conduct Endanger Serious Injury

Our Legal Services

Appeals

Assault Offences

Asset Confiscation

Bail Application

Breach Offences

Centrelink Fraud

Children’s Court

Computer Offences

Council Charges

Drink Driving

Driving Offences

Drug Offences

Family Violence

Firearm Offences

Fraud Offences

Infringement Warrants

Intervention Orders

Murder Trials

Perjury Charges

Pervert the Course of Justice

Royal Commission

RSPCA Offences

Sex Offences

Theft

Traffic Offences

Violence

Weapons

White Collar Crime

  • Law Institute Accredited Specialist Criminal Lawyers
  • Legal Aid enquiries welcome
  • Over 100 years firm experience practising as traffic lawyers and criminal defence lawyers
specialist criminal solicitor warning
Do not ask any firm to act on your behalf in relation to a criminal or traffic law offence unless they specialise in criminal or traffic law.
  • Law Institute Accredited Specialist Criminal Lawyers
  • Legal Aid enquiries welcome
  • Over 100 years firm experience practising as traffic lawyers and criminal defence lawyers
specialist criminal solicitor warning
Do not ask any firm to act on your behalf in relation to a criminal or traffic law offence unless they specialise in criminal or traffic law.

What Our Clients Say

Michael S
Dear Rebeca, Thank you again for your support and guidance over the past six months, it is my belief that Dribbin and Brown went far beyond there charter when...
Russell P
Dear David and Team I would like to “Thank You” for a job well done. The result, from the trial was truly amazing. I very much appreciated your courtesy, professionalism...
Ross M
Dear Dave, Just a follow up thanks for your professional service & presentation yesterday – very happy with the outcome and the comments from the Magistrate. Thanks again, and...
Adrian W
A big thank you Dave. You made it seamless. You are a quality egg and hopefully I'll see you again under different circumstances. All the best!
Grant B
I phoned Michael Brown of Dribbin and Brown after total disappointment in another criminal lawyer firm... In my situation that required communication, information and a great deal of understanding,...
…
Mike! Jacqui was great! Re my drive whist suspended charge, I held my license with a small fine to be payed in 4 months! Can't thank you enough! Thanks for...
Sam B
Thank you for your outstanding service.... A great result for us...
Helen and Lingbo Yang
Thank you for your support and help of Lingbo’s case for these days and everything is going smoothly. The outcome is better than we expected because of your rich...
Maria
Many thanks for the wonderful support I received from David Dribbin as he represented me in court today. It was an extremely emotional experience for me and without judgement...
Haley M
We cannot thank you enough, it still doesn't feel real to us yet as it has caused a lot of strain and stress over a very long period of...
Yvonne and Peter Braithwaite
Thanks for your excellent work for Yvonne last Friday. Your courtesy, empathy and professionalism was greatly appreciated. All the best for the future.

Need help? Call our 7am to Midnight Phone Service on +61 (03) 8644 7320

Dribbin & Brown Criminal Solicitors Melbourne

Facebook-f Twitter

© 2021 Dribbin & Brown

Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

Dribbin & Brown

  • About Us
  • What We Do
  • The System
  • Criminal Defences
  • Sentences
  • Criminal Lawyers Blog
  • Client Testimonials

Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

© 2021 Dribbin & Brown

Facebook-f Twitter

Dribbin & Brown

  • About Us
  • What We Do
  • The System
  • Criminal Defences
  • Sentences
  • Criminal Lawyers Blog
  • Client Testimonials

7am to Midnight Phone Service: +61 (03) 8644 7320  Contact Us | Book An Appointment

Privacy Policy | Disclaimer | Traffic Lawyers Melbourne

7am to 12am Phone Service: +61 (03) 8644 7320
Contact Us | Book An Appointment
Privacy Policy | Disclaimer | Traffic Lawyers Melbourne