A serious matter at Burwood
In this Burwood high range drink driving case study, Boorman Lawyers appeared at Burwood Local Court, in Sydney’s inner west, on a high range drink driving offence with a reading of 0.158. Josh Boorman describes it as quite a serious matter.
The aggravating features
There were two significant aggravating features:
- The client failed to stop in time at a set of traffic lights and crashed into the back of a stationary vehicle. No one was hurt, but both vehicles were significantly damaged.
- He had a previous conviction for mid range drink driving in 2019, so this was a second or subsequent offence, which carries increased penalties.
Our lawyer explains that, under the guideline judgment for high range PCA in New South Wales, the client faced a very real risk of a term of imprisonment of some sort.
Something had changed
Before the 2019 offence, the client had an exemplary traffic record and an unblemished criminal record for 22 years, with only one minor traffic infringement. Then, within about 3 years, he had two drink driving offences. Josh says something was clearly going on in his life, and that had to be explained to the court.
In early 2019, the client’s mother died after a long illness with cancer. He had been her primary carer for the 3 years before she died. He had some pre-existing mental health issues, and her death made them worse. He developed a very unhealthy relationship with alcohol, which sent his life into a downward spiral.
Turning things around
The client had sought to turn his life around:
- He was attending Alcoholics Anonymous two to three times a week, and had been for one to two months.
- He was completely abstinent from alcohol.
- He had a counselling session booked at Royal North Shore Hospital for his mental health.
- He completed the Traffic Offenders Program.
The outcome
Our lawyer says the client came very close to a term of imprisonment. Because of his background, the magistrate spared him both full-time custody and an intensive correction order (a term of imprisonment served in the community), and instead imposed:
- a community correction order for 18 months, with supervision by a Community Corrections officer;
- 120 hours of community service;
- a $1,500 fine;
- a 10-month disqualification, backdated to the date of the offence in June 2022; and
- a 48-month interlock period, which Josh notes is a long time, under the mandatory interlock rules.
Our lawyer describes it as a calculated and sound judgement, structured to help the client stay abstinent and get the mental health treatment he needs.
What this Burwood high range drink driving case study shows
A second high range offence with a collision is serious, and Josh says the client came very close to imprisonment. Explaining why the offending happened, and showing real steps towards rehabilitation, can help a court structure a sentence around treatment instead of custody. Here, regular AA attendance, abstinence, booked counselling and the Traffic Offenders Program were all before the court. Our lawyer says the client was very relieved, and believes that if he gets the help he needs, it is very unlikely he will be back before the courts. Every case is different, and outcomes depend on the facts.
Key general information (NSW)
General information only, not legal advice, as at October 2026. Every case turns on its own facts.
- High range drink driving as a repeat offence: For a first high range offence, the listed figures are a maximum fine of $3,300, up to 18 months’ imprisonment, a minimum disqualification of 12 months and an automatic disqualification of 3 years.
- Community correction orders and intensive correction orders: The NSW Sentencing Council explains that a community correction order (CCO) can be imposed instead of a sentence of imprisonment, for up to 3 years.
- Police suspensions and court disqualifications: Transport for NSW explains that police can suspend a licence on the spot for certain offences, including driving with a prescribed concentration of alcohol, driving under the influence of alcohol or drugs, some serious speeding offences and hoon offences.
- The court process: Drink and drug driving charges in NSW are usually dealt with in the Local Court.
Further reading and related videos
Boorman Lawyers has more on appearing at Burwood Local Court, the NSW high range drink driving guideline judgment and NSW alcohol interlock laws. Its Sydney site covers drink driving matters across Sydney courts.
On this site, see a Burwood drug driving case and a Moss Vale third-offence case that ended with a CCO, or browse all NSW and drink driving videos.
For people who are preparing to plead guilty without a lawyer, DIY DUI’s guide to drink and drug driving charges at Burwood covers the local court and plea process. (DIY DUI is a self-help program for people preparing their own guilty plea. It is not legal representation and is not part of Boorman Lawyers.)