Bankstown Drink Driving Case Study: Mid Range (0.130), First-Time Offender Gets the 3-Month Minimum, Backdated (NSW)

Jurisdiction
New South Wales
Court
Bankstown Local Court
Charges
Mid range PCA (0.130), first offence
Outcome
Guilty plea. 3-month minimum disqualification (backdated), $750 fine, 12-month mandatory interlock.
Filmed
June 2022

Summary

A 52-year-old woman with 35 years of near-clean driving drove home after three large glasses of wine at dinner and blew 0.130. With the Traffic Offenders Program, references and an apology, Bankstown Local Court imposed the 3-month minimum (backdated), a $750 fine and a 12-month interlock.

Key takeaways

  • The reading was 0.130, a first offence, with her husband as a passenger.
  • Police mentioned an orange light, but it was effectively a random breath test.
  • She had six minor infringements in 35 years and no criminal record.
  • She completed the Traffic Offenders Program and provided references and an apology.
  • She received the 3-month minimum (backdated), a $750 fine and a 12-month interlock.

A high mid range reading in south-west Sydney

In this Bankstown drink driving case study, Boorman Lawyers appeared at Bankstown Local Court, in south-west Sydney, on a middle range drink driving offence. The reading was 0.130, which Josh Boorman describes as getting up there in the middle range category.

The client was a 52-year-old woman, originally from Vietnam, who has lived in Bankstown and Sydney for about 35 years. Our lawyer describes her as a well-entrenched member of the community.

What happened

She and her husband went to dinner at a friend’s place in Chester Hill, where she had three glasses of wine. Josh notes they were obviously very large glasses to produce a reading of 0.130. She decided to drive home, a trip of about 10 minutes.

Police mentioned that she went through an orange light, but our lawyer says it was effectively a random breath test, because she was not charged with anything else. She was cooperative with police. Her husband was a passenger in the car.

A good record

Josh says the good thing for her was her traffic history. In 35 years of driving she had six minor traffic infringements, no prior major traffic offences and no criminal record. That showed the court the decision to drive was very out of character, and she could rely on her good record to ask for some leniency.

Preparing for court in this Bankstown drink driving case study

She completed the Traffic Offenders Program, which showed the court her willingness to re-educate herself about driver safety. She also provided references, including one from a family member, and a letter of apology showing genuine remorse.

Our lawyer asked the court to reduce the disqualification to the minimum of three months, to reduce the fine, and to backdate the disqualification to the date of the offence, when she was put off the road.

The outcome

Josh says the magistrate described the submissions as very sensible and pragmatic and agreed with the requests. She received:

  • the 3-month minimum disqualification, backdated;
  • a $750 fine; and
  • the mandatory 12-month interlock program, as the law requires.

Our lawyer says this was the outcome he had told the client he was pushing for, and a very good outcome given how high the reading was and that she had a passenger. It was her first time before a court, and she was very relieved.

What this case shows

A long, clean driving history, a completed traffic program and genuine remorse can all help a court see an offence as out of character. Even so, a mid range reading still brings a mandatory interlock order. 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.

  • Drink driving (PCA) offences: In New South Wales most drink driving charges are “prescribed concentration of alcohol” (PCA) offences under the Road Transport Act 2013 (NSW).
  • The broad penalty picture: As one example, Transport for NSW lists the maximum court-imposed penalty for a first mid range PCA offence as a fine of $2,200 and up to 9 months’ imprisonment (as at October 2026).
  • The Alcohol Interlock Program: A zero alcohol limit applies to all interlock drivers, and a person who receives an interlock order but does not enter the program is disqualified for 5 years.
  • Intervention programs and deferred sentencing: Fines in NSW are expressed in penalty units, and the Sentencing Council notes that a penalty unit is currently $110.
  • 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 Bankstown Local Court, NSW drink driving penalties and the NSW Traffic Offenders Program. Its Sydney site covers drink driving matters across Sydney courts.

On this site, see a Manly mid range case at the same reading and a Liverpool mid range case, 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 Bankstown 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.)

Frequently asked questions

What penalty did the client receive?

The 3-month minimum disqualification, backdated to when she was put off the road, a $750 fine and the mandatory 12-month interlock program.

Did the passenger matter?

Josh describes the outcome as very good given how high the reading was and the fact that she had a passenger in the car.

Why did her record help?

In 35 years of driving she had only six minor traffic infringements and no criminal record, which showed the court the decision to drive was very out of character.

What are the penalties for a first mid range PCA offence in NSW?

As at October 2026, Transport for NSW lists a maximum court-imposed fine of $2,200 and up to 9 months’ imprisonment for a first mid range PCA offence. When an interlock order is made, it lists a disqualification of 3 to 6 months followed by 12 months with an interlock.

What is a mandatory interlock order in NSW?

In general terms, it is an order made on conviction for certain drink driving offences, including mid range, high range and repeat offences. It combines a minimum licence disqualification with a later period (at least 12 months) of driving only a vehicle fitted with an alcohol interlock. Transport for NSW publishes the periods for each offence. This is general information only.

Read the video transcript

Just here at Bankstown Local Court out in south-west Sydney and I've appeared on a middle range drink driving offence the reading was getting up there quite high in the middle range category it was 0.130 the offender was a 52 year old lady who is originally from Vietnam but has lived in Bankstown and Sydney for about 35 years so a well-entrenched member of the community her and her husband went to dinner at Chester Hill, a friend's place, had three glasses of wine these were obviously very large glasses to produce a 0.130 blood alcohol reading

She decided to drive home it was about 10 minutes trip she was pulled over for I guess the police mentioned that she went through an orange light but it was effectively um a random breath test because they didn't um charge her with anything else um she was cooperative with police she obviously had the passenger in the car um and um and uh the good thing for her was she had a very good traffic history before the court 35 years of driving six minor traffic infringements

No prior major traffic offences no criminal antecedent so a good history behind her and it did show the court it was a very out of character decision for her to make so she was able to rely on that good record to request some leniency before the court she did a Traffic Offenders Program so that showed the court of willingness to re-educate herself on driver's safety we've got some references in particular one a family member provided one a letter of apology showed genuine remorse we were asking the court to consider reducing the period of disqualification down to the minimum period of three months

A reduced fine and and for that um disqualification to be backdated to the date of the offence when she was put off the road the magistrate agreed with our what he said very sensible and pragmatic uh submissions to the court and uh he agreed wholly with our requests he did give her the three months minimum that was backdated, a $750 fine and she will as a part of what the law says have to participate in the mandatory alcohol interlock program have that interlock device fitted into her car for a period of 12 months

That that outcome is what I was hoping for that is the outcome that I was um uh telling our client that I was pushing for and that we were hoping for and it is a very good outcome for our client uh given how high the reading was and the fact that she had a passenger in the car as well so those um uh that's the matter from today out of Bankstown Local Court we did have a very happy client she's very relieved first time she's ever been before the court

Felt it was necessary to get a lawyer to take hold of the matter take control help prepare help present in the best way possible and um and it paid off because we we got a very good positive outcome for her today thanks for tuning in.

General information only, based on New South Wales law at the time of filming. Not legal advice — every case turns on its own facts. Past results don't guarantee future outcomes.