Blacktown Next Day Drink Driving Case Study: Mid Range (0.106), Elderly Man Faints at the Wheel, Third Offence Ends With 3 Months (NSW)

Jurisdiction
New South Wales
Court
Blacktown Local Court
Charges
Mid range PCA (0.106), next-day offence with a single-vehicle collision; third drink driving offence (earlier offences in 2008 and 1987)
Outcome
Guilty plea. 3-month disqualification, 12-month mandatory interlock, $700 fine.
Filmed
May 2022

Summary

An elderly man with heart problems slept in his car after a night out, then fainted at the wheel the next morning and crashed on the M4, with a reading of 0.106. Despite two old drink driving priors, Blacktown Local Court imposed 3 months off the road, a 12-month interlock and a $700 fine.

Key takeaways

  • The reading was 0.106 the morning after, following a crash on the M4.
  • He had slept in his car rather than drive straight home after drinking.
  • He fainted at the wheel after missing his heart medication and food.
  • It was his third drink driving offence, although the earlier ones were in 2008 and 1987.
  • He received 3 months, a 12-month interlock and a $700 fine.

A serious accident on the M4

In this Blacktown next day drink driving case study, Boorman Lawyers appeared at Blacktown Local Court for an elderly man charged with a middle range drink driving offence. It happened in December the previous year and involved a serious car accident on the M4 Motorway.

A next-day offence

Our lawyer, Joshua Boorman, describes it as a next-day type of offence. On the night of 19 December, just before Christmas, the client met a friend at a club and had his first drink at about 7.30 pm. Over about five hours he says he had about eight full-strength beers and three scotches.

Just after midnight he decided to leave. To his credit, our lawyer says, he did the right thing: instead of driving home, he slept it off in his car at the premises. It would not have been a comfortable night. He woke at about 7.30 the next morning, a Sunday, and decided to drive home.

Health issues and the crash

The client has had heart problems for a number of years and is medicated for high blood pressure. Because he had not been home, he had not taken his medication, had not eaten, and probably still had alcohol in his system from the night before.

On the way home he felt woozy, lost consciousness and fainted at the wheel. His car veered off the road, hit the guard rail and came to rest on an embankment. It was a single-vehicle accident, he was the only person in the car, and there was little traffic early on a Sunday morning. But the accident was significant: the car was written off, and he spent three days in hospital with facial injuries. His reading after the accident was 0.106.

The case put to the court in this Blacktown next day drink driving case study

Josh explained that the client had tried to do the right thing by sleeping it off rather than driving straight after drinking. He submitted that the accident was caused predominantly by the client’s health issues, more than by his level of impairment.

The client completed the Traffic Offenders Program. He is retired, lives on a part pension and a small amount of superannuation, and lives alone with no partner, children or dependants. He is close to his brother, but has regular doctor’s appointments, so getting around without a licence will be difficult.

A third offence

One factor did not help him. This was his third drink driving offence in his lifetime, although the earlier ones were in 2008 and 1987. Our lawyer notes that they were quite dated, but it was still a third offence, and with the collision it had to be taken into account on sentence.

The outcome

Weighing up the Traffic Offenders Program, his finances, his health and the fact that he had tried to do the right thing, the magistrate agreed to:

  • reduce the disqualification to 3 months;
  • the mandatory 12-month interlock period; and
  • a fine reduced to $700.

Our lawyer says the client had expected more time off the road and was very happy with the outcome, especially for a third offence.

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).
  • How repeat offences are treated: Transport for NSW says drivers convicted of 2 drink driving offences within a 5-year period must pass the Driver Knowledge Test before they can be licensed again.
  • The Alcohol Interlock Program: For a first mid range PCA offence, Transport for NSW lists a disqualification of 3 to 6 months followed by a 12-month interlock period.
  • 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 Blacktown Local Court, NSW drink driving penalties and NSW alcohol interlock laws. Its Sydney site covers drink driving matters across Sydney courts.

On this site, see a Central Local Court fourth-offence case and a Port Macquarie third-offence 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 Blacktown 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?

A 3-month disqualification, the mandatory 12-month interlock period and a fine reduced to $700.

What is a next-day offence?

It is where a person drives the morning after drinking, with alcohol still in their system. Here the client slept in his car and drove home at about 7.30 the next morning.

How did his health affect the case?

Josh submitted that the crash was caused mainly by his health issues, after he missed his heart medication and had not eaten, more than by his level of impairment.

Do old drink driving offences count as a repeat offence in NSW?

Transport for NSW describes a subsequent offence as being charged with the same or a similar offence a person has been convicted of before, and some rules (such as the Driver Knowledge Test requirement) apply to 2 offences within 5 years. How earlier matters are treated in a particular case depends on their details.

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 outside Blacktown Local Court today where I've represented a uh an elderly man a lovely elderly older man who uh was unfortunately caught up into in a middle middle range drink driving offence that occurred in December last year where he was involved in a bit of a serious uh car accident on the M4 Motorway the fact surrounding the matter with this basically it was a next day type of offence because the night prior he gone to the [unclear: 'wendy leagues club' in the captions] at 7.30 pm had his first drink this was just before Christmas in the 19th of December uh met up with a friend over the course of about five hours he says he consumed about eight full strength beers

Three scotches uh then just after midnight he uh decided to leave uh and to his credit he did the right thing he rather than just uh drive home um he decided to sleep it off in the vehicle in his car at the premises so he went to sleep and woke up the next morning certainly it wouldn't have been the most comfortable of sleeps but he woke up the next morning about 7.30 and that's when he decided to drive home

Now my client is elderly and has experienced or has does have medical issues um relating to heart problems which he's had for a number of years now and he is medicated for high blood pressure but unfortunately because he didn't get home he wasn't able to take his medication he hadn't eaten any food and he probably had a belly full of alcohol from the night before so um certainly uh wasn't feeling his best self um but on the way home uh he describes feeling woozy

Uh ended up losing consciousness and fainting at the wheel of his car and obviously if you're if you fall asleep or faint at the wheel of your car you've got a 100% chance of having an accident and that's exactly what happened he veered off the side of the road collected the guard rail um and came to rest at a uh embankment down the road thankfully it was a single vehicle accident he was the sole occupant of the vehicle it was early on a Sunday morning

So there was limited traffic around but certainly the accident was quite significant the car was written off and it was certainly an aggravating factor for this particular matter I did explain to the court today how my client had tried to do the right thing by not driving straight after drinking trying to sleep it off and also outlining the issues surrounding his health and medical issues and and that the cause of the accident was predominantly due to his health issues more

So than his level of impairment because his blood alcohol reading did come back at 0.106 following the accident he was taken to the hospital with facial injuries he actually uh stayed in hospital for three days so his injuries were not insignificant his car was written off and it was a bit of a disaster of a situation for him um he went along did the Traffic Offenders Program he's retired with some health issues he survives off a part pension

Some small superannuation so he lives alone he's got no children no partner no dependents he's very close to his brother but does have to get to regular doctor's appointments um so getting around without a licence will be difficult the other factor that did come into play in relation to his matter which certainly did not assist him today was this was his third drink driving offence in his lifetime albeit the last one 2008 and the one before that was 1987. They were quite dated

But it doesn't change the fact that it was his third drink driving offence and certainly it was a bit of a bad one given the collision that occurred so his record of the accident had to be taken into account on sentence um he was however given a leniency due to completing the Traffic Offenders Program his financial status his health issues uh and the fact that he had tried to do the right thing by sleeping in his car

It was a next day offence so weighing up all these issues the magistrate agreed with me that he would be able to reduce his period of disqualification to three months does have to do the mandatory interlock period for 12 months um his fine was reduced down to $700 um so my client was very um happy with the outcome today he was certainly thinking he'd be looking at more time off the road but very very happy with the outcome especially considering it was his third drink driving offence in his lifetime so signing off from Blacktown Local Court here today and 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.