Central Local Court Drink Driving Case Study: Mid Range (0.131), Fourth Offence, 4 Months and a $450 Fine (NSW)

Jurisdiction
New South Wales
Court
Central Local Court, Sydney
Charges
Mid range PCA (0.131); fourth drink driving offence (earlier offences and disqualified driving charges about 13 to 15 years before)
Outcome
Guilty plea. 4-month disqualification (backdated), $450 fine, 12-month mandatory interlock.
Filmed
April 2022

Summary

A shop fitter whose life had unravelled during COVID drove for a late-night slice of pizza after an evening out and blew 0.131, his fourth drink driving offence. Central Local Court imposed 4 months off the road (backdated), a $450 fine and a 12-month interlock.

Key takeaways

  • The reading was 0.131, high in the mid range.
  • It was his fourth drink driving offence, with older disqualified driving charges.
  • He had admitted himself to a mental health hospital in September 2021.
  • He caught an Uber home, then later drove to get pizza and was stopped at an RBT.
  • He received 4 months (backdated), a $450 fine and a 12-month interlock.

Central Local Court drink driving case study: an unusual court for a drink driving matter

In this Central Local Court drink driving case study, Josh Boorman appeared at Central Local Court in the Sydney CBD, which he describes as an old-fashioned court that usually deals with custody matters and more serious offences. For some reason, police listed his client’s mid range PCA matter there. The client pleaded guilty. The reading was 0.131.

A poor record

Josh says the client had a terrible history. This was his fourth drink driving offence in total, and he also had disqualified driving charges, although those were about 13 to 15 years earlier. The reading was also high in the mid range category.

A difficult few years

The client suffered significantly during COVID. He went through a marriage breakdown and lost his job as a retail shop fitter, which pushed him to start working for himself. Since being put off the road, he has not been able to work or take on new jobs, and he is under financial stress. He has also been unable to see his son, who lives out west, which Josh describes as a source of heartbreak.

He had been dealing with significant mental health issues and, in September 2021, admitted himself to a mental health hospital. Josh says his fragile state of mind probably went a long way to explaining the poor decision he made.

What happened

On the night of the offence, the client was in a low and depressed mood and wanted to get out of the house, so he went for drinks with friends at a hotel. He did all the right things: he caught an Uber home. But after a couple of hours at home, he foolishly decided to drive to get a late-night slice of pizza, and he was pulled over as he drove into the city.

Josh notes that no one else was involved. There was no crash, no injury and no erratic driving. It was a random breath test.

A balancing act

Josh describes the sentence as a balancing act for the magistrate. On one side were the client’s significant history and the high reading. On the other were his genuine need to drive for work and to see his son, and his mental health issues. He had completed the Traffic Offenders Program.

Josh notes that any prior offences on a person’s record must be taken into account by a court when it sentences, even when they are quite dated.

The outcome

Josh persuaded the magistrate to reduce the disqualification to 4 months, backdated. The client received a $450 fine, which Josh describes as very low, and must complete the 12-month interlock program under a mandatory order. Josh says it could have been a lot longer off the road given the record, and the client was relieved and has some direction going forward.

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.
  • 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 Sydney CBD courts, NSW drink driving penalties and NSW alcohol interlock laws. Its Sydney site covers drink driving matters across Sydney courts.

On this site, see a Blacktown third-offence case and a Moss Vale third-offence case, or browse all NSW and drink driving videos.

For people who are preparing to plead guilty without a lawyer, the DIY DUI NSW plea program covers the 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 4-month disqualification, backdated, a $450 fine and the mandatory 12-month interlock program.

Why was the matter at Central Local Court?

Josh says Central Local Court usually deals with custody matters and more serious offences, but police listed this matter there.

Do old offences still count?

Josh explains that prior offences on a person’s record must be taken into account by the court on sentence, even when they are quite dated.

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

G'day, Josh Boorman from Boorman Lawyers I'm just here at Central Local Court which is a uh a very old-fashioned old-school court in the Sydney CBD um we usually don't do DUI matters here it's usually a custody court with far more serious offences but for some reason police decide to list our clients mid-range PCA matter here today we attended today we entered a plea of guilty the blood alcohol reading was .131 our client had a terrible history behind him it was his fourth DUI in total

He's also got disqualified drive charges there albeit about um 13 14 15 years ago so it was um a matter that he um uh it was a higher reading in the mid-range category he had a terrible record um unfortunately for our client he suffered significantly during covert um he went through a marriage breakdown he lost his job works as a retail shop fitter that forced him into a position where he decided to go out and start working on his own

But since being put off the road due to this incident he he hasn't been able to work he hasn't been able to take on new work he's financially stressed he hasn't been able to connect with his son who lives out west and that's been a source of heartbreak for him he did the Traffic Offenders Program um he's been suffering significant mental health issues and last year in September 2021 he did admit himself into a mental health hospital very fragile of mind

And that probably went a lot to why he made a very poor decision to drive on the night of the events um on the night of the defence he went uh to have some drinks with some friends at the [unclear: 'Moore Park View Hotel' in the captions] he wanted to get out of the house he's in a particularly low and depressed mood he caught an Uber home he did all the right things he was home for a couple of hours

Then uh decided foolishly to go and get a late night slice of pizza um which he uh he did and he was pulled over as he was driving into the city um so it was a um a balancing act for the magistrate dealing with a person who's got a significant um uh history behind him the reading was certainly high in the mid-range category and also had to balance out by the fact that he has a genuine need to get back on the road to drive for his work to see his son

The mental health issues that he has been experiencing we were able to persuade the magistrate to reduce the disqualification down to four months and we got that backdated he got a very low fine of $450 and he has to do 12 months interlock program which is a mandatory order but at the end of the day he was quite relieved and happy that he's got some direction going forward certainly it could have been a lot longer time off the road especially considering his

His very poor traffic record I mean it was the fourth DUI um albeit that the others were quite dated um you know any prior offences on a person's history does need to be accounted for and taken into account when delivering a sentence by a court so at the end of the day a happy and relieved client that it wasn't much worse and certainly thankful that his actions didn't involve anyone else there was no car crash there was no injury he wasn't driving erratically it was an RBT

But he's got some direction going forward and he certainly learnt from his mistakes and and I think it's very unlikely we'll see him back before the uh the criminal justice system thanks for tuning in today.

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.