Downing Centre repeat drink driving case study: three charges at the Downing Centre
In this Downing Centre repeat drink driving case study, Boorman Lawyers appeared at the Downing Centre Local Court on what Joshua Boorman describes as quite a serious matter. The client was charged with a mid range drink driving offence, with a reading of 0.130. What made it worse was that it was his second offence, only 12 months after the first.
What happened
The client caught an Uber to a venue with no intention of driving. During the night he met up with friends. One friend left early with someone else and gave the client the keys to his car, which was parked at the venue. The client did the wrong thing: with the keys in his pocket, he drove his friend’s car home.
After his first offence, he was subject to a mandatory interlock order, which required an interlock in any vehicle he drove. His friend’s car did not have one. He was pulled over for a random breath test and recorded 0.130.
A suspended licence as well
To make matters worse, his interlock licence had been suspended. His own car had broken down and missed an interlock service, and once that happened his licence was automatically suspended. So he had no licence, no interlock in the car and a mid range reading, and three offences to deal with.
Why shouldn’t I send him to jail?
Josh says the magistrate’s first words were to ask why he shouldn’t send the client to jail that day. Josh explained that the client had no intention of driving but had made a very poor decision, that he was dealing with very emotional issues involving his family back home in Ireland, and that he was addressing his alcohol use.
The magistrate’s view was that the matter had crossed the section 5 threshold, meaning a term of imprisonment would be ordered. But he was willing to impose an intensive correction order, which our lawyer explains is a term of imprisonment served in the community, so the client can keep working and living at home.
The outcome
The client received:
- an intensive correction order for 7 months, with reporting to the probation office and any directions it gives, such as alcohol rehabilitation programs;
- the 6-month minimum disqualification for the mid range offence, backdated to when he was charged;
- about 3 months’ disqualification for driving while suspended, which Josh says usually runs at the same time; and
- a $600 fine for not having an interlock in the car, which was a fine-only offence.
Josh says that if the client reoffends during the order, he is at extremely high risk of serving the 7 months in jail. He was very thankful to walk out of court and keep his freedom, but he knows any further offending will very likely see him in custody.
Key general information (NSW)
General information only, not legal advice, as at October 2026. Every case turns on its own facts.
- The broad penalty picture for a repeat mid range offence: Penalties are higher for a “second or subsequent” offence, which Transport for NSW describes as being charged with the same or a similar offence a person has been convicted of before.
- Driving on an interlock licence: Transport for NSW also says that a person who receives an interlock order but does not enter the program is disqualified for 5 years, and that a person who does not complete the requirements of an interlock order is disqualified for at least 5 years.
- Intensive correction orders: An ICO can only be imposed where the court decides imprisonment is appropriate, the sentence is 2 years or less for a single offence (3 years or less for multiple offences), and the court is satisfied of the community safety requirements.
- 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 the Downing Centre, NSW alcohol interlock laws and suspended driving offences in NSW. Its Sydney site covers drink driving matters across Sydney courts.
On this site, see a Byron Bay high range case that ended with an ICO and a Gosford case involving an interlock licence, 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 the Downing Centre 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.) DIY DUI does not cover the suspended driving or interlock charges.