A mid range charge at Newcastle
In this Newcastle drink driving case study, Joshua Boorman appeared at Newcastle Local Court for a client charged with a middle range drink driving offence. Joshua describes the reading as definitely at the higher end of the middle range, which he explains runs from 0.080 to 0.150 in New South Wales. (The exact figure is unclear in the recording.)
What happened
The client is originally from India and has been in Australia since 2018. On the day of the offence his girlfriend ended their relationship. He went to work that afternoon at an Indian restaurant in quite an emotional state, and a colleague suggested he have some drinks to calm down.
Over his shift he drank four or five VBs, the last about an hour and a half before he finished. He then made the poor decision to drive home. He told Joshua he rarely drinks.
On the way home he allegedly sped above the 60 km/h limit, which led police to follow him, and he then went through a red turning arrow at an intersection. Quoting the magistrate, Joshua says he “did himself no favours”. These features slightly aggravated the matter, although it was late at night with minimal traffic and no pedestrians.
About our client
He cooperated with police and entered an early plea of guilty. He completed the Traffic Offenders Program and provided good references. He had nothing on his traffic or criminal record, although, as the magistrate noted, he had only been licensed in Australia for about 3 years.
His letter of apology set out the lessons he had learned from the program, his concerns about being off the road for too long, and his remorse. Joshua told the court that his emotional state on the day explained why he had failed to use his better judgement.
The outcome
Joshua asked for the minimum disqualification for a first mid range offence, which he explains is 3 months, backdated to the day of the offence (7 December 2023). By mid-January the client had already served half of that.
- the 3-month minimum disqualification, backdated;
- an $800 fine; and
- the alcohol interlock program, which he knew he had to complete.
A question about permanent residency
The client was very concerned about how a conviction might affect his application for permanent residency. Joshua makes clear he is not an immigration expert. From his experience with people in similar situations, his understanding is that applicants go through a character test and may need to provide evidence of the outcome, and that a lengthy term of imprisonment is what can lead to an automatic failure of that test.
Joshua says many of his clients in similar situations have still become permanent residents, but he told the client to get proper advice from a migration agent or migration lawyer.
What this Newcastle drink driving case study shows
Aggravating features such as speeding and a red light do not always rule out the minimum. Here, an early plea, a clean record, the program and a sincere explanation helped. Every case is different, and outcomes depend on the facts. Questions about visas and residency need specialist migration advice.
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 Newcastle Local Court, the NSW Traffic Offender Program and NSW alcohol interlock laws. Its NSW site covers drink driving matters across NSW.
On this site, see a Newcastle District Court appeal for a low range client and a Maitland 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 Newcastle 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.)
Read the video transcript
Hey it's Josh Boorman here outside Newcastle uh local courthouse that's the uh large Courthouse behind me um I've just appeared today on a middle range drink driving offence the blood alcohol reading was [unclear: '.19' in the captions] so definitely at the higher end of the middle range category given uh the middle range category in New South Wales is between 0.080 through to 0.150 um our client will was uh originally from India he's been here since 2018 um uh in relation to the actual offence on the day of the offence his
Unfortunately his relationship had come to an end his girlfriend had broken up with him he went to work that afternoon he works at a Indian restaurant and um he um he was Destroy he was in uh quite an emotional state one of his friends uh colleagues at work suggested that he um he have some drinks to uh calm himself down so throughout his shift he had about four or five VB drinks um the last being probably about an hour
A half before he finished his shift and then made that very poor decision to get in the car and drive home he was obviously quite emotionally vulnerable and um and that's what led him to actually drink in the first place cuz he tells me he rarely ever drinks uh and then obviously made the poor decision to get in the car and drive home home he certainly and I quote the magistrate did himself no favours on the way home by allegedly speeding above the assigned 60 km speed limit uh that gave
Police cause to actually start following him in the first place and then uh he actually pulled up to an intersection where he proceeded through a red turning signal so red light uh so these matters did slightly aggravate the matter um but it was later at night minimal traffic around no pedestrians um and um and he cooperated with police he entered early plead guilty when he did the Traffic Offenders Program got some good references um he has only been licensed in Australia for about 3 years he has nothing on his record which is good
But as the magistrate said it wasn't a um a lengthy period of driving with um nothing there so because of short period on a licence it is kind of to be expected that it is to be unblemished but uh certainly um uh you know having a completely clean traffic and criminal record um assisted him today um he put forward a letter of apology to the court outlining the lessons he learned from the traffic program um concerns about being off the uh Road for too long a period
And obviously his just um General remorse and regret over the entire matter um I think my client there was obviously some mitigating or extenuating circumstances as to why he made the poor decision and um failed to use his better judgement on this occasion and that was his emotional state uh it's not every day that um a long-term partner actually um ends a relationship and um so he was uh quite emotionally vulnerable on the day of the offence
That's what led to this offence occurring um so we were um with the levels of aggravation and the reading at [unclear: '019' in the captions] we were seeking that the court reduce the disqualification period to the minimum period which is 3 months for a first offence of mid-range drink driving um and also have the matter the disqualification period backdated to the day of the offence which was the 7th of December 2023 so being the middle of January he's already served half the period of time off the road
He's very well aware that he's uh got to commit to the alcohol interlock program uh the ma magistrate um agreed with us uh she was willing to um reduce the period of disqualification and fine uh down to the minimum 3 months it was backdated and he was given an $800 fine um so a very relieved client today um he was he's very concerned how a conviction on his record criminal conviction will affect his ability to obtain permanent residency in Australia I'm certainly no immigration expert
But from my knowledge and experience in dealing with people in similar situations my understanding is that they actually have to go through a character test um and whilst there's a conviction there on their record and they might have to provide evidence what the outcome was uh my understanding is that it's a um uh if they receive a particular length length lengthy period of uh imprisonment that's what can um fail the character test automatically um it might be an extra hurdle for my client to go through to provide uh the immigration department with some evidence just to
Show what the outcome of today's matter was but um I've had many clients in a similar situation and it hasn't affected their um uh ability to become a permanent resident in Australia so I told him that but I also told him to get proper uh immigration uh law advice from a migration agent or a migration lawyer um but he's uh happy today he can put this behind him and um know what um where he's going in the future and um yeah thanks for tuning in here today at uh the lovely Newcastle Local Court.
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.
