Sutherland Drink Driving Case Study: Mid Range (0.103) on New Year’s Morning, 6-Month CRO and No Conviction (NSW)

Jurisdiction
New South Wales
Court
Sutherland Local Court
Charges
Mid range PCA (0.103), first offence, next morning
Outcome
Guilty plea. Conditional release order for 6 months without conviction.
Filmed
April 2023

Summary

A Defence Force member drove to get breakfast at 8 am on New Year's Day after drinking heavily the day before, and blew 0.103. With an officer's reference, family letters and the Traffic Offenders Program, Sutherland Local Court made a 6-month CRO without conviction.

Key takeaways

  • The reading was 0.103 at 8 am on New Year's Day, after heavy drinking the day before.
  • He was stopped at a random breath test on a quiet rural road, not because of his driving.
  • He had served in the Australian Defence Force for 9 years, and an officer explained how a conviction could affect his career.
  • He had a good traffic record, with five minor infringements in about 16 years.
  • The magistrate only just agreed to a 6-month CRO without conviction.

A next-day offence heard at Sutherland

In this Sutherland drink driving case study, Joshua Boorman appeared at Sutherland Local Court, in the Shire south of Sydney, on a middle range drink driving offence with a reading of 0.103. He explains that there were a number of facts in the client’s favour that were pressed to persuade the court not to record a conviction, while noting that it does not always work out this way. Every case and every set of facts is different.

New Year’s Eve in the country

The client had attended a ball or event at Wombat, in rural western New South Wales. He started drinking at about lunchtime on New Year’s Eve, drank quite heavily, had his last drink at about 11.30 pm, stayed up for midnight and went to bed at about 12.30 am.

He woke at 7 am, did not feel hungover or intoxicated, and drove to the nearest town, Harden, about 15 minutes away, to get breakfast and coffees. At 8 am on New Year’s Day he was pulled over for a random breath test.

The objective facts

He was not stopped because of his driving. He was in a wide-open rural area with very little traffic, which reduced the risk to others. He was polite and cooperative with police.

Joshua is clear, though, that a reading of 0.103 is comfortably within the middle range and, as he puts it, nothing to be sneezed at.

A serving member of the Defence Force

The client had been serving in the Australian Defence Force for 9 years. The material handed up included:

  • a character reference from an officer in the Defence Force, which also explained how a conviction could cause problems for his career;
  • letters from his mother, his sister and a friend, all going to his good character; and
  • his completion of the Traffic Offenders Program, for which the court gave him credit.

He was first licensed about 16 years earlier and had five minor traffic infringements, mostly low-level speeding under 10 km/h over the limit. Joshua submitted that this was a very good record, with nothing of a similar nature.

The outcome

Joshua asked for a conditional release order without conviction. The magistrate agreed, but only just. Joshua says it was clear that, for most cases at 0.103, the magistrate would not deal with the matter by way of a CRO. What tipped the balance was that nothing aggravated the offence, it was a next-day offence, the client had done the traffic program, there was evidence of how a conviction could affect his career, and he had a very good traffic record.

He received a conditional release order for 6 months without conviction. If he is of good behaviour for those 6 months, no conviction will be recorded.

What this Sutherland drink driving case study shows

Next-day drinking can still produce a mid range reading hours after the last drink. When a court considers a no-conviction outcome for a reading like this, the combination of factors matters, and here the magistrate made clear it was a finely balanced decision. 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).
  • Conditional release orders: The NSW Sentencing Council explains that a conditional release order (CRO) can be made with or without recording a conviction.
  • Other low-end sentencing options: If an offence is not trivial enough to be dismissed under section 10 of the Crimes (Sentencing Procedure) Act, but there are other good reasons not to impose a penalty, the court can convict the person without any other penalty under section 10A.
  • 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 Sutherland Local Court, no-conviction outcomes for drink driving in NSW and NSW drink driving penalties. Its Sydney site covers drink driving matters across Sydney courts.

On this site, see a Blacktown mid range case that ended with a CRO and a Finley case that ended with a CRO, 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 Sutherland 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 was the outcome at Sutherland?

A conditional release order for 6 months without conviction. If he is of good behaviour for 6 months, no conviction will be recorded.

Why was this a next-day offence?

He had his last drink at about 11.30 pm on New Year’s Eve and was stopped at about 8 am the next morning, still over the limit.

Did the magistrate readily agree to no conviction?

No. Joshua says the magistrate only just agreed, and made clear that for most cases at 0.103 a CRO would not be the outcome.

What is a conditional release order?

A conditional release order (CRO) is a NSW sentencing option under the Crimes (Sentencing Procedure) Act 1999. It can be made with or without a conviction, and the NSW Sentencing Council notes it can last up to 2 years. Whether one is appropriate is a matter for the court in each case.

What are the PCA ranges in NSW?

As at October 2026, Transport for NSW lists novice range (learner or provisional driver above zero), special range (special category drivers over 0.02), low range (0.05 to 0.079), mid range (0.08 to 0.149) and high range (0.15 and above).

Read the video transcript

Good day, Josh Boorman here, just outside Sutherland Local Court in the Shire, south of Sydney. Uh, appeared here today on a middle-range drink driving offence. Uh, the blood alcohol reading was .103. Um, and in relation to this matter, there were a number of factors and facts in relation to the offence that we sought to press upon to, uh, persuade the court not to record a conviction on this occasion. Um, now, it doesn't always work out like this. Every case is different. Every set of facts are different.

But in this particular matter, our client had been pulled over at 8:00 a.m. on New Year's Day, New Year's morning after, obviously, having a number of drinks the night before for New Year's Eve. Um, he attended a ball or an event out in Wombat, which is, uh, rural in rural, um, Western New South Wales. Uh, and, um, he'd attended the day before. He'd been drinking quite heavily. He started about lunchtime. He had his last drink at about 11:30. Um, stayed up for New Year's, um, Eve at midnight, uh, celebrations, and then went to bed, um, at about 12:30.

Woke up at 7:00 a.m. the next morning. Um, despite not feeling hungover or, uh, intoxicated, um, he, uh, he felt fine. He he made the decision to get into the car and drive to the nearest town, uh, which was about 15 minutes away, um, at Harden, to get some breakfast and some coffees. And he was pulled over for the purpose of a random breath test. Um, certainly not due to his manner of driving. Uh, he was driving in a a wide-open rural area with very limited, minimal traffic around.

So, the risk of something, um, uh, or the risk to other people in the community was reduced in that regard. Um, but certainly the reading at 0.103, it was it was comfortably into the middle-range category. Um, and um uh it's it's nothing to be sneezed at um at that reading. So, um he uh he was polite, he was cooperative with police. Now, our our client today, he's a serving member of the Australian Defence Force. Um, and uh he has been working in serving in the Defence Force for the past 9 years.

Um, we got some good character references, uh especially uh from an officer in the Defence Force. We um that said fantastic things about our client and also how uh recording of a conviction could cause a problem in his career. Um, we got letters from his mother, his sister, and also a um a friend of his. Um, they're all very strong, well-written letters, and uh said great things about our client. They all went to his good character. Um he also went and did the Traffic Offenders Program.

Um, so that was uh given um he was given kudos for doing that. Um, in relation to his traffic record, he was first licensed about 16 years ago. He has five more minor traffic infringements, uh mostly of a low-level speed uh under 10 km over the speed limit. Um, so yeah, I submitted he has a very good traffic record, certainly nothing of a similar nature on his record. Um but uh yeah, today we were um pushing for a no conviction uh under a section [unclear: '91B' in the captions] conditional release order.

Um, that was acceded to by the magistrate. He agreed that that's the way it should um be dealt with, but he only just agreed to it. Um it was clear that for most circumstances of a 0.103 reading, he would not um deal with it by way of a conditional release order, but due to the fact that there was nothing aggravated or was a next-day offence, um he's done the traffic program, uh and um and certainly there's evidence there to show how a conviction could affect his career, um and and of course he's got a very good traffic record behind him.

All these issues tended to persuade the magistrate that um he could deal with the matter by way of a no conviction order today. So, he was given a conditional release order for 6 months. He's got to be of good behaviour for 6 months, and if he doesn't re-offend, this matter will simply disappear and no conviction will be recorded. Um so, a very, very happy client today, and he can move forward with his life, with his job serving Australia, and uh continuing on um doing a um a great uh deal for our community here in Australia.

Thanks for tuning in today at Sutherland 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.