A high range charge for an interstate driver
In this Albury drink driving case study, Joshua Boorman appeared at Albury Local Court on a high range drink driving charge. The final reading was 0.157. (The first mention of the figure is unclear in the captions.)
Our client is originally from India and has lived in Australia since 2014. He lives in Melbourne and holds a Victorian driver licence.
What happened
In late January, he came up to the Albury region to meet his cousin. They went to dinner and had some drinks, and he then drove to stay at his cousin’s place.
At about 2.30 am, police saw him do a U-turn that Joshua says probably was not all that kosher. He was not charged over the U-turn, but it gave police a reason to stop him and breath test him. The final reading was 0.157.
About our client
- He works as a concrete truck driver, and since being off the road he has been unable to work, causing significant financial problems.
- He had a very good traffic record: one speeding offence in Victoria in 2019.
- He completed the Traffic Offenders Program, wrote a letter of apology and provided good character references.
Apart from the U-turn, nothing was significantly aggravating. It was very late at night with no pedestrians or other cars around, he was alone in the car, and he was not speeding or driving erratically. Joshua submitted that, for a first offence, the objective seriousness was relatively low despite the reading being in the high range.
The interlock problem
There was a fair bit of discussion between Joshua and the bench about the interlock. The offence happened in New South Wales and was before a New South Wales court, but our client lives in Victoria and held a Victorian licence.
Joshua explains the technical issue: if a mandatory interlock order were made, our client would be unable to get the New South Wales interlock licence needed to complete it, and failing to complete the interlock period would mean being off the road for a mandatory minimum of five years. That would be an extreme level of hardship. Joshua also notes Victoria may have its own view about the offence when he next deals with his Victorian licence.
The outcome
- the magistrate granted an interlock exemption; and
- imposed the 12-month minimum disqualification, backdated.
Joshua explains that the exemption doubled the minimum disqualification period, but at the end of it our client is free to be relicensed and does not have to complete the New South Wales interlock program. He describes this as a much cleaner approach.
What this Albury drink driving case study shows
Cross-border cases can raise practical problems that the standard orders do not easily solve. Here, the court weighed the hardship of an interlock order that could not realistically be completed. Every case is different, and outcomes depend on the facts and the person’s history.
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 high range PCA offence as a fine of $3,300 and up to 18 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.
- Interlock exemption orders: For a mandatory interlock offence, the court must make either an interlock order or an interlock exemption order.
Further reading and related videos
Boorman Lawyers has more on appearing at Albury Local Court, NSW alcohol interlock laws and the NSW high range drink driving guideline judgment. Its NSW site covers drink driving matters across regional NSW.
On this site, see the Manly high range case with a 2-year interlock and a Boggabilla repeat mid range matter, 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 Albury 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.)
