Why a low range charge went to court
In this Dubbo drink driving case study, Joshua Boorman appeared at Dubbo Local Court on a low range drink driving offence. He explains that a low range offence usually would not need to go to court in New South Wales, because it can be dealt with by a penalty notice. He describes that as an on-the-spot fine (which he puts at $568) and a three-month automatic suspension, with no conviction.
This matter was different because it was the client’s third drink driving offence, the last being in 2019. That made him a repeat offender, and Joshua explains that repeat offenders must go to court even for a low range offence.
A complicated history
Joshua describes the client as a troubled teenager following some personal abuse issues. He became addicted to methamphetamine for a number of years in his late teens and early 20s and committed a raft of drug-related offences, going in and out of jail on three occasions.
He was last released on 20 December 2021. Since then he had stayed clean from drugs and had not committed any other offences, until this one in December 2022.
What happened
Earlier that night he had four or five schooners of beer over about three hours with friends at a local tavern. He caught a taxi home. His partner, who had been urging him to come home, had gone to a friend’s place, and when he learned there were a number of men there, he became jealous and concerned and made the very poor decision to drive over.
On the way he was caught speeding at 76 km/h (the captions are unclear about the speed limit). Police breath tested him, and the reading was 0.079. Joshua says that was lucky: any higher and it would have been mid range, with a much longer time off the road, a longer interlock period and the potential for a jail sentence.
Submissions in this Dubbo drink driving case study
Joshua took the magistrate through the client’s background, explaining how he had stayed off drugs since leaving jail and that this was a single mistake. He stressed that the offence was not a trigger for him to start reoffending as he had in the past. The client was now completely abstinent from alcohol, focused on full-time work, and looking to settle down and have a family with his partner. Joshua describes his family and employment as the stabilising factors in his life.
The outcome
The magistrate showed some leniency. The client received:
- a 2-month disqualification;
- the alcohol interlock program for 12 months; and
- a $500 fine.
Joshua says the client was very happy and can now move past this setback.
What this case shows
For a repeat low range offence, the matter goes to court and an interlock order follows. A person’s history matters, but so does what they have done since. Here, more than a year of staying clean and stable work helped the court see the offence as a setback rather than a return to old patterns. Every case is different.
Key general information (NSW)
General information only, not legal advice, as at October 2026. Every case turns on its own facts.
- Low range drink driving penalties: First offence: a maximum court-imposed fine of $2,200, a minimum disqualification of 3 months, an automatic disqualification of 6 months, and no alcohol interlock order.
- When a low range charge goes to court: For a second or subsequent low, novice or special range offence, Transport for NSW’s Alcohol Interlock Program page lists a disqualification of 1 to 3 months followed by an interlock period of 12 months when an interlock order is made (as at October 2026).
- 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.
- 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 Dubbo Local Court, NSW drink driving penalties and NSW alcohol interlock laws. Its NSW DUI site covers drink driving matters across regional NSW.
On this site, see a Finley third-offence low range case and a Boggabilla third-offence 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 Dubbo 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.)
