A mid range charge in the Southern Highlands
In this Moss Vale drink driving case study, Joshua Boorman appeared at Moss Vale Local Court in the Southern Highlands of New South Wales, on a day he says was about one degree. His client was charged with a middle range drink driving offence with a reading of 0.081, at the bottom end of the mid range.
The offence itself
Joshua says nothing significantly aggravated the offence. The client was stopped for a random breath test, was the sole occupant of the vehicle and was cooperative with police. There was only a light amount of traffic, it was not peak hour, and road conditions were not adverse, so the risk was reduced.
On its own, Joshua describes it as a relatively stock standard drink driving offence.
A difficult record
What made the matter significantly worse was the client’s traffic record. This was his third drink driving offence, and he also had two serious charges of dangerous driving on his history. His last offence was seven years earlier and was also mid range.
On the first occasion, the magistrate adjourned the matter for a sentencing assessment report, to see whether the client was suitable for community service. The client was very concerned that a term of imprisonment could be imposed.
Steps towards rehabilitation
Joshua says the client clearly put his hand up and had some honest, hard conversations with himself about having an issue with alcohol. He then:
- saw his GP and completed a 12-week community-based alcohol and other drugs counselling program, with a letter from his counsellor;
- started the SMART Recovery program, with confirmation of attendance;
- completed the Traffic Offenders Program;
- provided a letter from his partner and a letter of apology; and
- provided a letter from a colleague in the Rural Fire Service, where he volunteers.
He owns a small business and needs his licence to perform that role. Joshua describes him as a person of otherwise excellent character who is very community-minded.
The outcome
The magistrate took into account the steps he had taken and his otherwise good character. He received:
- the minimum disqualification of 3 months;
- the alcohol interlock program for 12 months;
- a community correction order with 75 hours of community service and an order to abstain from alcohol for the next 12 months; and
- a $500 fine.
Joshua describes him as a very relieved and happy client.
What this Moss Vale drink driving case study shows
A third drink driving offence can put a term of imprisonment on the table, even when the offence itself is not aggravated. Here, real steps towards rehabilitation, backed by evidence, gave the court a basis to impose a community-based order instead. Every case is different, and outcomes depend on the facts and the person’s record.
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).
- 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.
- 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.
- Community correction orders and intensive correction orders: The NSW Sentencing Council explains that a community correction order (CCO) can be imposed instead of a sentence of imprisonment, for up to 3 years.
- 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 Moss Vale 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 Port Macquarie third-offence mid range case and a Burwood second high range case that ended with a CCO, 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 Moss Vale 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.)
