Byron Bay DUI Lawyer Saves Elderly Client From Full-Time Jail on High Range Drink Driving Charge

Our Byron Bay DUI Lawyer from Boorman Lawyers appeared at the Byron Bay Local Court on behalf of a client facing a serious high range drink driving charge. Despite a BAC reading of 0.202 and several aggravating factors, we successfully persuaded the court to impose an Intensive Corrections Order instead of full-time imprisonment.

The Charge — What Our Client Was Facing

Our client was charged with high range Prescribed Concentration of Alcohol (PCA) under section 110 of the Road Transport Act 2013 (NSW). Her blood alcohol concentration reading was 0.202 — more than four times the legal limit for an open licence holder. This is a reading the court treats very seriously.

The circumstances surrounding the offence made matters more difficult. Our client had been involved in a single vehicle accident in an area where children were present. While nobody was physically injured, the potential for harm was an aggravating factor the prosecution was always going to raise.

In addition to the drink driving charge, our client was also charged with a second offence — driving with an expired licence. While less serious than the DUI, it added to the overall picture the court had to consider and suggested a pattern of not attending to driving obligations.

Our Client’s Personal Circumstances

The personal background of our client was central to the way we prepared and presented this matter. Our client was a 72-year-old woman who had experienced significant health challenges in the years leading up to the offence.

She had suffered a serious fall that resulted in a traumatic brain injury. The consequences of that injury were ongoing — it contributed to cognitive impairment that affected her day-to-day functioning and decision-making. She had also been diagnosed with depression, for which she was receiving treatment and medication. The combination of these health issues created a set of circumstances that, while not excusing the offending, provided important context for the court to understand how and why this incident occurred.

None of this meant the offence was any less serious. A BAC of 0.202 is dangerous regardless of the driver’s personal circumstances. However, the law requires the court to take into account all relevant factors when deciding on the appropriate penalty — and our client’s health and cognitive difficulties were directly relevant to both the offending behaviour and the question of what sentence would serve the interests of justice.

Our Legal Strategy and Preparation

Cases involving high range drink driving with aggravating features require careful and thorough preparation. A reading of 0.202 combined with an accident near children meant that the court was going to give serious consideration to a custodial sentence. Our job was to present a compelling case for why full-time imprisonment was not the appropriate outcome for this particular person in these particular circumstances.

Medical Assessment and Rehabilitation

One of the first steps we took was arranging for our client to be assessed by a doctor with a focus on her cognitive impairment, mental health, and the relationship between her medical conditions and the offending behaviour. This was not about making excuses — it was about giving the court a proper medical picture so the Magistrate could make an informed decision.

We also referred our client to a rehabilitation clinic to address her relationship with alcohol. Taking this step before the court date — rather than waiting to be told to do so — demonstrated to the Magistrate that our client was taking genuine responsibility. Courts draw a clear distinction between people who proactively seek help and those who only engage with treatment because they have been ordered to. Proactive steps carry considerably more weight.

Family Support

Our client’s son provided a detailed letter of support to the court. The letter addressed his mother’s health issues, confirmed the supportive environment she would return to after sentencing, and outlined the practical steps the family had taken to ensure she would not be in a position to reoffend. This kind of evidence matters — it shows the court that there is a real support structure in place and that the risk of further offending is being actively managed by the people closest to the offender.

Submissions on Sentencing

Given the severity of the charge, we made detailed legal submissions arguing that an Intensive Corrections Order (ICO) was the most appropriate sentence, rather than full-time imprisonment. An ICO is a custodial sentence that is served in the community rather than in prison. It is a serious penalty — it carries strict conditions and is supervised by Community Corrections — but it avoids the devastating consequences of actually being sent to jail, particularly for an elderly person with significant health issues.

We addressed each of the aggravating factors directly and honestly, while presenting the full picture of our client’s personal circumstances, her proactive rehabilitation steps, her age, her health, and the support she had in place. The goal was not to minimise the seriousness of what happened, but to persuade the court that justice could be properly served without sending a 72-year-old woman with cognitive impairment to prison.

The Result at Byron Bay Local Court

The Magistrate accepted our submissions. The court imposed the following sentence:

• Intensive Corrections Order (ICO) for 9 months — a custodial sentence served in the community, not in prison
• Licence disqualification of 9 months
• Alcohol ignition interlock condition for 2 years — requiring an interlock device to be installed in any vehicle our client drives after the disqualification period ends

This was a significant result. A BAC of 0.202 with an accident in an area where children were present is the kind of case where full-time imprisonment is a real possibility. The outcome our client received meant she could return home, continue her rehabilitation, and maintain her connection with her family and support network — while still serving a custodial-level sentence with appropriate conditions and supervision.

What This Case Shows About High Range Drink Driving in NSW

Under NSW traffic law, high range PCA is one of the most serious drink driving offences. For a first offence, the maximum penalty is 18 months imprisonment and a fine of 30 penalty units. The mandatory minimum licence disqualification is 6 months, with a maximum of unlimited disqualification at the court’s discretion. An alcohol interlock order of at least 24 months applies to all high range offenders.

This case demonstrates several important points for anyone facing a high range charge in NSW. First, the court does take personal circumstances into account — age, health, cognitive impairment, and mental health history are all relevant to sentencing. Second, taking proactive steps before your court date makes a real difference. Medical assessments, rehabilitation engagement, and family support letters are not just nice to have — they can be the difference between prison and a community-based sentence. Third, the way the case is presented matters. A well-structured submission that addresses the aggravating factors head-on, rather than trying to avoid them, gives the Magistrate confidence that the defence understands the seriousness of the matter.

Some people in this situation also look into structured preparation tools such as the DIY DUI Method to better understand the court process and organise their material ahead of time.

Frequently Asked Questions

This article is general information only and does not constitute legal advice. Every case is different and outcomes depend on individual circumstances. If you are facing a drink driving charge, getting proper legal advice early gives you the best chance of a favourable result.