Burwood DUI Lawyer Case Review: Mid Range 0.087 and Suspended Driving
In shortIn this case review, Burwood DUI Lawyer Joshua Boorman explains a mid range drink driving charge (PCA 0.087) and a driving while suspended charge, both finalised at Burwood Local Court in Sydney’s inner west. Both were second offences, because our client had a low range drink driving offence about 12 months earlier. A junior police officer had charged disqualified driving when our client was on a demerit point suspension, and the police facts incorrectly said there had been a collision. Joshua wrote to police and then went back and forth with prosecutors until the charge and the facts were corrected. Our client entered an early plea of guilty, completed the Traffic Offenders Program, and put an apology letter and character references before the court. The Local Court judge reduced both disqualification periods to the 6-month minimum, to run concurrently, with fines of $1,000 and $900, and a 24-month alcohol interlock once the licence is returned.
- Mid range PCA 0.087 and driving while suspended, both second offences after a low range drink drive about 12 months earlier
- Wrong initial charge (disqualified driving) and incorrect police facts, including a claimed collision when there was none, later amended
- Outcome: 6 months’ disqualification on each charge, concurrent; fines of $1,000 and $900; 24-month alcohol interlock after the licence is returned
NSW law · law checked 11 Nov 2026
What's on this page
Case overview
Joshua Boorman recently appeared at Burwood Local Court, in Sydney’s inner west, on two charges: mid range drink driving (a prescribed concentration of alcohol, or PCA, of 0.087) and driving while suspended.
Both were treated as second offences. About 12 months earlier our client had a low range drink driving offence, which is a major traffic offence. That earlier matter brought both of the new charges into the higher, second-offence penalty range.
This post is a case review of that sentence. For practical information about the court itself, and how our Burwood DUI lawyers appear there, see our Burwood Local Court page. Below, we focus on how the charge and the facts were corrected, how the matter was prepared, and what the court imposed.
Watch the video: Burwood DUI Lawyer Joshua Boorman outside Burwood Local Court
We placed the video here, straight after the overview, so you can hear Joshua explain the matter in his own words before reading the detail.
What happened
The mid range reading was 0.087. Our client was also charged with driving while suspended. The suspension was a demerit point suspension, not a court disqualification.
The matter did not start in a clean state. A junior police officer initially charged disqualified driving. That was the wrong charge. Our client was not disqualified from holding a licence. The licence was suspended for demerit points. As Joshua explains in the video, they are different categories of offending, even though the maximum penalties are almost the same. It still matters that the charge on the court attendance notice is the correct one. Our page on driving while disqualified in NSW also explains the separate offence of driving while suspended.
The police facts were also wrong, and in a way that made the matter look more serious than it was. In particular, the facts said there had been a collision. There was no collision at all.
Joshua obtained the facts early and wrote to the officer, asking that the disqualified driving charge be changed to driving while suspended and that the incorrect facts be cleaned up. The officer agreed. In NSW, though, a change of charge and facts has to go through a chain of command. By the court date, the officer’s agreement had not yet been approved up the line. Joshua then went back and forth with the prosecutors. They eventually agreed to change the charge to the correct one, to remove the claimed collision, and to take out a few other concerning words in the facts.
With the charge and the facts corrected, the matter proceeded on an early plea of guilty.
The traffic record was, as Joshua put it, unenviable. There was the low range drink driving offence about 12 months earlier. A couple of years earlier there had also been a cluster of speeding and camera offences, which accumulated a large number of demerit points and left the record looking poor when it was put before the court. The demerit point suspension sat in that context.
Driving was important for our client. Before sentence, our client completed the Traffic Offenders Program, wrote a letter of apology, and obtained character references from work, colleagues and friends.
The offences and the relevant NSW law
Mid range drink driving
Under section 110 of the Road Transport Act 2013 (NSW), it is an offence to drive with a prescribed concentration of alcohol. Mid range (the Act calls it the middle range) is 0.08 grams of alcohol in 100 millilitres of blood, or more, but less than 0.15. A reading of 0.087 sits in that range.
The penalties depend on whether it is a first offence or a second or subsequent offence. Under section 9 of the Road Transport Act, an offence is a second or subsequent offence if, within the previous 5 years, the person was convicted of the same offence or any other major offence, or had an alcohol or other drug related driving offence dealt with by penalty notice. A low range PCA is a major offence. That is why both charges in this matter were treated as second offences.
According to the Judicial Commission of NSW Local Court Bench Book and the NSW Government, a second or subsequent mid range PCA carries:
- a maximum court fine of $3,300
- a maximum term of imprisonment of 12 months
- an automatic disqualification of 3 years, which applies unless the court orders a different period
- a minimum disqualification of 12 months if the court uses the ordinary section 205 scale
- no maximum disqualification, according to the NSW Government
- a mandatory alcohol interlock order on conviction, unless the court makes an interlock exemption order
Mid range PCA, including a first offence, is a mandatory interlock offence. When the court convicts, it must make either a mandatory interlock order or an interlock exemption order. If a mandatory interlock order is made for a second mid range PCA, the Judicial Commission lists an initial disqualification of 6 to 9 months, then a 24-month interlock period. That initial 6-month figure is the minimum under the interlock path, and it is lower than the 12-month minimum on the ordinary section 205 scale.
The NSW Government also notes that a person convicted of two drink driving offences in a 5-year period must pass the Driver Knowledge Test before being licensed to drive again.
For the wider picture, see our pages on drink driving penalties in NSW and drink driving offences in NSW, and our explainer on how the NSW interlock system works.
Driving while suspended
Driving while the licence is suspended, otherwise than for unpaid fines, is an offence under section 54(3) of the Road Transport Act. Driving while disqualified is a different offence, under section 54(1). A demerit point suspension falls under section 54(3), not section 54(1). Suspensions or cancellations for unpaid fines are a third, lower-penalty category under section 54(5).
According to the Judicial Commission and the NSW Government, a second or subsequent offence of driving while suspended (other than for unpaid fines) carries:
- a maximum court fine of $5,500
- a maximum term of imprisonment of 12 months
- a default (automatic) disqualification of 12 months
- a minimum disqualification of 6 months
The disqualification periods for these unauthorised driving offences are set by section 205A. Under section 207A, a disqualification starts on the date of conviction unless the court orders a later date, so periods on more than one offence run at the same time unless the court orders otherwise.
For a first offence of driving while suspended (other than fine default), the range is lower: a maximum fine of $3,300, a maximum of 6 months’ imprisonment, an automatic disqualification of 6 months and a minimum of 3 months.
Why the charge and the facts had to be corrected
If the matter had gone ahead on the original paperwork, the court would have been sentencing our client for disqualified driving, and on facts that included a collision that never happened. Neither of those things was true.
The maximum penalties for disqualified driving and for driving while suspended (other than for unpaid fines) sit on the same scale. That is not a reason to leave the wrong charge in place. They remain different offences, and the court should be asked to deal with the charge that actually fits the facts. An incorrect collision in the facts is in a different category again: it is an aggravating feature the court would otherwise have been invited to take into account.
The officer agreed to the changes, but those changes still had to be approved through the NSW chain of command. That approval had not come through by the morning of court, so the issue had to be taken up with the prosecutors on the day. They did agree, the charge and the facts were amended, and the plea then proceeded. Getting the facts early, and not leaving an amendment to chance on the morning of court, was a central part of how this matter was prepared.
How our Burwood DUI Lawyer prepared the matter
Joshua put the offences in context and gave the court material to work with. The key pieces were:
- Correcting the charge and the facts. The disqualified driving charge was changed to driving while suspended, and the claimed collision — and some other concerning wording — was taken out of the facts before the plea.
- An early plea of guilty. Once the charge and the facts were right, the matter proceeded as a plea.
- The Traffic Offenders Program. Our client completed the program before sentence. The program Joshua refers to is the Traffic Offender Intervention Program, a Local Court-based road safety education program for people who have pleaded guilty to, or been found guilty of, a traffic offence. Its purpose is to give participants information and skills to develop more positive attitudes to driving and safer driving behaviour. Completing it is one way to show the court the offence has been taken seriously. It is not a defence, and it does not guarantee a particular outcome. See our page on the NSW Traffic Offenders Program.
- A letter of apology.
- Character references from work, colleagues and friends.
- The impact of losing a licence. The court was told that driving was important for our client.
None of that made the offences less serious, and Joshua did not suggest it did. It gave the court a documented basis to consider reducing the disqualification periods to the minimum available on each charge, and to deal with both periods at the same time.
The outcome
As Joshua explains in the video, the court imposed:
- on the suspended driving charge: the disqualification was reduced from the 12-month default period to the 6-month minimum, with a $1,000 fine
- on the mid range drink driving charge (second offence): a 6-month disqualification, which is the minimum initial period under a mandatory interlock order, and a $900 fine
- a 24-month alcohol interlock once the licence is returned
- both 6-month disqualification periods starting that day and running concurrently
- total fines of $1,900
Joshua noted that the matter was not elevated to a heavier sentence. It was a second drink driving offence within 12 months, and some Local Court judges may take a particularly heavy approach with that kind of record. The outcome in this matter should not be read as typical. Every case is different, and the result turns on its own facts, the person’s record, the material before the court and the Local Court judge on the day. Past results don’t predict the outcome of any other matter.
Practical lessons if you’re facing a similar charge at Burwood Local Court
- Get the charge right. Disqualified driving and driving while suspended are different offences. A demerit point suspension is not a court disqualification. If the charge on the court attendance notice does not match the actual licence status, raise it early.
- Read the police facts early. A claimed collision, or other aggravating wording that is simply wrong, can change how the court sees the matter. Ask for the facts to be amended before you plead.
- Don’t leave an agreed amendment to the morning of court. In NSW, a change of charge or facts may still need to go through a chain of command. Follow it up, because agreement from the officer is not always enough on its own.
- A prior major offence within 5 years changes the range. A low range drink driving conviction can make a later mid range PCA, and a later drive-while-suspended charge, a second offence, with a higher maximum including imprisonment.
- On conviction for a second mid range PCA, an alcohol interlock order is mandatory unless the court grants an exemption. The interlock path has a shorter initial disqualification (6 to 9 months) followed by a 24-month interlock period.
- Do the work before court. The Traffic Offenders Program, an apology letter and character references take time to organise. Start early.
- Disqualifications on more than one charge often run at the same time unless the court orders otherwise.
Talk to a Burwood DUI Lawyer
If you’ve been charged with mid range drink driving, driving while suspended or another traffic offence and your matter is listed at Burwood Local Court, or elsewhere in Sydney’s inner west, our Burwood DUI lawyers can help you prepare and can appear for you in person or by AVL. Our Burwood DUI lawyers page explains how we work at that court.
This is general information only, not legal advice. Every case is different, and past results don’t predict the outcome of any other matter.
Call 1300 941 900 or make an enquiry about legal representation at boormanlawyers.com.au.
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FAQs about this post
What is mid range PCA in NSW?
Mid range drink driving, which the Road Transport Act 2013 (NSW) calls middle range PCA, is driving with a blood alcohol concentration of 0.08 or more but less than 0.15. A reading of 0.087 sits in that range. It is an offence under section 110.
What is the penalty for a second mid range drink driving offence in NSW?
For a second or subsequent mid range PCA, the Judicial Commission of NSW Local Court Bench Book and the NSW Government list a maximum court fine of $3,300, a maximum of 12 months’ imprisonment, an automatic disqualification of 3 years and a minimum disqualification of 12 months on the ordinary scale, with no maximum disqualification. On conviction the court must also make a mandatory interlock order or an interlock exemption order. If a mandatory interlock order is made, the initial disqualification is 6 to 9 months, followed by a 24-month interlock period. A conviction for a major offence, or an alcohol or other drug related driving offence dealt with by penalty notice, within the previous 5 years counts for this purpose. The penalty in any case depends on its own facts.
What is the difference between driving while suspended and driving while disqualified in NSW?
They are different offences under section 54 of the Road Transport Act 2013 (NSW). Driving while disqualified is section 54(1). Driving while the licence is suspended, otherwise than for unpaid fines — including a demerit point suspension — is section 54(3). The maximum penalties and disqualification periods for those two offences sit on the same scale, but they remain different categories of offending. A suspension or cancellation for unpaid fines is a separate, lower-penalty offence under section 54(5).
What is the penalty for a second offence of driving while suspended in NSW?
For a second or subsequent offence of driving while suspended (other than for unpaid fines), the Judicial Commission and the NSW Government list a maximum court fine of $5,500, a maximum of 12 months’ imprisonment, a default disqualification of 12 months and a minimum disqualification of 6 months. A prior major offence within 5 years, such as a drink driving conviction, can make the charge a second offence. The penalty in any case depends on its own facts.
Is an alcohol interlock mandatory for a second mid range PCA in NSW?
On conviction, yes, unless the court makes an interlock exemption order. Mid range PCA is a mandatory interlock offence. For a second mid range offence the usual interlock path is an initial disqualification of 6 to 9 months, then a 24-month interlock period once the person is licensed again.
Does the Traffic Offenders Program help in a mid range or suspended driving matter?
The Traffic Offenders Program — officially the Traffic Offender Intervention Program — is a Local Court-based road safety education program for people who have pleaded guilty to, or been found guilty of, a traffic offence. Completing it is one way to show the court you have reflected on the offence. In this matter it was put before the court together with an apology letter and character references. Whether it makes a difference depends on the facts of each case. It is not a defence and it does not guarantee a particular outcome.
Do Burwood DUI lawyers appear in person at Burwood Local Court?
Boorman Lawyers appears at Burwood Local Court either in person or by audio-visual link (AVL), depending on the listing and the court’s directions. We’ll tell you early what applies to your matter, where the court is sitting, and whether you need to attend.
When should I speak to a Burwood drink driving lawyer?
As early as possible after you’re charged. The charge, the police facts, the Traffic Offenders Program, letters and other material all take time to organise before your court date. Early advice also helps you understand whether the matter is being treated as a first or subsequent offence, and whether an interlock order is likely to be in play.
Sources and date checked
Sources and references for this page, checked 11 Nov 2026.
- Judicial Commission of NSW – Local Court Bench Book: Road transport legislation
- Road Transport Act 2013 (NSW)
- NSW Government – Drink and drug driving penalties
- NSW Government – Licence and registration offences and penalties
- NSW Government – Alcohol Interlock Program
- NSW Department of Communities and Justice – Traffic offender intervention program
- Local Court of NSW – Court locations (Burwood)
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