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Dubbo DUI Lawyer Case Review: High Range PCA and a 7th Drink Driving Offence

By Joshua Boorman · · NSW posts

In shortIn this case review, Dubbo DUI Lawyer Joshua Boorman explains a high range PCA matter at Dubbo Local Court. The reading was 0.156 and it was our client’s seventh drink driving offence, although the last one was about 15 years earlier. The prosecution pressed for an intensive correction order. After a sentence case built on treatment, a traffic offender program, references and an apology, the court imposed a community correction order with 100 hours of community service, a 9-month disqualification, a 24-month interlock period and a $1,200 fine.

  • High range PCA (0.156) after a police stop for suspected speeding
  • Six prior drink driving offences, but a gap of about 15 years since the last
  • Outcome: CCO with 100 hours community service, 9 months’ disqualification, 24 months’ interlock and a $1,200 fine

NSW law · law checked 7 November 2026

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Case overview

Joshua Boorman recently appeared at Dubbo Local Court in the Central West of NSW on a high range PCA charge. On paper the offence looked like a standard high range matter. The reading was 0.156, just over the 0.15 high range threshold. What made it serious was the traffic record: this was our client’s seventh drink driving offence.

The prosecution asked for a custodial sentence in the form of an intensive correction order. We argued the matter should stay below the section 5 threshold, which is the point where a court decides that only imprisonment is appropriate. This post explains how the sentence case was prepared and what the court did. For how we appear at this court, see our Dubbo DUI lawyers page.

Watch the video: Dubbo DUI Lawyer Joshua Boorman outside Dubbo Local Court

Joshua Boorman explains this Dubbo Local Court matter (8:22). Every case is different. Past results don’t predict the outcome of any other matter.

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

Police pulled our client over because they suspected he was speeding. He returned a positive breath test and the final blood alcohol reading was 0.156. He was charged with high range PCA.

When he first called us, shortly after he was charged, he was not in a good way. As Joshua explains in the video, it was clear that our client had struggled with alcohol and his wellbeing for much of his adult life, and the charge came at a low point. That honesty shaped the whole approach. Rather than play down the history, we put a plan in place to deal with the causes of the offending and to show the court real change before the sentence date.

There was no collision and no one was hurt. But a reading above 0.15, together with a long drink driving history, meant a term of imprisonment was a genuine possibility.

High range PCA in NSW: the law and penalties

Driving with a high range prescribed concentration of alcohol (0.15 or more) is an offence under section 110(4) of the Road Transport Act 2013 (NSW). The penalties depend on whether the offence counts as a first offence or a second or subsequent offence. The Local Court Bench Book (LCBB 163, September 2026) sets out these figures:

  • First offence: maximum fine $3,300 and maximum 18 months’ imprisonment. Automatic disqualification 3 years, minimum 12 months. With a mandatory interlock order: minimum disqualification 6 months, maximum 9 months, then a 24-month interlock period.
  • Second or subsequent offence: maximum fine $5,500 and maximum 2 years’ imprisonment. Automatic disqualification 5 years, minimum 2 years. With a mandatory interlock order: minimum disqualification 9 months, maximum 12 months, then a 48-month interlock period.

High range PCA is a mandatory interlock offence. The court must make either a mandatory interlock order or, in very limited circumstances, an interlock exemption order (sections 209 to 212). An exemption is not available just because an interlock is unaffordable or would affect work, except for some first offences. See our page on NSW alcohol interlock laws.

The NSW Court of Criminal Appeal’s high range PCA guideline judgment (2004) 61 NSWLR 305 also matters at sentence. It says that for second or subsequent offences, more lenient options become less appropriate, and where moral culpability is increased, imprisonment of some kind is generally appropriate. Read more on our high range PCA guideline judgment page and our NSW drink driving penalties page.

Why the traffic record mattered

Our client had six prior drink driving offences. This was his seventh, and it was high range. On its face, that is the kind of record that puts a court on the path to imprisonment.

The key fact in his favour was time. His last drink driving offence was about 15 to 16 years earlier. That gap mattered in two ways:

  • At sentence. A long period without offending tells the court something about the person and the risk of re-offending. As Joshua says in the video, it was the main thing that kept our client out of jail.
  • For the statutory penalties. Under section 9 of the Road Transport Act 2013 (NSW), an offence is a “second or subsequent offence” only if there was an equivalent conviction within the re-offending period, which is generally 5 years. The penalties imposed here (9 months’ disqualification with a 24-month interlock period) sit within the first-offence interlock range in the Bench Book table.

That does not mean the old record was ignored. The court can still take the whole history into account when deciding what kind of sentence is appropriate. Here, the Local Court judge was clearly troubled by it.

How the sentence case was prepared

Joshua’s view is simple: a good plan only helps if the client follows it. Not every client does. To his credit, this client acted on everything that was recommended. The material put before the court included:

  • GP involvement and a treatment plan. Our client saw his GP and started treatment, and we obtained a report from the GP.
  • A psychologist’s report on his engagement with treatment, how he had responded, and a plan for ongoing treatment.
  • Alcoholics Anonymous attendance.
  • A traffic offender program. See our page on the NSW Traffic Offenders Program.
  • Character references from a family member and from people who knew him through work.
  • A letter of apology that showed insight into the offence.

Joshua was open with the court about our client’s history and the problems behind it. The aim was not to excuse the offence. It was to show that the causes were being treated, that there was evidence of real change, and that a non-custodial sentence with conditions could protect the community better than prison.

CCO or ICO: the argument

The sentence hearing was long. Joshua was on his feet for about 25 to 30 minutes, going back and forth with the Local Court judge on a range of issues.

The judge’s main concern was the pattern: when our client’s mental state was unstable, he turned to alcohol and then drove. Despite the long gap, he was back before the court on the same type of offence.

The prosecution pressed for an intensive correction order (ICO). An ICO is a sentence of imprisonment served in the community under section 7 of the Crimes (Sentencing Procedure) Act 1999 (NSW). Because it is a form of imprisonment, the court must first be satisfied under section 5 that no penalty other than imprisonment is appropriate.

We argued for a community correction order (CCO) under section 8, which is a non-custodial alternative to imprisonment, with conditions tailored to our client’s treatment and community service. In other words, we asked the court not to cross the section 5 threshold. In some cases a sentencing assessment report is part of that process.

The outcome

The Local Court judge only just agreed with us. As Joshua explains in the video, the court imposed:

  • a community correction order with conditions to perform 100 hours of community service, abstain from alcohol and continue treatment
  • a 9-month licence disqualification, backdated to when his licence was first suspended, so about 6 months were left to serve
  • a 24-month mandatory interlock period after the disqualification
  • a $1,200 fine

No term of imprisonment was imposed, including an ICO. For our client, that was a huge relief. Joshua says the bigger positive was what happened outside court: the steps taken for the case also helped our client get his health and life back on track. Whether that continues is now up to him.

This is one past result on its own facts. The outcome turned on the 15-year gap, the treatment evidence, the client’s follow-through, the submissions and the judge on the day. It should not be read as typical. Past results don’t predict the outcome of any other matter.

Practical lessons if you’re facing a repeat drink driving charge at Dubbo Local Court

  • Be honest about your history. The court will see your record anyway. Explaining it, and showing what you are doing about it, is usually more useful than minimising it.
  • Treatment evidence counts when it’s real. GP and psychologist reports carry weight when they show genuine engagement over time, not a last-minute appointment.
  • Start early. Treatment, a traffic offender program, references and an apology letter all take time to organise before your Dubbo Local Court date.
  • Know whether it’s a “second offence”. The 5-year rule in section 9 can change the maximum penalties, disqualification and interlock period. Get advice on how your record is counted.
  • Understand the section 5 threshold. On a serious repeat matter, the real argument is often whether the court must impose imprisonment (including an ICO) or can use an alternative such as a CCO.
  • Expect the interlock. High range PCA is a mandatory interlock offence, and exemptions are narrow.

Talk to a Dubbo Drink Driving Lawyer

If you’ve been charged with high range drink driving, or any drink or drug driving offence, and your matter is listed at Dubbo Local Court, our Dubbo DUI lawyers can help you prepare and can appear for you in person or by AVL. Our Dubbo DUI lawyers page explains how we work at that court. For penalty ranges, see NSW drink driving penalties.

This case review is general information only, not legal advice for your situation. 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 the penalty for high range drink driving in NSW?

High range PCA is driving with a blood alcohol concentration of 0.15 or more (section 110(4) of the Road Transport Act 2013 (NSW)). For a first offence the maximum is a $3,300 fine and 18 months’ imprisonment. Under the Local Court Bench Book table, the court must make a mandatory interlock order (or, in limited cases, an interlock exemption order). With an interlock order, the disqualification for a first offence is 6 to 9 months, followed by a 24-month interlock period. For a second or subsequent offence, the maximum is a $5,500 fine and 2 years’ imprisonment, with 9 to 12 months’ disqualification and a 48-month interlock period.

Is a 7th drink driving offence treated as a “second offence” in NSW?

Not always. Under section 9 of the Road Transport Act 2013 (NSW), an offence is a “second or subsequent offence” for the higher statutory penalties only if the person was convicted of an equivalent offence within the re-offending period, which is generally 5 years. An older record still matters a great deal at sentence, because the court looks at your whole history when deciding what penalty is appropriate. It just may not trigger the second-offence maximums and disqualification periods.

Will I go to jail for a repeat high range drink driving offence in NSW?

It is a real risk, and nobody can promise you an outcome. Under section 5 of the Crimes (Sentencing Procedure) Act 1999 (NSW), a court must not impose imprisonment unless it is satisfied, after considering all possible alternatives, that no penalty other than imprisonment is appropriate. The high range PCA guideline judgment also says sentences become more serious for repeat offenders. Preparation can help the court see the full picture, but the decision is the Local Court judge’s.

What is the difference between a CCO and an ICO?

A community correction order (CCO) under section 8 of the Crimes (Sentencing Procedure) Act is a non-custodial sentence imposed instead of imprisonment. It can carry conditions such as community service work. An intensive correction order (ICO) under section 7 is a sentence of imprisonment served in the community. Because an ICO is a form of imprisonment, the court must first decide under section 5 that no penalty other than imprisonment is appropriate.

Is the habitual traffic offender scheme still used in NSW?

No. The habitual traffic offender provisions were repealed with effect from 28 October 2017, according to the Local Court Bench Book. People declared under the old scheme may still apply to have a declaration quashed.

Do you appear at Dubbo Local Court?

Yes. Boorman Lawyers appears at Dubbo Local Court in person or by audio-visual link (AVL), depending on the listing and the court’s directions. We don’t have an office in Dubbo. We’ll tell you early how your matter will run and whether you need to attend.

Sources and date checked

Sources and references for this page, checked 7 November 2026 (Brisbane time).

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