NEW SOUTH WALES

Queanbeyan DUI Lawyers Case Review: Fourth PCA Offence After a Rollover Crash

By Joshua Boorman · Published · NSW posts

In shortOur Queanbeyan DUI lawyer, Joshua Boorman, appeared at Queanbeyan Local Court for a man charged with his fourth PCA offence after he crashed and rolled his car on an isolated regional road, with a hospital reading of 0.191. The prosecution pushed for an intensive correction order. After submissions on the long gap since his last offence, the Traffic Offenders Program, medical evidence and the serious injuries he suffered, the court imposed a community correction order instead.

  • High reading of 0.191 after a single-vehicle rollover crash
  • Three prior PCA offences, the last in 1998
  • Outcome: 18-month community correction order, 9 months’ disqualification, 24-month interlock, no fine

New South Wales law · law checked 2 Nov 2026

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Case overview

Joshua Boorman recently appeared at Queanbeyan Local Court, on the New South Wales side of the border with the ACT, for a client facing a very serious drink driving matter. Our client had crashed and rolled his car on an isolated regional road. He was airlifted to hospital with severe injuries and spent time in a coma in intensive care. A blood alcohol reading of 0.191 was taken at the hospital.

Two features made the matter especially difficult. The first was the crash itself: a high reading combined with a serious single-vehicle accident. The second was his record. This was his fourth PCA (prescribed concentration of alcohol) offence. He had three earlier drink driving offences between 1990 and 1998. Because of that history, the prosecution pushed hard for an intensive correction order, which is a sentence of imprisonment served in the community.

This post is a case review. For practical information about the court itself, sitting days and how we appear there, see our Queanbeyan DUI lawyers page. Below, we focus on how this matter was prepared and what was put to the court.

Watch the video: Joshua outside Queanbeyan Local Court

Joshua Boorman explains this Queanbeyan Local Court matter (6:24). Every matter 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

Our client had driven into regional New South Wales and spent time socialising. His memory of what followed is very limited because of his injuries, but he accepts that he drank far too much and then got behind the wheel.

On an isolated regional road he lost control, hit a tree and rolled the car. The vehicle was written off. No other vehicle was involved and there were no passengers, which Joshua described as something to be very thankful for.

Our client’s injuries were severe. He suffered multiple serious fractures, including a head injury. He was airlifted to hospital and woke from a coma in intensive care about a week later. His head injury left him with amnesia covering the period around the crash. Because he was taken straight to hospital, his blood alcohol reading of 0.191 was obtained there rather than by a roadside breath test.

In the months between the crash and the sentence, he had been unable to work and was still recovering.

The offence and the relevant NSW law

In New South Wales, a high range PCA is a blood alcohol concentration of 0.15 or more. A reading of 0.191 falls well within that band. PCA offences are found in the Road Transport Act 2013 (NSW).

According to Transport for NSW, a first high range PCA offence carries a maximum court-imposed fine of $3,300 and up to 18 months’ imprisonment. A second or subsequent offence carries up to $5,500 and 2 years’ imprisonment. Transport for NSW describes a subsequent offence as one where you have been convicted of the same or a similar offence before, and it refers to a 5-year period for repeat drink driving offences. How older convictions are counted for penalty purposes depends on the legislation and your record, so it’s worth getting advice early.

A high range PCA is also a mandatory interlock offence. The court must make an alcohol interlock order: a period of disqualification, followed by a period on an interlock licence, where the car can’t be started until the driver gives a zero-alcohol breath sample into a device fitted to the vehicle. Transport for NSW lists the periods for a high range PCA as:

  • First offence: 6 to 9 months’ disqualification, then a 24-month interlock period
  • Second or subsequent offence: 9 to 12 months’ disqualification, then a 48-month interlock period

For more detail, see our guides to high range drink driving in NSW, NSW drink driving penalties and NSW alcohol interlock laws.

Why the prosecution wanted an intensive correction order

In NSW the Crimes (Sentencing Procedure) Act 1999 gives the court a range of sentencing options. Two of them were in play here:

  • Intensive correction order (ICO). This is a sentence of imprisonment that the court directs be served in the community rather than in custody. It comes with strict conditions and supervision. Community safety is the paramount consideration when the court decides whether to make one.
  • Community correction order (CCO). This is made instead of a sentence of imprisonment. It is a less severe order, usually with a condition to be of good behaviour, and can last up to 3 years.

The prosecution’s argument was straightforward. A high reading, a serious crash and a fourth PCA offence in his lifetime, in its view, justified a sentence of imprisonment, served by way of an ICO. Our job was to show the court why it could take a step back from that.

How the matter was prepared and what was put to the court

Joshua did not shy away from the record. Instead, he put it in context and gave the court real material to work with. The key pieces were:

  • The long gap since the last offence. His three earlier PCA offences were all between 1990 and 1998, when he was much younger. For almost three decades since, he had lived a law-abiding life, settled down and built a working life. As Joshua put it, people often mature and their record improves over time.
  • A completed Traffic Offenders Program. Our client took part in the program before sentence. Read more about the NSW Traffic Offenders Program.
  • Medical evidence. Medical certificates set out the extent of his injuries and the long recovery ahead.
  • Extra-curial punishment. This means hardship an offender suffers as a result of the offence itself, outside the court’s sentence. Here it included his severe injuries, months off work, the financial impact of that, and the loss of his car.
  • A sentence assessment report. The report found him unsuitable for community service work because of his physical limitations.
  • His attitude and cooperation. The court took into account how he had approached the process.

No one else was hurt, and the injuries were his own. That didn’t make the offence any less serious, and Joshua was careful not to suggest it did. It did, however, mean the court could weigh the real consequences he had already suffered.

The outcome

The court accepted our submissions that, given the long time since his last PCA offence, the steps he had taken, the significant extra-curial punishment and his attitude and cooperation, it could step back from an intensive correction order. As Joshua explains in the video, the court imposed:

  • an 18-month community correction order on standard conditions
  • a 9-month disqualification
  • a 24-month interlock period, which Joshua described as the mandatory minimum
  • no fine

It was a significant result for our client, given the prosecution’s position. It is one past result, though. Every matter turns on its own facts, the client’s record and the magistrate on the day, and this outcome should not be read as typical. Past results don’t predict the outcome of any other matter.

Practical lessons if you’re facing a similar charge at Queanbeyan

  • Take a high reading with a crash seriously. A high range PCA combined with a crash is an aggravated matter, and imprisonment, including an intensive correction order, can be on the table.
  • Old priors still matter. Even offences from decades ago will be on your record, and the prosecution can rely on them. A long, clean gap since then is something your lawyer can put to the court.
  • Gather evidence early. Medical reports, employment and financial material, and a Traffic Offenders Program all take time to organise before your court date.
  • Be ready for a sentence assessment report. If the court is considering an ICO or community service, it may order a report. Your circumstances, including health, can affect what is suitable.
  • Plan for the interlock period. After the disqualification, you’ll need an interlock licence and a device fitted to your car. Budget for it early.
  • Check how your record is treated. Whether a charge counts as a second or subsequent offence affects the penalty range. See our NSW drink driving offences guide.

Talk to Queanbeyan drink driving and drug driving lawyers

If you’ve been charged with drink driving or drug driving and your matter is listed at Queanbeyan Local Court, Boorman Lawyers can help you prepare and can appear for you in person or by AVL. Our Queanbeyan DUI lawyers page explains how we work at that court. If your charge involves drugs, see our guide to NSW drug driving offences and 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.

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FAQs about this post

Is 0.191 a high range PCA in NSW?

Yes. Transport for NSW describes a high range PCA as a blood alcohol concentration of 0.15 or more. A reading of 0.191 is in that band, which is the most serious of the PCA categories.

Do drink driving offences from the 1990s count as prior offences?

They stay on your record and the court can see them when deciding the sentence. Whether they make the new charge a “second or subsequent offence” for penalty purposes is a separate question. Transport for NSW refers to a 5-year period for repeat offences, so very old matters may not change the penalty tier, but they can still be raised by the prosecution. Get advice on how your own record is treated.

What is the difference between an intensive correction order and a community correction order?

An intensive correction order (ICO) is a sentence of imprisonment that the court directs be served in the community, with strict conditions. A community correction order (CCO) is made instead of a sentence of imprisonment and is a less severe order with conditions such as good behaviour. Both are under the Crimes (Sentencing Procedure) Act 1999 (NSW).

Is an interlock order mandatory for a high range PCA?

Yes. A high range PCA is a mandatory interlock offence in NSW. For a first high range offence, Transport for NSW lists a disqualification of 6 to 9 months followed by a 24-month interlock period. The periods are longer for a second or subsequent offence.

Do I need to appear in person at Queanbeyan Local Court?

It depends on the matter and the court’s directions. Boorman Lawyers appears at Queanbeyan Local Court in person or by audio-visual link (AVL), depending on the listing. We’ll tell you what applies to your matter.

Sources and date checked

Sources and references for this page, checked 2 Nov 2026.

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