NEW SOUTH WALES

Waverley Drink Driving Lawyer Case Review: High Range PCA and a Crash at 0.240

By Joshua Boorman · · NSW posts

In shortIn this case review, Waverley Drink Driving Lawyer Joshua Boorman explains a first offence high range PCA finalised at Waverley Local Court. Our client crashed into another car the morning after a big night and returned a reading of 0.240 at about 9.30am. A second charge of driving while suspended for unpaid fines was also before the court. We conceded the matter was aggravated, applied for an interlock exemption and argued against a custodial sentence. The court imposed an $880 fine, a 12-month disqualification backdated to the offence, an interlock exemption order, and a conditional release order without conviction on the suspended licence charge.

  • High range PCA, first offence: 0.240 at 9.30am, with a collision and no injuries
  • Drive while suspended (fine default), dealt with alongside it
  • Outcome: no custodial sentence, $880 fine, 12 months’ disqualification, interlock exemption granted

NSW law · law checked 4 Nov 2026

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Drink Driving Lawyer outside Waverley Courthouse
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Case overview

Joshua Boorman recently appeared at Waverley Local Court in Sydney’s eastern suburbs on a high range drink driving matter that was serious by any measure. Our client recorded 0.240, well above the 0.15 threshold for high range, after crashing into another vehicle on the way to get breakfast.

The offence happened on the NSW North Coast. Pleas of guilty were entered at Ballina Local Court, and the matter was then transferred to Waverley Local Court for convenience, where it was listed for sentence and finalised on the day.

This is the second Waverley case review we’ve published this month. The earlier Waverley case review dealt with a combined mid-range drink and drug driving charge with a prior record. This one is different: a first offence high range PCA with a crash, an aggravated matter under the guideline judgment and an interlock exemption application. For information about the court itself and how we appear there, see our Waverley DUI lawyers page.

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

Joshua Boorman explains this Waverley Local Court matter. Every case is different. Past results don’t predict the outcome of any other matter.

What happened

The day before the offence, our client made an impulsive decision to buy a car that was for sale in the area. That night they went out with friends to celebrate the purchase, drank a large amount of alcohol and went to bed at around 4am.

After four or five hours’ sleep, our client got into the new car and drove down the road to get breakfast. On the way, they crashed into another vehicle. Thankfully, neither driver was injured.

Police attended and conducted a breath test. The reading was 0.240 at about 9.30am. As Joshua says in the video, it must have been a huge night, and our client should have known they were unfit to drive. They were arrested and cooperated fully with police.

Our client was charged with high range PCA (first offence). It also turned out, without our client knowing, that their licence was suspended because of unpaid fines, so a second, less serious charge of driving while suspended (fine default) followed.

Both cars were written off, and our client won’t be covered by insurance for the damage. That cost will fall on them, on top of whatever the court imposed.

High range drink driving in NSW: the law and penalties

Under section 110 of the Road Transport Act 2013 (NSW), it is an offence to drive with a prescribed concentration of alcohol (PCA). High range is 0.15 grams of alcohol in 100 millilitres of blood or more. The Judicial Commission of NSW Local Court Bench Book lists these penalties for a first offence high range PCA:

  • maximum fine: $3,300
  • maximum imprisonment: 18 months
  • automatic disqualification: 3 years; minimum disqualification: 12 months
  • if a mandatory interlock order is made instead: a disqualification of at least 6 months (and no more than 9 months), then a 24-month interlock period

High range PCA is a mandatory interlock offence. When the court convicts, it must make either a mandatory interlock order or an interlock exemption order.

For driving while suspended under section 66 of the Fines Act 1996 (fine default suspension), section 54(5) of the Road Transport Act carries a maximum fine of $3,300 for a first offence, with no imprisonment, and an automatic disqualification of 3 months (minimum 1 month) if convicted.

See our pages on drink driving penalties in NSW and drink driving offences in NSW for the wider picture.

Why this was an aggravated high range PCA

In NSW, the Court of Criminal Appeal’s high range PCA guideline judgment (2004) guides Local Courts on sentencing these offences. It describes an “ordinary” high range offence and lists factors that increase the offender’s moral culpability. Two of those factors were plainly present here:

  • the degree of intoxication above 0.15: a reading of 0.240 is well above the high range threshold
  • a collision between the vehicle and another vehicle

The guideline judgment says that where a number of aggravating factors are present to a significant degree, a sentence less than imprisonment is generally inappropriate. It is a guide, not a rule the court must follow, but it frames the sentencing exercise.

Joshua was upfront with the court. He conceded that this was not an ordinary case and that it was aggravated by both the reading and the crash. Being candid about that gave the rest of the submissions more weight. Read more on our high range PCA guideline judgment page.

The interlock exemption application

Our client told us they had no intention of driving again. The crash had frightened them off driving, they get around by public transport and rideshare, and they had no need for a car.

On that basis we applied for an interlock exemption order under section 212(3)(a) of the Road Transport Act 2013 (NSW). That ground requires the offender to prove to the court’s satisfaction that they don’t have access to a vehicle in which to install an interlock device. Under section 212(4), “access” includes being the registered operator, owner or part owner of a vehicle, or sharing its use.

The trade-off is important. If an exemption is made, the interlock program doesn’t apply, but a disqualification period under section 205 applies instead. For a first offence high range PCA that means a minimum of 12 months off the road, rather than 6 to 9 months off the road followed by 24 months on an interlock. For someone who doesn’t want to drive, that can make sense. For most people who need their licence, it won’t. Our page on how the NSW interlock system works and what it costs explains the program.

How the matter was prepared for sentence

No sentence assessment report had been ordered at Ballina. We went to Waverley expecting that the court might order one, so our client could be assessed for community-based options other than a custodial sentence.

The material put before the court included:

  • Traffic Offenders Program. Our client completed the program before sentence. See our page on the NSW Traffic Offenders Program.
  • A letter of apology.
  • Character material. A letter from a family member and two references from work colleagues.
  • Background on our client’s work, so the court understood who they were and what they do.
  • Traffic history. One speeding offence in about 30 years of holding a licence, and no other convictions.
  • Extra-curial punishment. Both cars were written off and our client wasn’t insured for the loss.

Having looked at the facts and the record, the court decided it could finalise the matter that day without a sentence assessment report. Joshua then pushed for the court to step back from the section 5 threshold of the Crimes (Sentencing Procedure) Act 1999 (NSW), which requires a court to be satisfied that no penalty other than imprisonment is appropriate before imposing a prison sentence. Given the reading and the crash, a custodial sentence was within range.

The outcome

The court agreed not to impose a custodial sentence. The Local Court judge acknowledged our client’s long, good record and the steps taken since the offence, but also gave a stern warning about what could have happened that morning.

On the high range PCA, the court imposed:

  • an $880 fine (the maximum is $3,300)
  • an interlock exemption order
  • a 12-month licence disqualification, backdated to the date of the offence about two months earlier, leaving roughly 10 months until our client can apply for a new licence

On the drive while suspended charge, the court made a conditional release order for 12 months without conviction under section 9(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW).

Joshua describes this as a very good result. He had told our client beforehand exactly what could happen, and he has seen other high range matters receive much heavier penalties. This outcome reflected a strong record, real steps taken before court and an honest approach to the aggravating features. It should not be read as typical. Every case is different, and past results don’t predict the outcome of any other matter.

Practical lessons if you’re facing high range drink driving charges at Waverley Local Court

  • The morning after counts. Four or five hours’ sleep after a heavy night won’t necessarily bring you under the limit. Here the reading was 0.240 at 9.30am.
  • A crash changes the case. A collision is one of the guideline judgment’s aggravating factors and can put imprisonment within range, even on a first offence.
  • Be honest about aggravating features. Conceding what can’t be argued keeps the court focused on what can.
  • The interlock exemption isn’t a shortcut. It is only available on narrow grounds and usually means a longer disqualification.
  • Check your licence status. Unpaid fines can lead to a suspension you don’t know about, and a second charge.
  • Start preparing early. The Traffic Offenders Program, references and an apology letter take time to organise.

Talk to a Waverley Drink Driving Lawyer

If you’ve been charged with high range drink driving in NSW and your matter is listed at Waverley Local Court, or elsewhere in Sydney, our Waverley DUI lawyers can help you prepare and can appear for you in person or by AVL. Our Waverley 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 the maximum penalty for a first offence high range drink driving charge in NSW?

For a first offence of high range PCA (0.15 or more) under section 110 of the Road Transport Act 2013 (NSW), the Judicial Commission of NSW Local Court Bench Book lists a maximum fine of $3,300 and up to 18 months imprisonment. The automatic disqualification is 3 years and the minimum is 12 months, unless a mandatory interlock order is made, in which case the disqualification is a minimum of 6 months and a maximum of 9 months, followed by a 24-month interlock period.

Can I get out of the interlock program in NSW?

Only in limited cases. Under section 212 of the Road Transport Act 2013 (NSW), the court can make an interlock exemption order if you prove you have no access to a vehicle to install a device in, or have a diagnosed medical condition that stops you using one. For some first offences, including high range PCA, severe hardship can also be a ground. If an exemption is made, a disqualification period under section 205 applies instead, and it is usually longer.

Does a crash make a high range PCA more serious?

Yes. The NSW high range PCA guideline judgment lists a collision with another vehicle or object as one of the factors that increase moral culpability, along with the level of intoxication above 0.15. When those factors are present to a significant degree, the court may consider a sentence of imprisonment, so preparation matters.

Can I be over the limit the morning after drinking?

Yes. In this matter the reading was 0.240 at about 9.30am, after a night of heavy drinking and only four or five hours of sleep. Alcohol takes time to leave your body, and sleep doesn’t speed that up. If you drank heavily the night before, don’t assume you are fit to drive the next morning.

Can my matter be moved to Waverley Local Court?

In this matter, pleas of guilty were entered at Ballina Local Court and the matter was then transferred to Waverley Local Court for convenience, where it was finalised. Whether a transfer is suitable depends on your circumstances and the court’s directions.

Do your Waverley DUI lawyers appear in person?

Boorman Lawyers appears at Waverley Local Court 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 and whether you need to attend.

Sources and date checked

Sources and references for this page, checked 4 Nov 2026.

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