In shortOur Waverley DUI lawyer, Joshua Boorman, appeared at Waverley Local Court for a man in his 30s charged with a combined mid-range drink and drug driving offence, with earlier drug driving matters on his record. With an early guilty plea, an apology letter and a completed Traffic Offenders Program, the court imposed the minimum disqualification available to it, backdated, plus a modest fine and a mandatory interlock period.
Combined offence: mid-range PCA plus cocaine present
Prior record conceded openly to the court
Outcome: minimum disqualification available, backdated, plus a 24-month interlock period
Joshua Boorman recently appeared at Waverley Local Court, in Sydney’s Eastern Suburbs just down the road from Bondi Junction, for a client facing a matter he described as “relatively serious”. The charge was a combined drink and drug driving offence: a mid-range prescribed concentration of alcohol (PCA) together with a prescribed illicit drug, cocaine, present in the client’s system.
Two things made the matter harder. First, NSW treats driving with both alcohol and an illicit drug in your system more seriously than either offence on its own. Second, our client was not a first-time offender. He had earlier drug driving matters on his record within the past five years, and a much older mid-range drink driving offence. As Joshua put it in the video, it was “not his first rodeo”.
This post is a case review. If you need practical information about the court itself, what happens on the day and how we appear there, see our Waverley DUI lawyers page. Below, we focus on how this particular matter was prepared and what was put to the court.
Watch the video: Joshua outside Waverley Local Court
Joshua Boorman explains this Waverley Local Court matter (8:16). 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 on the day
Our client is a man in his 30s who works full-time. On a weekend afternoon, after an argument at home, he drove to a local hotel and drank several schooners of beer. He then got back in his car to drive home.
Joshua made a point in the video that’s worth repeating: drinking at a pub is not illegal. What turns it into a criminal traffic offence is getting behind the wheel afterwards. Our client accepted that this was a poor decision made while he was upset, and that being upset was no excuse.
In Joshua’s experience, police often keep an eye on hotel and pub car parks and pull over drivers as they leave. That’s what happened here. Police saw our client walk out of the hotel, get into his car and drive off. He was stopped for a random breath test a short distance down the road. There was nothing about his manner of driving that aggravated the offence, and no passengers were put at risk.
His breath analysis reading was at the upper end of the mid-range band. A roadside drug test then returned a positive result for cocaine, which he said he had used several days earlier.
The offence and the relevant NSW law
In New South Wales, a mid-range PCA means a blood alcohol concentration of 0.08 or more but less than 0.15. Driving with a prescribed illicit drug present in your oral fluid, blood or urine is a separate offence. Since 28 June 2021, NSW has also had a combined offence for driving with a mid-range (or high-range) PCA and a prescribed illicit drug present at the same time. Both offences are found in the Road Transport Act 2013 (NSW).
According to Transport for NSW, a first combined mid-range offence carries a maximum court-imposed fine of $3,300 and up to 18 months’ imprisonment, and a second or subsequent combined offence carries up to $6,600 and two years. The combined offence is also a mandatory interlock offence. That means 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.
Transport for NSW lists the interlock periods for a combined mid-range offence as:
First offence: 3 to 6 months’ disqualification, then a 12-month interlock period
Second or subsequent offence: 6 to 9 months’ disqualification, then a 24-month interlock period
How the matter was prepared and what was put to the court
With a record like our client’s, there was no point pretending the history wasn’t there. Joshua’s approach was to put the problems with the traffic record squarely on the table and then give the court real reasons to impose the lower end of what was available. The key pieces were:
An early plea of guilty. Our client took responsibility at the first realistic opportunity.
A well-written letter of apology. The letter showed insight into why his decision was dangerous and genuine remorse, not just regret at being caught.
Personal circumstances. The court heard that our client and his partner had been through a very difficult period of personal loss over the previous year and a half. Joshua was careful to present this as context for the court, not an excuse.
The practical effect of losing his licence. His work requires him to travel between different work sites. Since his licence was suspended at the roadside he had relied on public transport and had paid someone to drive him to jobs.
A completed Traffic Offenders Program. Surprisingly, given his record, he had never done one before. The program had confronted him with real stories about the consequences of drink and drug driving. Read more about the NSW Traffic Offenders Program.
Our client also attended court in person and presented with contrition, which matters when a magistrate is deciding how much weight to give to what’s in the written material.
The outcome
As Joshua explains in the video, the court:
imposed a 6-month disqualification, which Joshua described as the minimum period available in this matter
backdated the disqualification to the day of the offence, so the time our client had already spent off the road counted, leaving a little over three months to go
imposed a modest fine, well below the maximum
made the mandatory interlock order, which includes a 24-month interlock period. As Joshua notes, this is set by legislation and the court has very little discretion about it.
Given the combined nature of the charge and his prior record, it was a positive result for our client. It is one past result, though. Every matter turns on its own facts, the client’s record and the magistrate on the day, and past results don’t predict the outcome of any other matter.
Practical lessons if you’re facing a similar charge at Waverley
Take a combined charge seriously. Penalties for a combined drink and drug driving offence are higher than for either offence alone, and the interlock order is mandatory.
Don’t hide your record. The court will have your traffic history. Acknowledging it honestly makes your mitigation more credible.
Start your preparation early. A Traffic Offenders Program, a thoughtful apology letter and character or employment material all take time to organise before your court date.
Explain the real impact of a licence loss. Concrete evidence about work and travel carries more weight than general statements.
Ask about backdating. If your licence was suspended at the roadside, ask your lawyer whether the court may take that time into account.
Plan for the interlock period. Once you’re disqualified, you’ll need to apply for an interlock licence and have a device fitted. Budget for it early.
Talk to Waverley drink driving and drug driving lawyers
If you’ve been charged with drink driving, drug driving or a combined offence in the Eastern Suburbs and your matter is listed at Waverley Local Court, Boorman 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, and our NSW drink driving offences guide covers each offence category.
This case review is general information only, not legal advice for your situation. Past results don’t predict the outcome of any other matter.
Call 1300 941 900 or make an enquiry about legal representation.
What is a combined drink and drug driving offence in NSW?
Since 28 June 2021, NSW has had an offence for driving with a mid-range or high-range alcohol reading and a prescribed illicit drug present in your system at the same time. It carries heavier penalties than separate drink or drug driving offences and is a mandatory interlock offence.
Is an alcohol interlock order mandatory for a combined mid-range offence?
Yes. Transport for NSW lists the combined mid-range offence as a mandatory interlock offence. The court sets a disqualification period within the legislated range, and an interlock period follows. That’s 12 months for a first offence and 24 months for a second or subsequent offence.
Can my disqualification be backdated?
In this matter, the court backdated the disqualification to the day of the offence, so time already spent off the road counted. Whether that’s available depends on your circumstances, so raise it with your lawyer before court.
Does a Traffic Offenders Program help at sentence?
Completing a Traffic Offenders Program can show the court that you have taken steps to understand the risks of your driving. In this case it was one of several factors Joshua put to the court. It doesn’t decide the outcome on its own.
Do I need to appear in person at Waverley Local Court?
It depends on the matter and the court’s directions. Boorman Lawyers appears at Waverley Local Court either in person or by audio-visual link (AVL). We’ll tell you what applies to your matter.
Sources and date checked
Sources and references for this page, checked 2 Nov 2026.
