A 35-year-old former Dubbo resident sent to jail for repeatedly getting behind the wheel while he was drunk says the sentence handed down was too severe.
Drew Phillip Irwin, who a court heard now resides in Molong, was sentenced to nine months in jail last week with a non-parole period of six months.
Police caught him trying to avoid a random breath test (RBT) on February 2, while he was driving his ute around Dubbo drunk.
When police did get him to do the breath test, Irwin was found to have almost four times the legal limit of alcohol in his blood while he was driving.
In court last week Irwin's lawyer said his client was drinking on an empty stomach because he got to the Western Star hotel earlier in the day at 3pm and couldn't get a counter lunch.
Irwin wasn't driving erratically, he struggled living with bipolar disorder and was "in a rut...hanging out with the wrong crowd" when he was caught drink driving, the lawyer told the court.
Given the seriousness of the offence and number of times you've offended I'm only left with one option and that is to consider a full-time custodial sentence.Magistrate Gary Wilson.
Irwin had three prior drink driving offences, was supported by his partner and pleaded guilty at the earliest opportunity, the court heard.
"You noticed an RBT and took evasive action to avoid that," Dubbo Local Court Magistrate Gary Wilson told Irwin.
"A message has to be sent to the community that drink driving is not to be tolerated," he said.
"Given the seriousness of the offence and number of times you've offended I'm only left with one option and that is to consider a full-time custodial sentence".
Immediately after Magistrate Wilson handed down the jail sentence, Irwin launched a severity appeal and was granted unconditional appeals bail.
The appeal will be heard in the District Court on August 20.