A court has heard a woman busted drink-driving was behind the wheel of a car because of a drunken argument with her boyfriend, which led to her 'fearing for her safety'.
Elizabeth Margaret Denison, 25, had been drinking at the Commercial Hotel before getting behind the wheel of a car about 12.20am on December 12.
Police were patrolling Birch Avenue, when they spotted Denison speeding in a silver Holden ute before she was pulled over, court documents revealed.
Denison, who police said had bloodshot and watery eyes, blew a positive roadside alcohol test, before she was arrested and taken to Dubbo Police Station where a breath analysis revealed a mid-range reading of 0.092.
The 25-year-old told police she had consumed six, seven ounce glasses of Captain Morgan rum and coke.
Supported by her mother in Dubbo Local Court, Denison pleaded guilty to mid-range drink-driving.
Defence lawyer Thomas Eckersley tendered two character references in court, and said his client had begun drinking at the Commercial Hotel at 6.30pm, however by 8.30pm had entered an argument with her now ex-partner.
He said their "progressive argument" had caused Denison to "fear for her safety" and leave the pub.
"It started off with minor inappropriate comments being made towards my client, but it then escalated from there the more intoxicated he became," Mr Eckersley said.
"The behaviour toward my client became more aggressive, and she started to fear for her safety.
"In the moment, I'm instructed, she decided her safest option was to leave the pub."
Magistrate Gary Wilson however questioned why it took Denison four hours to eventually "fear for her safety" and decide to leave.
Magistrate Wilson said Denison was not going to be afforded the "benefit of further leniency from the court", after it heard the 25-year-old had previously been charged with low-range drink-driving, which was dismissed a few years earlier.
Having been previously been charged with the same offence, you should have been acutely aware of drink-drivingMagistrate Gary Wilson
"Having been previously been charged with the same offence, you should have been acutely aware of drink-driving," Magistrate Wilson said.
"You were afforded the benefit of the section 10 previously, under circumstances that were put before the court because you were low-range, and here you are only a couple of years later, back with mid-range."
Magistrate Wilson told Denison the maximum penalty for this offence was up to nine months in prison, and said while there were no aggravating factors, she made a "conscious choice" to drive herself, when she knew she was well-affected by alcohol.
"You must have known the amount you had drunk that evening," he said.
"People always write in these references about how they regret making bad decisions, that's what it says here.
"It's a conscious decision, people make it all the time. They think they can get away from it, think that they can get home, usually they don't."
Denison was suspended from driving for four months, backdated to December 12, fined $500 and ordered to install an interlock device for 12 months.
"Beware if you come back a third time at your age, you'll potentially face a jail sentence," Magistrate Wilson said.