Joel Edward Tongue spared conviction for mid-range drink-driving

Joel Edward Tongue, 26, was driving in a gold Toyota Avalon east on Wingewarra Street when he was pulled over by police for a random breath test, about 2.24am on December 18 last year.

Tongue told police he had consumed almost 10 vodka lemonades between 7.30pm and 1.30am that morning.

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After he returned a positive breath test he was arrested and taken to Dubbo Police Station, where a alcohol breath analysis provided a reading of 0.135 - between two and three times the legal limit.

In Dubbo Local Court last Wednesday, defence lawyer Tim Cullenward pleaded guilty on Tongue's behalf to mid-range drink-driving.

Mr Cullenward said his client was very aware of the implications for his "moronic decision" to drive while intoxicated, and realised he should have caught a taxi home.

"He's very embarrassed and certainly remorseful," he said.

Mr Cullenward said Tongue was someone who was unlikely to come before the court again, and had a strong need for a licence due to work.

"The disqualification will not be the issue, it will be his employer's lack of willingness to install an interlock device," Mr Cullenward told the court.

"There's a need for a licence he travels a lot, he's actively involved in sport, and he's a competitive ballroom dancer."

Magistrate Theresa Hamilton said while it was a relatively high reading for the mid-range, due to his early plea, complete lack of criminal history and pro-social standing in the community he could be afforded a non-conviction.

"I note he was pulled up for a random breath test in the early hours of the morning ... he was cooperative with police and made admissions he had been drinking over a period of time," she said.

"He's had his licence since 2012 and has never had any other drink-driving matter.

"I think I could form the view that this was a serious mistake that was out of character."

Tongue was spared a conviction but placed on a conditional release order to be of good behaviour for 15 months.

"I'm sure he understands he's been given this opportunity, but it's very unlikely he will be given a similar one again," Magistrate Hamilton said.