Peter William O'Brien, 35, of Molong Road, Orange, appeared before magistrate Catherine Follent charged with mid-range PCA.

His solicitor, Mr Hill, told the court the matter was a "morning-after offence" and his client was pulled over as part of random breath-testing by police.

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Mr Hill said his client was not a man prone to drink driving and, as part of his employment, travels all over the state.

He said O'Brien had strong community ties and at the time of being stopped by police was on his way to volunteer for Blaze Aid. He said his client would lose his job if he lost his licence.

When asked if there was evidence to support this, Mr Hill said it was in a letter written by his employer, handed to the court.

He said his client had learned a salient lesson and said he didn't think his client would be back before the court again.

Police facts tended to the court outlined how O'Brien was pulled over by police on the Sydney Road, Kelso at 8.58am on January 23, 2020.

He returned a positive roadside breath test and later recorded 0.087 at Bathurst Police Station.

He told police he started drinking at 7.30pm the previous evening and finished his last drink at 10.30pm, drinking six to seven 375ml cans of Great Northern mid strength beer and two glasses of red wine at the Elton John concert.

Ms Follent dealt with the matter by way of a two-year community release order without conviction.

She noted the circumstances that led to the offence, which she said was in the low range of seriousness compared with similar offences of that type.

She also noted O'Brien had no prior criminal record, and references tendered spoke highly of him.

She said the principal of general deterrence can still be given proper effect with a two-year community release order without conviction.