Luke Paul Mullineaux, 35, convicted in Bathurst Local Court after pleading guilty to high-range drink-driving

Luke Paul Mullineaux, 35, of Taylor Street, Eglington, was convicted in Bathurst Local Court on January 12 of high-range drink-driving after he pleaded guilty to the charge at an earlier date.

Mullineaux was behind the wheel of a red Subaru Forester travelling along Bradwardine Road in Windradyne about 1.50am on July 31 last year.

Police stopped Mullineaux on Richardson Street shortly after he turned off Bradwardine Road and exited Larkin Street.

Mullineaux was subject to a roadside breath test which came back positive for alcohol.

The court heard Mullineaux got out of his vehicle and staggered over to the kerb, and was noticeably unsteady on his feet. Police said Mullineaux was also slurring his speech.

He was arrested and taken to Bathurst Police Station where he returned to a second positive breath test for alcohol of 0.177.

Mullineaux's defence solicitor, Ms Theobald, submitted to the court that her client had "quite a dramatic life" following the death of his mother some years ago and the death of his father, which occurred days before the offence was committed.

"His father-in-law had to get home ... and he made a very poor decision to drive," Ms Theobald said.

Ms Theobald also brought to the court's attention the fact her client, since the incident and completing the MERIT program, had "substantially" dropped his number of alcoholic drinks from 40 a week to a few a day.

Magistrate Elizabeth Ellis said although there was nothing about Mullineaux's driving that caught the attention of police, it was merely "good luck" that something "worse" didn't occur.

"It's how we deal with difficulties that makes the difference between someone coming to court and someone living a positive life," Magistrate Ellis said.

"Drowning your sorrows is not the right choice."

Mullineaux was convicted and disqualified from driving for six months.

Once the suspension period is complete, he must have an alcohol interlock device installed on his vehicle for 24 months.

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