Cherie Spanhel faces Orange Local Court for high-range drink-driving after downing VB long neck

Cherie Anne Spanhel, 28, of Discovery Drive, pleaded guilty to high-range drink-driving after she returned an alcohol reading of 0.261.

A subsequent sentence assessment report made the same day she appeared in Orange Local Court said she had two long necks of beer.

Solicitor Taras Maksymczuk said Spanhel had not eaten for a long time and she had a medical condition that made her more susceptible to intoxication.

"She doesn't remember the last time she had something to eat," Mr Maksymczuk said.

Magistrate David Day however, cast doubts that even with her medical condition and not having eaten that she would produce a reading five times the limit.

"Two long necks of beer, not withstanding your client's very limited body mass, would not get her to that reading unless she has no liver function whatsoever," Mr Day said.

"Just the sheer amount of alcohol in two long necks just doesn't [add up] she drank more than she believed she has."

Mr Day said he would disabuse her and anyone else how, "ethanol, which is the alcohol you drink, is absorbed through the small intestine".

"The rate of absorption can be slowed from the stomach into the small intestine," he said.

"So if you eat and then drive then the uptake of alcohol is slowed."

However, he accepted that her medical condition is serious and in some cases can be fatal.

According to court documents, police were patrolling eastbound on the Northern Distributor and saw a silver SUV travelling in front of them at 12.55am on Sunday, January 1, 2023.

Police saw the vehicle move to the fog line on numerous occasions and each time it would correct back to the centre of the road in an erratic fashion.

Police activated their lights and sirens to stop the car for random testing.

Spanhel was driving with a male passenger.

She told the police she had one VB long neck at a house earlier in the night.

She was subsequently breath tested and arrested after returning a positive result.

Spanhel was taken back to Orange Police Station where she returned a high-range reading of 0.261 on analysis.

She told the police she had not consumed any food during the day and she told them about her medical condition.

As the case began custodial officers entered the room, however Mr Day ultimately decided they were not required and she wouldn't be headed to the cells.

"She's not going to jail, if she keeps on doing it she will," he said.

"I don't think she will do very well in custody."

Mr Maksymczuk suggested the drink-driving offence could be dealt with by a community correction order, however police prosecutor Sergeant Beau Riley said she crossed the custodial threshold.

"It's too high a reading but it could be served in the community," Sergeant Riley said.

"It's lucky the police pulled her over."

Mr Day also determined she had crossed the custodial threshold.

"She has a prior high-range last century," Mr Day said noting a previous offence from 1995.

"Your driving was erratic.

"In my view community safety would be better served having her serve the sentence in the community."

Mr Day gave Spanhel a seven-month community-based jailed sentence by way of an intensive correction order that will require rehabilitation and treatment.

He also disqualified her driver's licence for six months and placed her on a 24-hour interlock order.

"I'm not taking into account the period of suspension, it's a very high reading," Mr Day said.

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