Nicholas Bain Rogers sentenced in Tamworth court after drinking and driving on New England Highway near Moonbi on Australia Day

Nicholas Bain Rogers, 23, fronted Tamworth Local Court for sentencing earlier this week for the single charge of mid-range drink driving.

The court heard it's the second time he's been before the court on a drink-driving charge, having appeared last year.

"I would have thought that would have been an eye-opener for you, when you were before the court last year," magistrate Kirralee Perry said.

She told him she was finding it difficult to have confidence he wouldn't drink and drive again and said the sentence needed to deter both him personally and the community.

"You are facing jail if you come back before the court," she warned.

"The risk of you having a collision in those circumstances is huge."

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Defence solicitor Donald Chaffey told the court Rogers had a need for a licence because he could travel up to 100,000km per year for work, between his office and rural properties.

Mr Chaffey said Rogers was sorry for his actions, and would need to pay up to $100 each day to hire a driver.

Rogers was slapped with a $1200 fine, a criminal conviction, was disqualified from driving for six months and must have an interlock device for two years.

Police facts show Rogers was driving a grey Ford Ranger along a wet New England Highway near Moonbi about 5:45pm on January 26, when an unmarked police car went to overtake him.

The ute crossed in front of the police car, into the overtaking lane and across to the wrong side of the road, into oncoming traffic.

Rogers pulled back into the correct lane before he was stopped and breath tested.

Rogers blew 0.087 at Tamworth Police Station and said he had drunk five mid-strength Great Northern beers that afternoon at a friend's place.

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