A Melbourne-based health and safety executive has been fined and lost her licence after being caught drink driving in Maroubra in June.
Nilusha De Silva, 43, who works as Head of Injury Prevention and Health at Veolia Australia, appeared at Waverley Local Court on Wednesday where she received a $440 fine and three-month licence disqualification.
The incident occurred around 11:30pm on 13 June when De Silva was stopped during routine roadside breath testing on Anzac Parade. Police reported she smelt of alcohol and was unable to provide an adequate breath sample despite multiple attempts.
She was subsequently arrested and taken to Maroubra Police Station, where testing revealed a blood alcohol concentration of 0.100 – exactly double the legal limit of 0.05. This reading falls within NSW’s mid-range PCA category, which covers blood alcohol levels between 0.08 to 0.149.
De Silva, who is also an accredited exercise physiologist, told police she had consumed three glasses of wine that evening.
Her defence lawyer, Anna Petrakis, told the court that De Silva believed she was under the legal limit because she had eaten a meal alongside the wine. Ms Petrakis described her client as experiencing “deep and sincere” remorse and said the incident represented an “isolated lapse in judgement.”
The court heard that De Silva had proactively sought medical advice following the incident and completed two traffic offender programs. She was supported by work colleagues and had no prior criminal history.
Under NSW law, first-time mid-range drink driving offences can attract fines up to $2,200 or imprisonment for nine months, with licence disqualifications typically ranging from 6 to 12 months. De Silva received a penalty well below the maximum, likely reflecting her clean record and the court’s assessment of her remorse.
As part of her sentence, De Silva must have an alcohol interlock device fitted to her vehicle when her licence is reinstated.
Magistrate Michael Barko noted during sentencing that mid-range drink driving cases, once the most common offences in his court, had been overtaken by drug driving and drug possession charges. He questioned De Silva’s decision to drive given the easy availability of ride-sharing services and affordable taxi options.
The Prahran resident’s case serves as a reminder of the serious consequences of drink driving, particularly for those in positions of professional responsibility. Her role at Veolia involves promoting workplace health and injury prevention – a responsibility that extends to making safe choices on the road.
Published 24-July-2025
