At 7.45pm police witnessed a car pull into a drive-through bottle shop in Gladstone's CBD and intercepted the vehicle when it exited the establishment. Barcello identified himself as the sole occupant of the vehicle, however, stated he did not have his licence on him at the time. He submitted to a roadside breath test which returned a positive result and he was transported to Gladstone police station for further testing. The subsequent test returned a second positive result with Barcello's blood-alcohol reading 0.090. Barcello admitted to police he consumed five pre-mixed rums at a licensed premises that evening and thought he had waited long enough to be right to drive.