Chinchilla Drink Driving Case Study: Low Range (0.064), 1-Month Minimum and No Conviction for a Sole Income Earner (QLD)

Jurisdiction
Queensland
Court
Chinchilla Magistrates Court
Charges
Low range drink driving (0.064), first offence
Outcome
Guilty plea. One-month minimum disqualification, $350 fine, no conviction recorded.
Filmed
December 2024

Summary

A painter and sole income earner, recently moved from Sydney and still on a NSW licence, drove to the supermarket after a long neck of VB and returned 0.064. With no work licence available, careful preparation secured the one-month minimum, a $350 fine and no conviction.

Key takeaways

  • The reading was 0.064, in the low range, after an impulsive drive to the supermarket.
  • A New South Wales licence made the client ineligible for a work licence.
  • Joshua explains the mandatory disqualification range was 1 to 9 months.
  • He did the Traffic Offenders Program and provided letters from his wife and his boss, plus an apology.
  • The court imposed the one-month minimum, a $350 fine and no conviction recorded.

A country court in western Queensland

In this Chinchilla drink driving case study, Joshua Boorman appeared at Chinchilla Magistrates Court, in the Western Downs about three to four hours west of Brisbane. As he puts it, it is a typical Queensland country town with a police station and a courthouse, and people get charged with drink driving there.

His client was a father and husband charged with a low range drink driving offence. The reading was 0.064.

What happened

Our client had friends over for dinner at his home. Earlier in the night he drank a long neck of VB. He then made an impulsive, last-minute decision to drive to the supermarket for supplies.

He was pulled over for a random breath test. There was nothing unusual about his driving, he was alone in the car, and he cooperated with police.

Why the disqualification mattered

He works as a painter and is the sole income earner for his family. He needs to drive to get to job sites and to carry equipment and materials.

He had recently moved up from Sydney and was still on a New South Wales licence. Joshua explains that this made him ineligible to apply for a work licence. That meant the length of the disqualification would directly affect his ability to work.

Joshua explains that a disqualification was mandatory, in a range of 1 to 9 months. The aim was to secure the one-month minimum.

Chinchilla drink driving case study: how Joshua Boorman prepared the case

  • He completed the Traffic Offenders Program.
  • He wrote a letter of apology.
  • His wife attended court and provided a letter.
  • He obtained a letter from his boss.

Joshua says he did all the right things.

The outcome

  • the one-month minimum disqualification;
  • no conviction recorded; and
  • a $350 fine.

Joshua describes a very happy client and says he does not think the man is at risk of reoffending.

What this case shows

For a low reading, a short, impulsive trip and a person with real family and work responsibilities, careful preparation gave the court good reason to impose the minimum. Because the interstate licence ruled out a work licence, the length of the disqualification mattered all the more. Every case is different, and outcomes depend on the facts.

Key general information (QLD)

General information only, not legal advice, as at October 2026. Every case turns on its own facts.

  • Drink driving offences: In Queensland, drink driving offences are set out in the Transport Operations (Road Use Management) Act 1995 (Qld).
  • The broad penalty picture: TMR describes a 24-hour suspension where the reading is under 0.10, and an immediate suspension, lasting until the charge is dealt with, for mid and high range charges and some other situations.
  • Work licences: Queensland has a “restricted licence”, commonly called a work licence, under section 87 of the Transport Operations (Road Use Management) Act. TMR’s restricted licence page explains that the application is made to the magistrate after a finding of guilt and before the disqualification is imposed.
  • Sentencing and convictions: Alongside the disqualification set under the road transport laws, the general sentencing law in Queensland is the Penalties and Sentences Act 1992 (Qld).
  • The court process: Drink and drug driving charges in Queensland are dealt with in the Magistrates Court.

Further reading and related videos

Boorman Lawyers has more on appearing at Chinchilla, Toowoomba and the Darling Downs and Queensland drink driving penalties. Its Queensland site covers drink driving matters across Queensland.

On this site, see a Cairns case where a NSW licence ruled out a work licence and a Brisbane low range matter, or browse all Queensland and drink driving videos.

For people who are preparing to plead guilty without a lawyer, DIY DUI’s guide to drink and drug driving charges at Chinchilla covers the local court and plea process. (DIY DUI is a self-help program for people preparing their own guilty plea. It is not legal representation and is not part of Boorman Lawyers.)

Frequently asked questions

What penalty did the client receive?

The one-month minimum licence disqualification, a $350 fine and no conviction recorded.

Why wasn’t a work licence an option?

He had recently moved from Sydney and still held a New South Wales licence. Joshua explains that this made him ineligible to apply for a work licence.

What material was put before the court?

A Traffic Offenders Program certificate, a letter of apology, a letter from his wife and a letter from his boss.

What are the maximum penalties for a first low range offence in Queensland?

For a first offence at 0.05 or more but under 0.10, TMR lists a maximum fine of $3,454 and up to 3 months’ imprisonment, together with a licence disqualification set by the court (as at October 2026).

What are the alcohol limits in Queensland?

As at October 2026, TMR describes four limits: a no-alcohol limit for learner, provisional, probationary and restricted licence holders and drivers of certain vehicles; the general limit of 0.05; the middle limit of 0.10; and the high limit of 0.15.

Read the video transcript

Okay Josh Boorman here from Boorman Lawyers just outside Chinchilla Magistrates Court uh out in uh Chinchilla Western um western region of uh uh Queensland probably about 4 hours West of Brisbane maybe 3 hours West of Brisbane depending on traffic but I'm here it's hot it's dusty and um it's a typical Queensland Country Town um there's a police station here there's a courthouse here and people get done drink driving here so that's why I'm here I had a uh a father a husband who had been done for a very low-range drink driving offence 0.064

He was uh quite concerned about the matter because he's um he works as a painter he's a sole income earner for the family um and he really did want to try and secure a um the minimum disqualification possible he has recently up from uh Sydney so he was still on a New South Wales licence which means that he was ineligible to apply for a work licence um so the range of disqualification uh was there was a mandatory disqualification it was between 1 to 9 months off the road we're hoping to get the one month it was a low reading it was 0.064 he had some friends over at his place he was having dinner he earlier in the night he consumed a long neck of VB beer uh impulse decision last minute decision getting the car drive down to the supermarket to get some supplies

He was pulled over for a random breath test there was nothing [unclear] about his manner of driving he was the only person in the car um and he cooperated with police um as mentioned he works as a painter and um he's the sole income earner for the family does need to drive uh to get to job sites and to uh um transport equipment and uh materials with him he did the Traffic Offenders Program we had his wife here uh she presented a letter he did a letter of apology

And he got a letter from his boss as well so he did all the right things we were able to secure in the one month minimum no conviction and $350 fine very happy client and um I think he'll be able to move past this and uh I don't think he'll be at risk of uh re offending again in the future thanks for tuning in here at Chinchilla Magistrates Court.

General information only, based on Queensland law at the time of filming. Not legal advice — every case turns on its own facts. Past results don't guarantee future outcomes.