Southport Low Range Drink Driving Case Study: 0.064, Holiday Matter Moved From Noosa, 1-Month Minimum and No Conviction (QLD)

Jurisdiction
Queensland
Court
Southport Magistrates Court (transferred from Noosa Magistrates Court)
Charges
Low range drink driving (0.064), first offence
Outcome
Guilty plea. 1-month minimum disqualification, $350 fine, no conviction recorded.
Filmed
August 2023

Summary

A first-time offender caught at 0.064 on a family holiday near Noosa had his matter moved to Southport. With the Traffic Offenders Program and strong letters, he received the 1-month minimum, a $350 fine and no conviction.

Key takeaways

  • The reading was 0.064, and it was his first offence.
  • He was stopped at a random breath test while driving back to his holiday accommodation.
  • Joshua had the matter transferred from Noosa to Southport because the client lives interstate.
  • He received the 1-month minimum, a $350 fine and no conviction.
  • Joshua says the client was not eligible for a work licence because he held an interstate licence.

A low level matter on the Gold Coast

In this Southport low range drink driving case study, Joshua Boorman appeared at Southport Magistrates Court on what he describes as quite a low level drink driving offence. The reading was 0.064, and it was the client’s first offence.

A family holiday

In January, the client was travelling up to Noosa with his family. He had three drinks between midday and 3 pm, took a two-hour break, then went to dinner and had two more drinks. He was driving back to his accommodation when he was pulled over for a random breath test and returned a positive reading of 0.064.

Moving the matter to Southport

Because the offence happened at Noosa, the matter was first listed at Noosa Magistrates Court. Joshua had it transferred to Southport, because the client lives interstate and it was easier for him to get to Southport.

Preparing for court in this Southport low range drink driving case study

Joshua points to the low reading and the client’s very good record. The client also completed the Traffic Offenders Program and provided strong letters. Joshua says the case was presented well, and the magistrate was very receptive to the submissions that this was clearly a mistake and a very out-of-character decision.

The outcome

Joshua pushed for the minimum, which he describes as one month, and the court agreed. The client received:

  • the minimum disqualification of 1 month;
  • a $350 fine; and
  • no conviction recorded.

Joshua says he could not have got a better outcome.

No work licence option

Joshua explains that the client would otherwise have wanted to apply for a work licence, but was ineligible because he held an interstate driver licence. Instead, he planned to take his month off the road during some Easter leave, so it would not affect his work.

Joshua describes him as a very happy man who can move forward knowing that a one-off mistake will not cause significant fallout for his job or his family.

What this case shows

For a low first offence, preparation can help reach the minimum disqualification and a no-conviction outcome. A matter can also sometimes be transferred to a more convenient court. Work licence eligibility depends on the person’s licence and circumstances, so it is worth checking early. Every case is different.

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.
  • 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).
  • Work licences: Queensland has a “restricted licence”, commonly called a work licence, under section 87 of the Transport Operations (Road Use Management) Act 1995.
  • 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 Southport, no-conviction outcomes for drink driving in Queensland and Queensland work licences. Its Gold Coast site covers drink driving matters on the Gold Coast.

On this site, see a Southport high range case and a Atherton low range case, 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 Southport 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 was the outcome at Southport?

The minimum disqualification of 1 month, a $350 fine and no conviction recorded.

Why was the matter heard at Southport rather than Noosa?

The offence happened near Noosa, but Joshua had the matter transferred to Southport because the client lives interstate and could get there more easily.

Why could the client not get a work licence?

Joshua explains that the client was ineligible because he held an interstate driver licence. He planned to take his month off the road during Easter leave instead.

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, with a period of disqualification set by the court (as at October 2026).

How does a Queensland court decide whether to record a conviction?

Section 12 of the Penalties and Sentences Act 1992 (Qld) lists matters the court considers, including the nature of the offence, the person’s character and age, and the impact a conviction would have on their economic or social wellbeing or chances of finding employment. It is decided case by case.

Read the video transcript

Hey Josh Boorman here outside Southport Magistrates Court today just appeared on a uh quite a low level drink driving offence, uh reading 0.064 first time [unclear] um he'd been travelling up to Noosa uh with his family in January out there he had three drinks between midday to 3 P.M and then um uh had a break for two hours and then went to dinner and had a further two drinks and he was driving back home to his accommodation when he was pulled over for a random breath test uh positive reading

Uh 0.064 so obviously it happened in Noosa the matter was first put at Noosa Magistrates Court but we had it transferred down to Southport because our client lives in New South Wales it was easier for him to get to Southport Court due to the low reading the very good record he has um he's gone along and done the Traffic Offenders Program we've got some good strong letters we presented the case well the magistrate was very receptive to our submissions that this was clearly a mistake a very out of character decision on our clients behalf we were pushing for the minimum of one month disqualification that was granted he was also given a $350 fine

Our request for a no conviction order was granted as well so he really couldn't have got a better outcome he would have otherwise was wanted to apply for a work licence here in Queensland except for the fact that he was on a New South Wales driver's licence um and that makes him ineligible to apply for that so he can um move forward um he's got a month off the road and he's going to coincide that with some Easter leave that he's got

So it doesn't affect his work but he's very happy man he can move forward knowing uh what's in front of him and that um his one-off mistake is not going to cause significant a Fallout in relation to his job or his family so thanks for tuning in here today at Southport 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.