QLD law Court-town guides Drink driving

Atherton Drink Driving Case Study: Low Range (0.054), Race Day Designated Driver Gets the 1-Month Minimum and No Conviction (QLD)

Name: Atherton Drink Driving Case Study: Low Range (0.054), Race Day Designated Driver Gets the 1-Month Minimum and No Conviction (QLD)
Uploaded: 2023-02-09T00:00:00+10:00
Duration: 4 min 29 s
Description: A bookkeeper studying to become a CPA was the designated driver at the Mareeba race day and blew 0.054 at a random breath test as she left. Atherton Magistrates Court imposed the 1-month minimum, a $500 fine and no conviction.

By Joshua Boorman, Principal, Boorman Lawyers · 9 February 2023 · 4:29 video

Watch on YouTube: Atherton Drink Driving Case Study: Low Range (0.054), Race Day Designated Driver Gets the 1-Month Minimum and No Conviction (QLD)

Jurisdiction: Queensland
Court: Atherton Magistrates Court
Charges: Low range drink driving (0.054), first offence
Outcome: Guilty plea. 1-month minimum disqualification, $500 fine, no conviction recorded.
Filmed: February 2023

Summary

A bookkeeper studying to become a CPA was the designated driver at the Mareeba race day and blew 0.054 at a random breath test as she left. Atherton Magistrates Court imposed the 1-month minimum, a $500 fine and no conviction.

Key takeaways

The reading was 0.054 after two glasses of champagne at a race day.
She was the designated driver and was stopped at a random breath test leaving the racecourse.
She had 20 years of driving with only three minor infringements and no criminal record.
She completed the Traffic Offenders Program and provided four letters of support.
She received the 1-month minimum, a $500 fine and no conviction, which mattered for her CPA studies.

A regional courthouse in Far North Queensland

In this Atherton drink driving case study, Joshua Boorman appeared at Atherton Magistrates Court in Far North Queensland, about an hour and a half’s drive from Cairns. He describes the matter as a relatively stock standard low range drink driving offence, with a reading of 0.054.

A good record

The client had been driving for 20 years with only three minor traffic infringements and no criminal record. This was her first time before the court for a major offence, which Joshua says set her up to try for the best possible outcome.

Race day

In December 2022, the client went to the Mareeba race day as the designated driver. She had only two glasses of champagne all day, one at 1 pm and one at about 4.30 pm. She had planned to stay longer after the second drink, but she and her partner decided to leave earlier. She felt completely sober and unaffected.

As she left the racecourse, police had set up a random breath test. She was over the limit, and the final reading at the station was 0.054. Joshua says that another 20 minutes and she would probably have been under the limit.

Nothing aggravating

Joshua notes there was nothing aggravating about the matter. The reading was low, she was stopped at a random breath test rather than because of her driving, and she was cooperative and compliant with police.

Preparing for court in this Atherton drink driving case study

Joshua says he pointed her in the right direction. She completed the Traffic Offenders Program, and her certificate and notes showed she had taken the matter seriously and learned significant lessons. She also provided:

a letter of apology;
a work reference;
a letter from her partner; and
another letter supporting her good character.

The outcome

Joshua sought the minimum disqualification for a low range offence, which he describes as one month, along with no conviction. The magistrate agreed:

the minimum disqualification of 1 month;
a $500 fine; and
no conviction recorded.

The client works as an internal bookkeeper and accountant and is studying to become a CPA. Joshua explains that a conviction would have been a disclosable issue when she applied for registration, so he pressed strongly for no conviction.

What this case shows

Joshua says the matter went exactly as hoped. A low reading, a random breath test rather than poor driving, a long and clean driving history, and genuine preparation through the Traffic Offenders Program and letters of support all helped. Where a conviction could affect professional registration, that can be an important part of the case put to the court. 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.
What happens to a Queensland licence before court: For a low range charge (over 0.0 but under 0.10), the licence is generally not suspended immediately until court, unless an earlier drink driving charge is still pending or certain other conditions apply.
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.

Frequently asked questions

What was the outcome at Atherton?

The minimum disqualification of 1 month, a $500 fine and no conviction recorded.

Why did a conviction matter to her?

She works as a bookkeeper and accountant and is studying to become a CPA. Joshua explains that a conviction would have been a disclosable issue when she applied for registration.

How did she end up over the limit after two drinks?

She had two glasses of champagne, at 1 pm and about 4.30 pm, and left earlier than planned. Joshua says another 20 minutes and she would probably have been under the limit.

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).

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

G'day it's Josh Boorman here uh from Boorman Lawyers I've just appeared at the courthouse behind me that's Atherton Magistrates Court far North Queensland uh it's about an hour and a half drive out of Cairns so it's a bit more of a rural Regional Courthouse I've appeared at but um in relation to today's matter it was a relatively stock standard type of drink drive it was a low range offence 0.054 quite a low reading a client um never really been in too much trouble before she's been driving for 20 years

Only had three minor traffic infringements on her record uh so definitely a first um uh time before the court first major offence no criminal record behind her so that all set her up to um uh try and help her achieve the absolute best outcome possible but we also pointed our client into the right direction by doing a Traffic Offenders Program which she did we had all that certificate material before the court and um and uh you know there was notes there it was pretty obvious that she'd taken the matter seriously

Um and gone and learned some significant lessons out of this matter she had a letter of apology a work letter um a letter from her partner and um and and another letter in support of her good character the way the matter came about is that she had attended the Mareeba race day at the [unclear: 'toga' in the captions] Racecourse uh in December 2022 she was designated driver she'd only had two glasses of champagne throughout the day the first one at one PM the second one was at about 4 30. she had intended to stick around a bit longer after that second drink

But uh as it turned out her and her partner decided to leave a bit earlier she felt fine completely sober and unaffected by the drinks she'd had and um and then and as she was leaving the Racecourse there at [unclear] police set up a random breath test they pulled her over and she was over the limit positive reading and a final blood alcohol concentration reading back at the station was 0.054 so very very low reading I mean another 20 minutes

She probably would have been under the limit so very unfortunate um so and that's the way the uh the facts of the the matter came down there was nothing nothing aggravated about the matter was a low reading wasn't a manner of driving that brought her to the attention of police it was just that RBT um she was Cooperative compliant with police and um the matter came before court today here at Atherton Magistrates Court so we pleaded all those issues that attended the material we were seeking for the absolute minimum disqualification that she could have got for low range drink drive which was one month that was given that was agreed to by the magistrate

He gave a $500 fine and we were also pushing for a no conviction order and that was also agreed to as well and the reason being is our client works as a uh an internal bookkeeper slash accountant and she's currently studying her CPA and this would be a disclosable issue if she was to go and get just registered as a CPA in Australia so we um we press strongly for a no conviction and that was agreed to by the magistrate today

So a very good and positive outcome it went exactly how we wanted it to the client was happy and it was a pleasure coming out here to Atherton to represent our client at Atherton Magistrates Court thanks for tuning in today.

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.