A low range charge, heard at Bundaberg
In this Bundaberg DUI case study, Joshua Boorman appeared at Bundaberg Magistrates Court for a client charged with low range drink driving. The reading was 0.075, and Joshua describes it as a relatively straightforward matter with nothing significantly aggravating about it.
What happened
The client works fly-in fly-out (FIFO) in the mines in the Northern Territory. The day before he was due to start a swing, he took a stressful work-related phone call about a problem in the workplace and spent over an hour dealing with it.
Stressed, he had a few drinks: three Great Northern mid-strength beers and two scotches, between about 2 pm and 5 pm. He then fell asleep for a couple of hours and woke at about 7 pm. As usual, he planned to drive from Bundaberg to Brisbane to catch an early flight to the mine site. Still stressed and in a bit of a panic, he packed quickly and set off.
He was pulled over at a random breath test about 30 minutes south of Bundaberg. He was alone in the car, it was late, and there was minimal traffic. He was taken to Childers police station, where he returned a final reading of 0.075.
After the charge
He was put off the road for 24 hours, so his parents drove him to Brisbane to make his flight. The charge was listed at Childers Magistrates Court, but because he lives in Bundaberg, Joshua had the matter adjourned and transferred to Bundaberg for sentence.
A clean record
Joshua describes the client as what is sometimes called a “clean skin”. He had been driving for about 35 years with only four minor traffic infringements and no criminal record. Joshua submitted that this was a one-off, isolated incident, highly unlikely to be repeated. The client also completed the Queensland Traffic Offenders Program.
The outcome
- the 1-month minimum disqualification, agreed to by the court and the prosecutor;
- a $400 fine; and
- no conviction recorded, given the low objective seriousness, his clean record, and the regular background checks in the mining industry.
Joshua says the client, a family man and sole income earner, was extremely happy and keen to put the matter behind him.
What this Bundaberg DUI case study shows
A low range charge with a clean history can sometimes be finalised with the minimum disqualification and no conviction, especially where a conviction could affect work. 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.
Further reading and related videos
Boorman Lawyers has more on appearing at Bundaberg, Childers Magistrates Court and no-conviction outcomes for drink driving in Queensland. Its Queensland site covers drink driving matters across Queensland.
On this site, see another Bundaberg low range case and a Chinchilla 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 Bundaberg 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.)
Read the video transcript
Goodday it's Josh Boorman here at Bundaberg uh just outside the Bundaberg Magistrates Court uh today where I've appeared on a low-range drink driving matter um and it was a relatively straightforward type of matter um the blood alcohol reading was 0.075 uh my client there was nothing significantly aggravated about this matter the facts of the matter were this that basically our client um he works as a a fly in fly out worker fifo worker in the mines in the Northern Territory uh on the day before that he was to start work
He had taken quite a um stressful phone call that uh work-related phone call where there had been basically stuff up in the workplace and he had to deal with that he was on the phone for over an hour in the afternoon um trying to deal with that he got off the phone he was quite stressed and he uh decided to have uh a few drinks uh that was at about 2:00 in the afternoon he proceed to drink three uh Great Northern mid-strength beers
Then uh had two homemade [unclear] scotches he uh had his first drink about 2: p.m. his last drink at about 5:00 p.m. he then fell asleep for a couple of hours woke up around 700 p.m. and um as he usually does he will actually drive from Bundaberg to Brisbane to catch uh an early morning flight the next morning and fly up to the mine site in the Northern Territory so he woke up about 700 p.m. he
Was in a bit of a panic and he was still stressed from the uh uh the phone calls and the problems in the workplace that he dealt with that afternoon um he quickly packed his bag he jumped into the car to um start the journey uh down to Brisbane from Bundaberg he was pulled over um due to a random breath test in [unclear] just about 30 minutes uh south of Bundaberg uh it was nothing aggravated about his matter it was pulled up for a random breath test
He was the sole occupant of the vehicle it was later at night so there was minimal traffic around in quite a regional area and uh he uh recorded a positive reading he was taken back to the um Childers police station where he record Ed a final blood alcohol concentration reading of 0.075 so it was a low-range drink driving offence and it was the first uh time he's ever been uh charged with any sort of drink or drug or any sort of criminal offence of any kind really
So he's what they basically call A Clean Skin um he uh was put off the road for 24 hours and still had to make his um flight the next morning so he got his parents to come down and um pick him up and and and take him down to Brisbane um but he uh was uh required to appear at Childers Magistrates Court uh because he lives at Bundaberg we uh were able to get the matter adjourned
Transferred from Childers over to Bundaberg Magistrates Court today and we appeared for him today on the sentence um we pressed to the court that obviously our client has a fantastic traffic record he's been driving for about 35 years and only has four more minor traffic infringements in that time he has no criminal record whatsoever and um and as i' I was able to submit to the court it's a oneoff isolated incident highly um unlikely to be repeated very out of character offence for him he went
Did the Queensland Traffic Offenders Program so that gave him a lot of insight as to what can go wrong in relation to drinking and driving um we were pushing for the minimum uh one month licence disqualification that was agreed to by the court and the prosecutor um and uh our client was issued with a $400 fine we also were able to get the um Court to not record a conviction on this occasion due to the relatively low level of objective seriousness he very clean record
The fact he works in the mines where regular background checks um are done especially when changing positions or or going for new job so um the court agreed with us not to record a conviction on this occasion our client was extremely happy with the outcome very remorseful over um even having to be charged and come before the court he's a family man and he's he's a sole income earner for the family so he's um Keen to put this matter behind him
Get back on with his life uh so thanks for tuning in in here at the Rum City um a beautiful uh Bundaberg and the beautiful uh Bundaberg Magistrates Court which is behind me here thanks for tuning in.
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.
