A visitor from interstate
In this Cairns drink driving case study, Joshua Boorman appeared at Cairns Magistrates Court for a man charged with middle range drink driving. His reading was 0.129, well over the limit and towards the upper part of the middle range.
Our client lives in a rural area in the far south of New South Wales and had travelled to Cairns to visit friends.
What happened
It was Halloween. He had been out at Gilligan’s Bar, drinking until about midnight, then went back to a friend’s place and slept on the couch for a few hours. He woke up uncomfortable and decided to drive a short distance to where he was staying.
It was about 4.30 am, before sunrise, and he had not turned on his headlights. Police saw this, pulled him over and breath tested him at the roadside. The reading was 0.129.
About our client
He is of Korean background and works in his family’s business, which exports fresh produce. The job involves a lot of travel to farms and rural areas.
Because he held a New South Wales driver licence, he was not eligible for a section 87 work licence in Queensland. Joshua explained to the court that, although he would not lose his job because it is a family business, losing his licence would still cause significant difficulties.
Cairns drink driving case study: how Joshua Boorman dealt with the case
- The prosecution did not tender any New South Wales records, so the matter proceeded on a first offence basis.
- There was nothing else significantly aggravating about the offence.
- He completed the Traffic Offenders Program.
- He did not have references, but he wrote a heartfelt letter of apology showing remorse and insight into what he had learned from the program.
The outcome
Joshua describes the result as a great outcome for a reading of 0.129:
- the 3-month minimum licence disqualification;
- a $450 fine; and
- no conviction recorded.
He will also have to complete the alcohol interlock program. Joshua notes that the client will need to work out how that requirement is recognised in New South Wales when he applies for his licence back home.
What this case shows
A middle range reading does not always mean a long disqualification. Here, the facts (a short drive, no other aggravating features, the Traffic Offenders Program and a sincere apology) supported the minimum period. The interstate licence closed off the work licence option, which made a short disqualification all the more important to him. Every case is different, and outcomes depend on the facts and the person’s history.
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: For a first offence at 0.10 or more but under 0.15, TMR lists a licence disqualification of 3 to 12 months, a maximum fine of $4,835 and a maximum of 6 months’ imprisonment (as at October 2026; TMR notes fines rose by 3.5% on 1 July 2026).
- Alcohol interlocks: According to TMR, the Alcohol Ignition Interlock Program applies to people convicted of “high-risk” drink driving offences.
- 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.
- 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 Cairns, restricted work licences in Queensland and no-conviction outcomes for drink driving in Queensland. Its Queensland site covers drink driving matters across Queensland.
On this site, see a Chinchilla case where a NSW licence also ruled out a work licence and a Goondiwindi middle range matter with no conviction recorded, 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 Cairns 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.)
