Southport Drink Driving Case Study: 0.220 High Range Crash, No Conviction Recorded (QLD)

Jurisdiction
Queensland
Court
Southport Magistrates Court (transferred from Proserpine)
Charges
High range drink driving (0.220) and driving without due care and attention
Outcome
Guilty pleas. 12 months' licence disqualification; fines totalling $2,000 ($1,200 + $800); no conviction recorded.
Filmed
September 2025

Summary

Joshua Boorman explains a serious Queensland high range drink driving matter: a 0.220 reading after a single-vehicle crash near Shute Harbour. After counselling, SMART Recovery, the Traffic Offender Program, an apology letter and references, the court imposed 12 months' disqualification and $2,000 in fines, and recorded no conviction.

Key takeaways

  • The reading (0.220) and a crash made this a serious, aggravated matter, and the defence conceded that.
  • The charges were transferred from Proserpine to Southport Magistrates Court because the client had moved interstate.
  • Counselling, SMART Recovery and the Queensland Traffic Offender Program showed the court real steps taken since the offence.
  • A clean traffic and criminal history and a genuine apology letter helped the court treat it as a one-off.
  • The court agreed not to record a conviction after submissions about the client's future work.

What happened

In this Southport drink driving case study, Joshua Boorman finalised this matter at Southport Magistrates Court. In March 2025 our client was living and working in the Whitsundays, near Shute Harbour. In the months before the incident she had been going through an extremely difficult period. She had reached out to professionals and been prescribed antidepressant medication, but it was having an adverse effect on her, and she had started drinking to excess every day.

On the day of the offence she received distressing news, drank a large amount of alcohol at home alone, and then drove about 300 metres down the road. Three or four witnesses told police she was swerving and speeding and almost caused a collision before she left the road and crashed. She was trapped in the vehicle and had to be cut out by emergency services, then flown to hospital, where a blood sample returned a reading of 0.220.

The charges

She was charged with driving under the influence of liquor and driving without due care and attention, and she pleaded guilty to both. Because she had since moved home to Melbourne to live with her mother, the matter was transferred from Proserpine Magistrates Court to the Gold Coast and finalised at Southport Magistrates Court, a far more practical place for her to attend.

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

We did not play down how serious this was: a very high reading, a crash, and aggravating features. We conceded that. What we put in front of the magistrate was everything she had done since:

  • regular counselling for her mental health;
  • attendance at SMART Recovery, an alcohol support program;
  • completion of the Queensland Traffic Offender Program — the magistrate said her answers were the most detailed she had ever seen;
  • a genuine letter of apology showing insight and remorse; and
  • good character references.

She also had no traffic or criminal history, so the court could treat this as a one-off offence by someone with a clean record.

The outcome

We asked for a 12-month licence disqualification and fines for both charges, and that is what the magistrate imposed: 12 months’ disqualification for the high range drink driving, and $2,000 in fines in total — $1,200 for driving under the influence and $800 for driving without due care.

Because of the work she hopes to return to, we also asked the court not to record a conviction. That submission succeeded, and no conviction was recorded. After a difficult matter that had been on foot for some time, she can now move forward and rebuild her life.

What this case shows

Even in a serious, aggravated high range matter, the steps a person takes before court — treatment, a traffic offender program, an honest apology and references — give the magistrate a fuller picture. Every case is different, and this outcome depended on its own 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: As one example, for a first offence at 0.15 or more TMR lists a minimum disqualification of 6 months, a maximum fine of $6,908 and up to 9 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.
  • 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).

Further reading and related videos

Boorman Lawyers has more on appearing at Southport, Proserpine and the Whitsundays and no-conviction outcomes for drink driving in Queensland. Its Gold Coast site covers drink driving matters on the Gold Coast.

On this site, see a Brisbane low range matter and a Julia Creek repeat drink driving 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 penalty did the court impose in this case?

The magistrate imposed a 12-month licence disqualification and fines totalling $2,000: $1,200 for driving under the influence and $800 for driving without due care and attention.

Was a conviction recorded?

No. Boorman Lawyers made submissions about the client's future work, and the court agreed not to record a conviction on this occasion.

Why was the case heard at Southport instead of Proserpine?

The client had moved back to Melbourne after the offence, so the matter was transferred from Proserpine Magistrates Court to the Gold Coast, which was more practical for her to attend.

What did the client do to prepare for court?

She attended regular counselling, went to SMART Recovery, completed the Queensland Traffic Offender Program, wrote a letter of apology and obtained character references.

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.

Who has to do the interlock program in Queensland?

According to TMR, people convicted of high-risk drink driving offences, which include driving at 0.10 or more, driving under the influence, failing to provide a specimen, dangerous driving while affected by alcohol, and two or more drink driving offences within five years.

Read the video transcript

Okay, it's Josh Boorman here from uh Boorman Lawyers. I'm just outside Southport Magistrates Court. I've appeared on quite a serious matter. Uh drink driving matter. Blood alcohol reading was 220. So very high reading.

It did involve uh quite a serious single vehicle accident. Uh now the matter occurred up in the Whitsundays around Shute Harbour. A client was living and working up there at the time in March 2025. um a couple of months prior to the incident, she had been going through an extremely difficult emotional period. She'd reached out to professionals. She had uh been placed on anti-depressant medication, but they were actually having an adverse effect on her.

And um uh she unfortunately turned to drinking to excess um on a daily basis. And uh on the day of this particular matter, she had received some distressing information about a a person she was dating. Uh it sent her already fragile mind into quite a spin and she uh drank an excessive amount of alcohol whilst she was at home alone. Um she then um her her regular selection of events are quite hazy. I mean she can't remember how much she can choose. She can't remember why she left the house to get into the car.

Um but she did and she drove about 300 m down the road in an erratic fashion. People there were about three or four witnesses who um uh gave uh statements to the police indicating that she was swerving, speeding, um almost caused a collision and um then ultimately she did drive off the side of the road and crash her vehicle. Now it was quite a serious crash in the sense that she was trapped in the vehicle. Emergency services had to cut her out. She was flown to um [unclear] Base Hospital and uh she gave a blood sample which was 220. Um so once that came through eventually she was charged with UIL and um she was also charged with drive without due care.

Now my client pleaded guilty to these charges. We got them transferred from Proserpine Magistrates Court down to Gold Coast Magistrates Court. She's since the offense um relocated back to where she is originally from in Melbourne. She's living with her supportive mother. Uh she flew up from Melbourne to be here at court today. We got it transferred to Gold Coast.

It's a lot more convenient place for her to attend. Now she's living interstate and the matter was dealt with here at Southport Magistrates Court today. So um there were a number of obviously a very uh serious matter a high reading involving a accident. Um it was quite aggravated. We put our hands up. We conceded to that.

Um but there were a number of positive things that our client has done since the incident. Um she's relocated back to Melbourne. She's now living with her supportive mother. She's um entered into counseling, regular counseling uh for her psych psychology and mental health state. She's also been attending smart recovery program which is an alcohol um uh prevention therapy. Um she went and completed the Queensland traffic offenders program and um and took that very seriously.

A magistrate today said that they were the most detailed uh answers she'd ever seen anyone perform in that program. So, um, uh, yeah, taken professional psychological, uh, steps, uh, alcohol prevention steps, done the traffic offenders program. She put before the court a good, remorseful letter of apology showing genuine insight and remorse over the incident. Um, she got a couple of good character references as well. Now, there was no uh there was no traffic or criminal history to present before the court today. Um, so she was viewed as a one-time one-off offense with a perfect history behind her.

That boded well for her. Um, there's no taking away from the fact it was a serious matter. It was aggravated. Uh, we were seeking a period of 12 months license disqualification um, and fines for both offenses. And that's exactly what was uh, agreed upon by the magistrate today. 12 months license disqualification for the higher range drink drive.

Um it was a $2,000 fine all up, but it was split into $1,200 for the drive under the influence and $800 for the drive without due care. Uh we also made submissions in relation to the non-recording of a conviction and due to certain um uh work industries my client wants to get back into in the future, we made a successful submission for the court not to record a conviction on this occasion, which was um uh a very good win for our client. Um she was over the moon. Um it all went smoothly. It was a difficult matter. It had been on the books for some time.

Um but it came to an end today with a very um uh good and measured outcome for our client. She's very happy and she can move forward with rebuilding her life. Thanks for tuning in here 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.