Southport High Range Drink Driving Case Study: 0.304, 10 Months and No Conviction After Mental Health Treatment (QLD)

Jurisdiction
Queensland
Court
Southport Magistrates Court
Charges
High range drink driving (0.304, blood sample), first offence
Outcome
Guilty plea. 10-month disqualification, $1,200 fine, no conviction recorded.
Filmed
February 2024

Summary

A 35-year-old woman with anxiety and depression drank vodka in a car park after a distressing call, reversed into a bollard and returned 0.304. With treatment, abstinence and the Traffic Offenders Program, Southport Magistrates Court imposed 10 months, $1,200 and no conviction.

Key takeaways

  • The blood reading was 0.304, taken at hospital.
  • She reversed into a loading bay bollard, with very minor contact and no one else involved.
  • She had no traffic or criminal record.
  • She was in treatment with her GP and psychologist, on medication for alcohol dependency, and abstinent.
  • The court imposed 10 months, a $1,200 fine and no conviction.

A very high reading on the Gold Coast

In this Southport high range drink driving case study, Joshua Boorman appeared at Southport Magistrates Court on the Gold Coast on what he calls quite a serious high range drink driving offence. The reason it was so serious was the reading: 0.304, which Joshua describes as off the charts.

What happened

The client, a 35-year-old woman, had been going through significant mental health issues and had been using alcohol as a coping mechanism. After a highly stressful day at work, she bought a bottle of vodka at a shopping centre on the way home.

In the car park she had an extremely emotionally charged phone call with a relative and started drinking the vodka straight, alone in her car. That left her highly intoxicated. At one point she tried to drive and reversed out, making very minor contact with a loading bay bollard. She then froze. Members of the public came to check on her and realised how intoxicated she was.

She called her partner, who picked her up, and they left. Police were called, followed up at her address and found her highly intoxicated. She admitted drinking and driving and was taken to hospital, where a blood sample recorded the final reading of 0.304.

The seriousness of the matter

The collision with the bollard was very minor, and no one else was involved, but Joshua notes that the risk of something going wrong at that reading was extremely high.

Treatment and rehabilitation

It was disclosed that she had pre-existing mental health issues, including extreme anxiety and severe depression. Since the incident she had sought significant treatment from her GP and psychologist, was in ongoing counselling, and had been prescribed medication to deal with alcohol dependency. She was abstinent from alcohol and had completed the Queensland Traffic Offenders Program.

Joshua submitted that the offence was wildly out of character. She had no traffic record at all, which he describes as impressive for a 35-year-old, and no prior criminal history. But she was clearly in need of psychological and medical intervention, which she had now sought.

The outcome

She had already spent about 2 months off the road. Joshua asked that the matter be confined to a disqualification and a fine, and the magistrate agreed:

  • a 10-month licence disqualification;
  • a $1,200 fine; and
  • no conviction recorded, after significant submissions about her work and disclosure requirements.

What this Southport high range drink driving case study shows

An extremely high reading is treated very seriously. Here, a clean history, genuine treatment for the underlying problem and abstinence allowed the court to keep the penalty to a disqualification and a fine without recording a conviction. 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: 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).
  • 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.
  • Alcohol interlocks: According to TMR, the Alcohol Ignition Interlock Program applies to people convicted of “high-risk” drink driving offences.
  • 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, no-conviction outcomes for drink driving in Queensland and Queensland alcohol interlock laws. Its Gold Coast site covers drink driving matters on the Gold Coast.

On this site, see a Southport high range crash case after a mental health struggle and a Mackay P-plate mid 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 penalty did the client receive?

A 10-month licence disqualification, a $1,200 fine and no conviction recorded.

How was the reading taken?

Police found her at home, and she was taken to hospital, where a blood sample recorded 0.304.

Why was no conviction recorded?

Joshua made significant submissions about her work and disclosure requirements. The court also had her clean record and the treatment she had sought.

What are the penalties for high range drink driving in Queensland?

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).

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 just outside Southport Magistrates Court on the Gold Coast I've appeared on quite a serious high-range drink driving offence today uh the reason why the matter was so serious is the reading was just off the charts it was 0.304 um so um basically the events of the circumstances surrounding the events was that my client um quite a a 35-year-old quite a petite woman had' been going through some significant mental health issues

And had been using alcohol as a coping mechanism to deal with those issues um she'd worked that day under a significant amount of stress on the way home she went to a shopping centre she purchased a bottle of vodka um she had an extremely emotionally charged uh conversation whilst in the car park on um on the phone to one of her relatives um and she foolishly just commenced drinking whilst in the car park in the car uh by herself straight vodka

So that left her in a highly intoxicated State she then at one point tried to uh Drive she reversed out she collected a um loading bay bollard uh very minor contact um but she froze and uh members of the public came to check on her and um and realised how intoxicated she was she decided to call her partner came pick her up and uh and and left the scene but police were called and they followed her up they went to her address

Uh realised how intoxicated she was she admitted to drinking and driving she was transported to the Gold Coast University Hospital [unclear] where blood sample was taken the final BAC reading of 0.304 was recorded um so uh very very high reading obviously the Collision into the bollard even though it was minor was um relatively um even though the Collision there was a collision into a bollard it was very minor there was no other people involved no passengers um but the risk of something going wrong with a reading like that was extremely high

It was disclosed that she had um pre-existing mental health issues extreme uh anxiety and severe depression um the [unclear: 'silver lining'?] of this incident was that she's gone and gotten um significant um treatment from both her GP her psychologist she's getting ongoing counselling she's been put on Antabuse [unclear] and medication to deal with the alcohol dependency um she's currently abstinent from alcohol she did the Queensland Traffic Offenders Program and I was able to submit to the court that this matter was wildly out of character for her because she had no

Because she actually had no traffic record whatsoever for a 35-year-old woman that's quite uh an impressive record she has no prior criminal [unclear] history so it was very out of character for her but she was very much in need of uh psychological and medical Intervention which she has now sought um she' already done approximately three well about 2 months off the road um we were seeking that the matter uh just be um confined to a disqualification

Fine uh and that's what the magistrate agreed to um she gave uh sorry the magistrate uh ordered that my client spend 10 months uh off the road so a 10-month licence disqualification she was fined $1,200 uh and we made significant submissions on why conviction should not be recorded uh due to uh work reasons uh and disclosure requirements magistrate agreed not to record a conviction on this occasion it's extremely high reading but our client has taken um steps to

Rehabilitate and get the proper treatment she needs and hopefully it will be the first and last time she ever has to appear before a court in uh relation to such a matter 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.