Longreach Drink Driving Case Study: Low Range (0.075), Third Offence Dealt With as a First, 2 Months Off the Road (QLD)

Jurisdiction
Queensland
Court
Longreach Magistrates Court
Charges
Low range drink driving (0.075), next-day offence; third drink driving offence, dealt with as a first offence
Outcome
Guilty plea. 2-month disqualification and an $850 fine. Alcohol interlock likely unless a remote-area exemption is obtained.
Filmed
October 2024

Summary

A 23-year-old diesel fitter was caught at 0.075 the morning after, his third drink driving offence in five and a half years. Because police did not issue a notice of prior convictions, it was dealt with as a first offence, and Longreach Magistrates Court imposed 2 months off the road and an $850 fine.

Key takeaways

  • The reading was 0.075, a next-day offence detected after a speeding stop.
  • The client had prior offences in 2019 (low range) and 2020 (mid range).
  • Police did not issue a notice to allege prior convictions, so the first offence range of 1 to 9 months applied.
  • He completed the Traffic Offenders Program for the first time, with an apology and a local reference.
  • The court imposed 2 months' disqualification and an $850 fine.

A next-day offence in central Queensland

In this Longreach drink driving case study, Joshua Boorman appeared at Longreach Magistrates Court in central Queensland on a low range drink driving charge. The reading was 0.075, and it was a “next day” type of offence.

What made the matter harder was the history: it was our client’s third drink driving offence in about five and a half years, and he is only 23.

What happened

Our client thought he had done the right thing by booking accommodation the night before. He admits he was careless in not leaving enough time, probably drank too much the night before, and then decided to drive.

He was pulled over for speeding, 15 km/h over the limit in a 100 zone. The speeding was dealt with by a roadside fine, which has been finalised.

The elephant in the room

He had two prior drink driving offences: a mid range offence in 2020 and a low range offence in 2019. Joshua explains that this would normally put him in a second offence category, with a disqualification range of 3 to 12 months.

However, the police did not issue a notice to allege prior convictions. Without that notice, the matter was categorised as a first offence, so the disqualification range was still 1 to 9 months.

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

  • Surprisingly, this was the first time he had done the Traffic Offenders Program, and he completed it before court.
  • He wrote a good letter of apology to the court.
  • A local community member who has known him for a long time provided a character reference.
  • He needs to get back on the road as soon as possible for his work as a diesel fitter, which involves a lot of regional travel.

Joshua submitted that, from an objective seriousness point of view, the offence was at the lower end: a next-day offence with a low reading. A Brisbane magistrate he regularly appears before had travelled out to sit at Longreach that day, and was receptive to the submissions.

The outcome

  • a 2-month disqualification; and
  • an $850 fine.

Joshua notes that our client will likely have to do the alcohol interlock program, unless he can get an exemption because he lives too remotely.

What this case shows

How prior convictions are put before the court can change the penalty range. Here, the absence of a notice of priors kept the matter in the first offence range, and good preparation did the rest. 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: 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.
  • Repeat drink driving: For a repeat drink driving offence, TMR says a court may disqualify a licence for up to 2 years, impose a fine of up to $12,434, or impose a term of imprisonment determined by the court (as at October 2026).
  • 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 Longreach, Queensland drink driving penalties and Queensland alcohol interlock laws. Its Queensland site covers drink driving matters across Queensland.

On this site, see a Julia Creek fifth drink driving offence and a Goondiwindi middle range matter, or browse all Queensland and drink driving videos.

For people who are preparing to plead guilty without a lawyer, DIY DUI’s Longreach page 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 2-month licence disqualification and an $850 fine. Joshua notes he will likely have to do the alcohol interlock program unless he gets a remote-area exemption.

Why was a third offence treated as a first offence?

Joshua explains that police did not issue a notice to allege prior convictions. Without it, the matter was categorised as a first offence, with a disqualification range of 1 to 9 months rather than 3 to 12 months.

What is a “next day” drink driving offence?

It is where a person drives the morning after drinking, believing they are under the limit. Here, our client had stayed overnight in accommodation but did not leave enough time before driving.

What can a court impose for a repeat drink driving offence in Queensland?

For a repeat drink driving offence, TMR says a court may disqualify a licence for up to 2 years, impose a fine of up to $12,434, or impose a term of imprisonment determined by the court (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

Josh here just outside Longreach Magistrates Court in central Queensland appeared on a low-range drink driving offence 0.075 was the reading uh it was a next day type of offence uh so all pretty stock standard type drink drive but what did aggravate make this matter quite um uh a bit more difficult was the fact it was our client's third drink driving offence in a period of like 5 and 1/2 years and he's only 23 years of age

So a pretty poor record behind and him um appeared here today um and um much to our surprise uh there was a uh a Brisbane magistrate that we regularly appear before uh was uh had travel out and was here today um we got our client in to do a Traffic Offenders Program and to our surprise it was the first time he'd ever done a Traffic Offenders Program and it was his third drink driving offence um so we got him do that we got him to do a good letter of apology to the Court got a good character reference from a local [unclear: counsellor or councillor] who uh has known him for a long time presented that before the court explained to the court that

From an objective seriousness point of view the matter was um quite low it was the next day type of offence our client thought he'd been doing the right thing by uh getting accommodation the night before um but admits he was careless in um not leaving in enough time and probably drinking too much the night before um and then and deciding to drive uh he was unfortunately pulled over for a speeding offence uh 15 over the um the limit 115

100 Zone that was dealt by way of a roadside fine which has already been dealt with um so yeah I mean the big elephant in the room was he's got two prior drink driving offences a prior mid-range in 2020 and a prior low range in 2019 so um we presented the to the court today that obviously our client was devastated to be back before the court he's finally done the Traffic Offenders Program he does have an urgent need to get back on the road as soon as possible for his work he does have to travel a lot regionally for his work as a diesel fitter

Uh the magistrate was quite receptive to everything we had to say today and um decided to give him quite a lot of leniency in relation to the disqualification she um gave him two months um the range was between 1 to 9 months off the road because it was categorised as a a first offence now it was only categorised as a first offence because the police failed to issue our client with a notice to allege prior convictions which would have if they had have done that placed him into a second range category

Sorry a second offence category which would have been 3 to 12 months off the road so they didn't do that so the range was still 1 to 9 months and we were able to uh get the magistrate to agree to a 2month disqualification and an $850 fine um he will likely have to do the alcohol interlock program unless he can get an exemption because he lives too remote um but uh extremely good outcome today extremely happy client

Um he can uh hopefully take some big lessons away from this and doing traffic program and this will hopefully be the last time he has to appear before the court system again thanks for tuning in here and Outback Queensland at the lovely Longreach 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.