NEW SOUTH WALES

Ballina DUI Lawyers

In shortBoorman Lawyers are experienced, dedicated drink driving, drug driving and DUI lawyers who regularly appear at Ballina Local Court and represent clients facing alcohol, drug and serious traffic charges at this courthouse. Ballina Local Court, on the corner of River and Martin Streets, hears drink and drug driving charges from Ballina Shire and is also the registry for Mullumbimby. We assist clients at Ballina Local Court by appearing at court mentions, guilty pleas and sentencing hearings, preparing comprehensive sentencing submissions and character reference material, advising on licence disqualification periods and mandatory alcohol interlock rules under New South Wales law, and preparing Section 10 non-conviction applications.

Court: Ballina Local Court, corner River and Martin Streets, Ballina NSW 2478. Phone (02) 6681 2200 or 1300 679 272. Registry 9am–1pm and 2pm–4pm, Monday to Friday.
Law: Road Transport Act 2013 (NSW) and Crimes (Sentencing Procedure) Act 1999 (NSW).
Key turning points: immediate suspension at the roadside, the plea at the first mention, and whether the court records a conviction.

New South Wales law · law checked 20 Oct 2026

Call 1300 941 900 Make an enquiry about legal representation

What's on this page

How does a Ballina drink driving case move from start to finish?

There are seven stages. Most people reach the court at stage 4, but the decisions you make at stages 1 to 3 shape what happens there. Each stage below starts with where you are, then sets out the NSW rule that applies.

The roadside test and the breath analysis
The notices police give you
The weeks before your first court date
The first mention at River and Martin Streets
A defended hearing, if you plead not guilty
Sentence
Getting back on the road

The law comes from the Road Transport Act 2013 (RTA) and the Crimes (Sentencing Procedure) Act 1999 (CSPA).

Stage 1: What happens at the roadside and the station?

Where you are: stopped at a random breath testing site on the Pacific Motorway, River Street or Tamarind Drive, or pulled over after police saw your driving.

A roadside breath test is a screening test. If it shows alcohol over your limit, police can arrest you and take you for a breath analysis on an approved instrument. That analysis gives the reading used in court. Generally it must be taken within 2 hours of the driving (RTA Sch 3). Refusing the analysis is an offence in its own right and is treated like high range for interlock purposes.

Your reading decides the charge:

novice range: more than zero but under 0.02 (learner, P-plate and unlicensed drivers);
special range: 0.02 to under 0.05 (heavy vehicle, bus, taxi and dangerous goods drivers);
low range: 0.05 to under 0.08;
mid range: 0.08 to under 0.15;
high range: 0.15 or more.

Drug testing works differently. A positive roadside oral fluid test for cannabis, methylamphetamine, MDMA or cocaine leads to a second sample sent for laboratory analysis. The charge, if one follows, comes weeks later.

Stage 2: Which notice did police give you, and can you drive?

Where you are: home again, holding one or more pieces of paper.

The notices tell you which path your case is on:

Penalty notice. For a first novice, special or low range offence, or a first drug presence offence, police may issue a fine with a 3-month licence suspension. There is no court case and no conviction unless you elect to go to court (TfNSW).
Court attendance notice. This sets your first date at Ballina Local Court (or Mullumbimby, if that is the court named).
Immediate suspension notice. For a mid range, high range, DUI or refusal charge, police can suspend your licence from that moment (s 224). It usually lasts until the case is finished.

If you were suspended, do not drive. You can appeal the suspension to the Local Court under s 268, but the court can lift it only in exceptional circumstances, and ordinary inconvenience is not enough. Any appeal must be filed before the charge itself is decided.

Stage 3: What should you do in the weeks before court?

Where you are: between the charge and the first mention, usually several weeks.

This is the stage with the most room to act. Things to do:

Get your driving record from Service NSW. A penalty notice or conviction in the last 5 years can make this a second offence (RTA s 9).
Check the police facts once you receive them. Errors about the time, the distance driven or what you said should be raised before any plea.
Enrol in the Traffic Offenders Program. It is not compulsory, but a certificate shows the court you have reflected on the offence.
Ask for references. Each writer should know about the charge and say so.
Gather documents about work, study, caring duties and health.
Think about alcohol or drug use honestly. If counselling would help, starting before court gives the magistrate something real to consider.

If the evidence is in doubt, this is also the time to look at defences, such as the 2-hour rule or who was driving. See our NSW drink driving defences guide.

Stage 4: What happens at the first mention in Ballina?

Where you are: at the courthouse on the corner of River and Martin Streets.

The official Local Court list gives Ballina's postal address as PO Box 8, Ballina NSW 2478, phone (02) 6681 2200 or 1300 679 272 and fax (02) 6681 2219. The registry and phone lines are open 9.00am to 1.00pm and 2.00pm to 4.00pm, Monday to Friday. AVL facilities are available in Courtroom 1.

At the first mention you enter a plea. If you plead guilty and are ready, the magistrate can sentence you that day. If you need time to finish the program or collect material, you can ask for an adjournment. If you plead not guilty, the case is set down for a hearing. Arrive early, go through security, find your name on the list and wait to be called. Our NSW DUI court process guide describes the courtroom steps.

If your notice names Mullumbimby, that court sits on the first and second Wednesday after the first Monday of each month and uses Ballina's phone and fax.

Stage 5: What if you plead not guilty?

Where you are: heading to a defended hearing on a later date.

Police must prove each part of the charge beyond reasonable doubt. For a PCA charge that includes that you drove, that the analysis was done properly and within time, and the reading. The police will serve a brief of evidence before the hearing. If the brief shows a weakness, the charge may be withdrawn or changed. If you are found guilty after a hearing, you lose the reduction in penalty that an early guilty plea brings, so this path needs care.

A hearing at Ballina usually needs the police officers who conducted the test to attend and give evidence, so it is listed on a date that suits the court and the witnesses. You can ask for the brief early, and you are entitled to see the material the prosecution relies on before you decide how to plead. If the evidence turns out to be solid, you can still change your plea to guilty before the hearing date, although the reduction for the plea is smaller the later it comes.

Stage 6: What can the magistrate order at sentence?

Where you are: in the courtroom, after a guilty plea or a finding of guilt.

The magistrate first decides whether to record a conviction. Under CSPA section 10, the court can dismiss the charge or make a conditional release order without conviction. That means no disqualification and no interlock. It is not available if you received a section 10 for a similar major offence in the last 5 years (RTA s 203). Our page on no-conviction outcomes for drink driving in NSW explains the factors.

If a conviction is recorded, the licence consequences for a first offence are:

Charge	Maximum penalty	Licence
Novice, special or low range	$2,200	Disqualified 6 months automatically, can be reduced to 3
Mid range	$2,200 and/or 9 months' prison	Interlock order: 3–6 months off the road, then at least 12 months on an interlock
High range, DUI or refusal	$3,300 and/or 18 months' prison	Interlock order: 6–9 months off the road, then at least 24 months on an interlock
Illicit drug present	$2,200	Disqualified 6 months automatically, can be reduced to 3

For a second offence within 5 years the maximums rise and every drink driving range becomes an interlock offence. If the court makes an exemption order instead of an interlock order, a longer disqualification applies under s 205. All figures are on our NSW drink driving penalties page.

Stage 7: How do you get back on the road?

Where you are: after the court case, counting down to the end of the disqualification.

If you were disqualified without an interlock order, you apply to Service NSW for a new licence when the period ends. A second offender must pass the Driver Knowledge Test first.

If an interlock order was made, you serve the off-road period, then apply for an interlock licence and have an approved device fitted. You can only drive a vehicle with the interlock for the minimum period, and you must meet the program's performance requirements before it is removed. If you do not enter the program, you stay disqualified for 5 years.

The interlock has running costs: the device is leased from an approved provider and must be serviced at set intervals, so check where the nearest service centre to Ballina is before you choose a provider. The device records every test, including failed and missed tests, and that record is checked before you can leave the program. Planning for those costs and appointments early, while you are still off the road, makes the move to an interlock licence much smoother when the off-road period ends. See the TfNSW Alcohol Interlock Program page and our NSW alcohol interlock guide.

NSW has no work licence that allows driving during a drink or drug driving disqualification. Driving before the period ends is a separate offence, explained on our NSW disqualified driving page.

What if there are other charges from the same night?

Where you are: facing more than one charge from the same incident.

A drink driving charge often comes with something else. Common examples are driving while suspended or unlicensed, driving an unregistered or uninsured vehicle, negligent driving after a minor crash, or a separate drug presence charge from the same stop. Each charge is dealt with on its own terms, but the magistrate will usually sentence them together and look at the overall picture.

Two points are worth knowing. First, a disqualification for one offence and a disqualification for another can be ordered to run one after the other, which can make the total time off the road much longer. Second, a crash, injury or damage to property, even minor, makes the drink driving charge itself more serious. If the police facts describe your driving as dangerous or negligent, read our pages on NSW negligent driving and dangerous driving charges in NSW, and bring every notice you received to the first meeting so the whole set of charges can be planned for at once.

If a charge on the sheet is wrong, such as a charge that duplicates another or rests on a fact that is not correct, it can sometimes be withdrawn by negotiation with police before the plea. That has to happen before you plead guilty, not after.

How does medicinal cannabis affect a drug driving charge?

In the Northern Rivers this question comes up often. As the law stood when we checked it, holding a prescription for medicinal cannabis containing THC is not a defence to the offence of driving with an illicit drug present (s 111). The offence does not require proof that you were affected. A prescription may still be relevant to sentence, and to whether a section 10 is appropriate. If you use prescribed cannabis, get advice before your first court date. Our NSW drug driving penalties guide has more detail.

Which courts are near Ballina?

A 2026 change is coming. The Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Act 2026 (NSW) passed in September 2026 but, as at 21 October 2026, has not commenced. Until it starts, the drug presence offence applies to prescribed THC in the same way. - Lismore Local Court – about 35 km west on the Bruxner Highway - Byron Bay drink driving matters – about 30 km north - Mullumbimby DUI charges – Dalley Street, about 45 km north; registry through Ballina

All NSW courts are listed in our NSW courts we attend directory.

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Ballina drink driving FAQs

What are Ballina Local Court's contact details?

The official list gives the corner of River and Martin Streets, Ballina NSW 2478; PO Box 8, Ballina NSW 2478; phone (02) 6681 2200 or 1300 679 272; fax (02) 6681 2219. Registry and phone hours are 9.00am to 1.00pm and 2.00pm to 4.00pm, Monday to Friday.

Can my case be finished at the first mention?

Yes, if you plead guilty and your material is ready. Many people ask for one adjournment to finish the Traffic Offenders Program and gather references. The magistrate decides whether to grant it.

I'm on holiday in Ballina from Queensland. What law applies?

NSW law, because the offence happened in NSW. The NSW ranges, penalties and interlock rules apply, whatever state issued your licence. A NSW disqualification will usually affect your home licence too.

Does the time I was suspended before court count?

Usually the magistrate takes the time you have already been off the road under an immediate suspension into account when setting the disqualification. Keep a copy of the suspension notice.

Is drug driving treated as seriously as drink driving?

A first drug presence offence carries the same maximum fine and automatic disqualification as a first low range offence. Driving under the influence of a drug is more serious and carries higher penalties.

Do I need to go to court if I got a penalty notice?

No. You pay the fine and serve the 3-month suspension. You can elect to have the matter heard in court, but the court can then impose a higher fine and a longer disqualification, so get advice first.

Sources and date checked

Sources and references for this page, checked 20 Oct 2026.

Local Court of NSW – Court locations B (Ballina) — checked 19 Oct 2026
Local Court of NSW – Court locations M (Mullumbimby – c/- Ballina) — checked 19 Oct 2026
Road Transport Act 2013 (NSW) – current version (ss 9, 110, 111, 112, 203, 205, 209–212, 224, 268; Sch 3) — checked 20 Oct 2026
Crimes (Sentencing Procedure) Act 1999 (NSW) – s 10; s 17 (penalty unit $110) — checked 20 Oct 2026
NSW Government (Transport for NSW) – Drink and drug driving penalties — checked 20 Oct 2026
NSW Government (Transport for NSW) – Alcohol Interlock Program — checked 20 Oct 2026

This page is general information about New South Wales law only. It is not legal advice. Every matter turns on its own facts.

Ballina Local Court — court details

Ballina Local Court

Street: Corner River and Martin Streets, Ballina NSW 2478
Postal: PO Box 8, Ballina NSW 2478
Phone: (02) 6681 2200 or 1300 679 272
Registry hours: Registry and telephone 9.00am – 1.00pm and 2.00pm – 4.00pm
Days open: Monday to Friday
Facilities: Audio visual link (AVL) facilities in Courtroom 1

➜ Get directions

Local Court of NSW, Court locations – B (localcourt.nsw.gov.au), saved 19 Oct 2026. These are the court registry's details, not Boorman Lawyers office details. Check your court papers for your listing time and courtroom.

NSW Traffic Law

Choose your NSW traffic law topicNSW

Guides for New South Wales traffic law matters.

NSWDrink Driving OffencesRead guide →NSWDrink Driving PenaltiesRead guide →NSWDrink Driving DefencesRead guide →NSWDrug Driving Offences & PenaltiesRead guide →NSWHigh Range PCA Guideline JudgmentRead guide →NSWLicence Suspension AppealRead guide →NSWAlcohol Interlock LawsRead guide →NSWNo Conviction Drink DrivingRead guide →NSWTraffic Offenders ProgramRead guide →NSWDUI Court Process GuideRead guide →NSWDangerous DrivingRead guide →NSWDisqualified DrivingRead guide →

Enquire about legal representation

Call 1300 941 900 or make an enquiry about legal representation.

What to have ready

Court & next listing date: Which court is on your paperwork and when your matter is listed.
Charge or reading (if known): Tell us the charge or reading if you have it — you do not need your full police facts yet.
Work & driving needs: Let us know if you rely on your licence for work or family responsibilities.

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