NEW SOUTH WALES

Byron Bay DUI Lawyers

In shortBoorman Lawyers are experienced, dedicated drink driving, drug driving and DUI lawyers who regularly appear at Byron Bay Local Court and represent clients facing alcohol, drug and serious traffic charges at this courthouse. Byron Bay Local Court at 7 Middleton Street deals with drink and drug driving charges from the town, the hinterland and a large visitor population. We assist clients at Byron Bay 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: Byron Bay Local Court, 7 Middleton Street, Byron Bay NSW 2481. Phone (02) 6681 2250 or 1300 679 272. Open Monday to Friday.
Key decision: a conviction triggers the automatic disqualification or interlock order. A section 10 outcome does not.
Visitors: police can suspend an interstate driver's authority to drive in NSW on the spot.

New South Wales law · law checked 20 Oct 2026

Call 1300 941 900 Make an enquiry about legal representation

Byron Bay Local Court courthouse – Boorman Lawyers

What's on this page

What can the Byron Bay court actually do with a drink driving charge?

More than you might expect. A Magistrate at Byron Bay Local Court is not choosing only between "fine" and "jail". NSW sentencing law provides a ladder of options, from dismissing the charge without a conviction up to full-time imprisonment. Where your matter lands on that ladder decides your record, your licence and, for people in hospitality, tourism and trades around Byron, your job.

The table below sets out each rung, with the section of the Crimes (Sentencing Procedure) Act 1999 (CSPA) that creates it and what it means for your licence under the Road Transport Act 2013.

How does the sentencing ladder work, rung by rung?

Rung	What the court orders	Conviction recorded?	Effect on your licence
1. Dismissal (CSPA s 10(1)(a))	The charge is proved but dismissed	No	No automatic disqualification and no interlock order
2. Conditional release order without conviction (s 10(1)(b) and s 9)	Good behaviour conditions for a set term, no conviction	No	No automatic disqualification and no interlock order
3. Conviction with no other penalty (s 10A)	A conviction, but no fine or order	Yes	The disqualification or interlock order still applies
4. Fine	A fine within the maximum for the offence	Yes	Disqualification or interlock order applies
5. Conditional release order with conviction (s 9)	Good behaviour conditions, with a conviction	Yes	Disqualification or interlock order applies
6. Community correction order (s 8)	A community-based order, which can include conditions such as community service work	Yes	Disqualification or interlock order applies
7. Intensive correction order (s 7)	A prison sentence served in the community under strict conditions	Yes	Disqualification or interlock order applies
8. Full-time imprisonment	Jail, available only where the offence carries prison	Yes	Disqualification or interlock order applies

The dividing line is between rungs 2 and 3. Above it, there is no conviction, so the licence consequences in the Road Transport Act do not switch on. From rung 3 onwards, a conviction is recorded and the court must apply the automatic or minimum disqualification, or make an interlock order for a mandatory interlock offence, whatever else it orders. A fine and a conditional release order cannot both be imposed for the same offence (s 9(3)). Section 10(1)(c) also allows a discharge, without conviction, on condition that you take part in an intervention program.

When might the lower rungs be open?

The court can only use rungs 1 and 2 if it decides, under section 10, that it is appropriate. It must consider your character, antecedents, age, health and mental condition, the trivial or otherwise nature of the offence, and any extenuating circumstances. Two rules narrow the field:

The five-year bar. If you received a section 10 for a similar offence in the previous 5 years, the court cannot give you another (RTA s 203).
The reading matters. A low range offence with an unblemished record and strong material is a very different case from a high range reading or a crash. The higher you go, the harder the argument becomes.

An early guilty plea must also be taken into account (CSPA s 22). Our guide to avoiding a conviction for drink driving in NSW explains the factors in more detail.

What licence consequences apply if a conviction is recorded?

These are the first-offence rules. Fines are maximums, at $110 per penalty unit.

Charge	Maximum fine and prison	Licence on conviction
Novice, special or low range PCA	$2,200	Automatic 6 months, reducible to a 3-month minimum
Mid range PCA	$2,200 and/or 9 months	Interlock order: 3–6 months' disqualification, then at least 12 months on an interlock
High range PCA	$3,300 and/or 18 months	Interlock order: 6–9 months' disqualification, then at least 24 months on an interlock
DUI (alcohol)	$3,300 and/or 18 months	Interlock order, as for high range
Prescribed illicit drug present	$2,200	Automatic 6 months, reducible to a 3-month minimum

A second offence within 5 years carries higher maximums and longer periods. A drink or drug driving penalty notice in that time counts as a previous offence (RTA s 9(2A)). Transport for NSW summarises the scheme on its drink and drug driving penalties page. Our NSW drink driving penalties guide has the repeat-offence tables, and the interlock guide covers exemption orders, which are narrow. If you do not enter the interlock program after an order, the law disqualifies you for 5 years.

What options do you have before the sentencing day?

The ladder is about the end of the case. Before that, there are earlier decisions, each with its own trade-offs.

Decision	Options	What to weigh up
Plea	Guilty, or not guilty	A plea of not guilty needs a genuine issue with the evidence or procedure. An early guilty plea must be taken into account.
Immediate suspension	Accept it, or appeal	An appeal must be filed before the charge is decided. The court can lift the suspension only for exceptional circumstances, and it does not consider the circumstances of the offence (RTA s 268). See our suspension appeal guide.
Timing	Finalise at the first date, or ask for an adjournment to prepare	Extra time can allow a program, counselling and references to be completed. Any suspension keeps running while you wait.
Preparation	Traffic Offenders Program, counselling, references, employer letter	These go to the section 10 factors. Check that a Traffic Offenders Program provider is one the court will accept before you enrol.

What if you are visiting Byron Bay from interstate?

Byron draws visitors from every state, and a charge can involve someone who does not hold a NSW licence. The NSW rules still apply in full. If police give an interstate licence holder an immediate suspension notice, section 224(4)(b) of the Road Transport Act suspends that person's authority to drive in NSW until the charge is decided. The case is heard at Byron Bay under NSW law. What happens to your home licence after a NSW disqualification is a matter for your own licensing authority, so ask early, especially if you need to drive home.

If you live a long way away, talk to your lawyer about attendance. The courthouse has audio visual link facilities. Whether you can appear other than in person depends on the court and the matter.

Why does drug testing matter around Byron?

Mobile drug testing is a routine part of policing on the approaches to Byron Bay and around the region's festivals and holiday periods. Under section 111 of the Act, the presence of THC, methylamphetamine, MDMA or cocaine in your oral fluid, blood or urine is enough. Police do not need to prove you were affected. Cannabis can remain detectable well after its effects have worn off. The penalties match low range PCA for a first offence. If police allege actual impairment, the charge may be DUI under section 112, which is more serious. See our NSW drug driving offences guide.

Other situations can include returning from venues on Ewingsdale and Bangalow Roads, hospitality workers driving home after late shifts, and "morning after" readings for people heading out early to work or the beach.

Which courts are near Byron Bay?

Mullumbimby drink driving matters – Dalley Street, about 15 km. Open on the first and second Wednesday after the first Monday of each month. Phone through Ballina, (02) 6681 2200 or 1300 679 272.
Ballina Local Court DUI – corner of River and Martin Streets, about 24 km. Open Monday to Friday.
Lismore court representation – 9–11 Zadoc Street, about 37 km. Open Monday to Friday.

For other NSW locations, see the NSW courts we attend directory.

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Byron Bay drink driving FAQs

Where is Byron Bay Local Court and when is it open?

At 7 Middleton Street, Byron Bay NSW 2481 (PO Box 70). The registry opens 9.30am on Mondays and 9.00am Tuesday to Friday. It closes for lunch from 1.00pm to 2.00pm and shuts at 4.00pm. The phone number is (02) 6681 2250 or 1300 679 272.

If the court records a conviction but only fines me, do I still lose my licence?

Yes. Once a conviction is recorded, the disqualification or interlock order applies under the Road Transport Act, regardless of whether the penalty is a fine, a conditional release order or something more serious.

Is a conditional release order always without conviction?

No. A conditional release order can be made with a conviction (section 9) or without one (section 10(1)(b)). Only the version without a conviction avoids the automatic licence consequences.

Can I be sent to jail for a first offence?

The offence carries prison for mid range, high range and DUI, so it is legally available. Whether it is imposed depends on the reading, the circumstances, your record and the other options on the ladder. Full-time imprisonment is a last resort.

I'm on holiday and was suspended on the spot. Can I still drive home interstate?

Not in NSW while the suspension applies. The notice suspends your authority to drive in this state. For anything beyond the NSW border, ask your own licensing authority before you drive.

Sources and date checked

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

Local Court of NSW – Court locations B (Byron Bay, Ballina) — checked 19 Oct 2026
Local Court of NSW – Court locations L and M (Lismore, Mullumbimby) — checked 19 Oct 2026
Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 7, 8, 9, 10, 10A, 22 — checked 20 Oct 2026
Road Transport Act 2013 (NSW) – current version (ss 9, 110, 111, 112, 203, 205, 209–212, 224(4)(b), 268) — checked 20 Oct 2026
NSW Government (Transport for NSW) – Drink and drug driving penalties — 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.

Byron Bay Local Court — court details

Byron Bay Local Court

Street: 7 Middleton Street, Byron Bay NSW 2481
Postal: PO Box 70, Byron Bay NSW 2481
Phone: (02) 6681 2250 or 1300 679 272
Registry hours: Registry Monday 9.30am – 1.00pm and 2.00pm – 4.00pm; Tuesday to Friday 9.00am – 1.00pm and 2.00pm – 4.00pm. Telephone 9.00am – 1.00pm and 2.00pm – 4.00pm
Days open: Monday to Friday
Facilities: Audio visual link (AVL) facilities

➜ 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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