Atherton DUI Lawyers
In shortBoorman Lawyers are experienced, dedicated drink driving, drug driving and DUI lawyers who regularly appear at Atherton Magistrates Court and represent clients facing alcohol, drug and serious traffic charges at this courthouse. During its refurbishment, Atherton Magistrates Court sits at Destiny Church, 49-57 Loder Street, and the registry is at 25 Mabel Street. It is a Mareeba circuit court: the general callover, including traffic and transport matters, runs on set days, mostly Tuesdays, with all matters first listed at 8.30am. We assist clients at Atherton Magistrates Court by appearing at court mentions, guilty pleas and sentencing hearings, preparing comprehensive sentencing submissions and character reference material, advising on compulsory licence disqualification periods and mandatory alcohol interlock rules under Queensland law, and preparing section 87 restricted work licence and special hardship order applications.
- Court (temporary, from 26 May 2026): Destiny Church, 49-57 Loder Street, Atherton Qld 4883. Registry: 25 Mabel Street. Phone (07) 4095 6900.
- Callover (2026 calendar): general callover incl. traffic/transport, 8.30am on listed days (mostly Tuesdays); Mareeba circuit.
- Licence: disqualification on every conviction (TORUM s 86); interlock from 0.10 (s 91I).
Queensland law · law checked 20 Oct 2026
What's on this page
Where is Atherton court sitting at the moment?
Not in the Main Street courthouse. While the Atherton courthouse is refurbished, sittings are held at Destiny Church, 49-57 Loder Street, Atherton, from Tuesday 26 May 2026, and the registry has moved to 25 Mabel Street from 25 May 2026. That is the position shown in the Queensland Courts directory (checked 19 October 2026) and on the court's 2026 calendar. Older notices, websites and maps may still show 81 Main Street, so check before you set off.
Atherton is a Mareeba circuit court. Its calendar lists the general callover, domestic violence applications, children's court, and "Traffic/Transport other Government Departments/Council" on the same days, which in the rest of 2026 mostly fall on Tuesdays. The practice note says every matter is first listed for a callover at 8.30am, criminal remand time is 8.30am, and hearing dates are allocated by the magistrate on a callover day.
What do people on the Tablelands get wrong about drink driving charges?
A lot of what gets said at the pub or the footy club about drink driving court is out of date or wrong. Here are eight common beliefs, rated against Queensland law:
| What people say | Rating |
|---|---|
| "A first low-range offence is just a fine." | False |
| "Under 0.10 you lose your licence on the spot until court." | False |
| "Anyone who needs their licence for work gets a work licence." | False |
| "The interlock is only for high-range and repeat drivers." | Out of date |
| "If you stay off the road for a year, the interlock lapses." | False |
| "Drug driving is only a problem if you were stoned." | Partly true |
| "Court's on Main Street, any weekday." | Out of date |
| "No conviction means you keep your licence." | False |
Each one is explained below, with the rule that applies.
Is a first low-range offence really just a fine?
No. Section 86 of the Transport Operations (Road Use Management) Act 1995 (TORUM) makes a licence disqualification compulsory on every drink or drug driving conviction, first offence included. The magistrate has no power to leave it out, only to choose its length and impose a fine as well.
For a first offence the ranges are:
- 0.05 to under 0.10 on an open licence: 2 to 9 months.
- 0.10 to under 0.15 on an open licence: 3 to 12 months.
- Learner, P plate, probationary or unlicensed, any alcohol: 3 to 9 months.
- Zero-limit open licence (truck, bus, taxi and similar), any alcohol: 1 to 9 months.
- 0.15 or more, under the influence, or refusing a specimen: 6 months minimum.
Within those ranges, s 86(2A) directs the court to the reading and the real or potential danger to the public. Repeat offences within five years carry longer periods. The full list of fines is on the Queensland drink driving penalties page.
Do you lose your licence straight away if you were under 0.10?
No, if you were on an open licence with nothing else pending. Under TORUM s 79B, a reading between 0.05 and under 0.10 on an open licence, with no other drink or drug driving charge outstanding, attracts a 24-hour suspension. After that you may drive until the case is decided.
The belief probably comes from the other rule in the same section: at 0.10 or above, on an under the influence or refusal charge, or with another charge already pending, the licence is suspended until the court has dealt with the matter. Novice drivers on learner, provisional or probationary licences can be in a different position again. Read your notice, and if you are suspended, organise a lift to Loder Street from Tolga, Malanda, Yungaburra or Herberton.
If you need your licence for work, will you get a work licence?
No. A restricted (work) licence under TORUM s 87 depends first on eligibility, and need comes second. Think of it as two hurdles.
Hurdle one – who can apply at all. On the date of the offence you must have held an open Queensland licence. The charge must not be under the influence or a refusal, and the reading must be under 0.15. You must not have been driving a truck, bus or other specified vehicle, or driving as part of your job. And you must have had no drink driving conviction, and no suspension, cancellation or disqualification of your licence, in the previous five years. A P plater, a 0.16 reading, or a demerit suspension two years ago each end the matter.
Hurdle two – what you must prove. Then, by affidavit, you must show that refusing the order would cause extreme hardship to you or your family by depriving you of your means of earning a living, and that you are a fit and proper person to drive. On the Tablelands that might be an avocado or banana packing-shed worker starting before light outside Walkamin, a dairy hand milking near Malanda twice a day, or a carer travelling between clients in Herberton and Ravenshoe. Rosters, distances and an employer's affidavit make the case; "I need my car" does not.
The application must be decided before the disqualification starts, so it is prepared before your callover. If your reading was 0.10 or above, an interlock condition applies to the work licence (s 91K). The government's restricted licence page and our guide to work licences set out the steps. A special hardship order is for other suspensions, such as demerit points, and is no answer to a drink driving disqualification.
Is the interlock only for high-range and repeat drivers?
That is out of date. Under TORUM s 91I, an interlock follows a conviction for:
- any reading of 0.10 or more, even a first offence;
- driving under the influence of alcohol;
- failing to provide a breath or blood specimen; or
- a second drink driving offence within five years.
So a first-time driver at 0.11 is caught. The interlock is not part of the court's disqualification. It begins after you have served the disqualification and TMR issues a new licence, and then you can drive only a vehicle fitted with an approved device.
Does the interlock lapse if you just stop driving?
No. The interlock period is 12 months, and it only counts while you are licensed with the condition. If you never get relicensed, or put off fitting the device, the obligation waits. Failed or missed breath tests recorded by the device can extend the period (s 91N). There are narrow exemptions, such as for some medical conditions. Before your licence date, ask an approved provider where the device is fitted and serviced, as that may mean trips to Cairns. The Queensland Government's interlock information and our summary of interlock law give more detail.
Is drug driving only a problem if you were affected?
Partly true. Queensland has two different drug driving charges. Driving with a relevant drug present (THC, methylamphetamine or MDMA) in saliva or blood needs no proof that your driving was affected; a positive lab result is enough. Driving under the influence of a drug does require proof that you were affected, and it carries a disqualification of at least 6 months. Both lead to a compulsory disqualification.
Because the saliva sample is sent to a laboratory, the charge can arrive weeks after the roadside test, and your licence position while you wait depends on the facts. See drug driving penalties in Queensland. If a crash or poor driving was involved, see dangerous driving.
Can you turn up at court on any weekday?
No, and Main Street is out of date for now. The court sits on the days set in the Mareeba circuit calendar, not on any weekday you choose. Based on the calendar, the remaining 2026 callover days appear to be Tuesday 27 October; Tuesdays 3, 10, 17 and 24 November; and Tuesdays 1, 8, 15 and 22 December. Child protection and civil/QCAT matters run every second Thursday. Video appearances start from 10am.
Your Notice to Appear gives your date. Arrive at Destiny Church, 49-57 Loder Street, before 8.30am. If you are unsure, ring the registry on (07) 4095 6900 between 8.30am and 4.30pm on a weekday. The DUI court process guide explains what happens once your name is called.
Does a no-conviction order mean you keep your licence?
No. Under section 12 of the Penalties and Sentences Act 1992 the court can decide not to record a conviction. It considers the nature of the offence, your character and age, and the impact on your economic or social wellbeing and chances of employment. But the disqualification still applies. The two are separate orders. See no conviction for drink driving and traffic offender courses, which some people complete before sentence.
Should you plead guilty at the first callover?
Not until you have checked what police allege. The QP9 (police summary of facts) should match what happened. Police must prove you were driving or in charge of the vehicle and that the breath test complied with TORUM s 80. If something is disputed, the magistrate allocates a hearing date on a callover day. Our pages on drink driving defences and Queensland drink driving offences explain the elements.
Which courts are near Atherton?
Cairns is about 80 km by road down the Gillies or Kuranda range. Mareeba, which runs the circuit, is about 35 km north. Townsville and Charters Towers are several hours south. More is on the Queensland traffic law hub and in the traffic law FAQs.
Atherton Magistrates Court details
| Court sittings (temporary, from 26 May 2026) | Destiny Church, 49-57 Loder Street, Atherton Qld 4883 |
| Registry (temporary, from 25 May 2026) | 25 Mabel Street, Atherton Qld 4883 |
| Phone | (07) 4095 6900 |
| courthouse.atherton@justice.qld.gov.au | |
| Registry hours | 8.30am to 4.30pm Monday to Friday |
| Callover | All matters first listed 8.30am on callover days (mostly Tuesdays) |
From the Queensland Courts Magistrates Courts directory, checked 19 October 2026, and the Atherton 2026 calendar, checked 20 October 2026.
For an Atherton or Tablelands matter, call 1300 941 900 or make an enquiry about legal representation.
Atherton DUI Court Outcome Review Video
Queensland penalty changes in 2026: check your offence date (law checked 20 Oct 2026).
Offences on or after 31 August 2026: higher maximum fines apply. They are 20 penalty units ($3,454) for the general alcohol limit and no alcohol limit offences, 28 ($4,835.60) for the middle alcohol limit and 40 ($6,908) for driving under the influence of liquor or a drug. A first general alcohol limit conviction (0.05 to under 0.10) on an open licence now carries 2 to 9 months' disqualification. For offences before 31 August 2026 it was 1 to 9 months. Police can now give an eligible first low-range driver on an open Queensland licence an infringement notice of $1,295 instead of a court charge. Unless the driver elects to go to court, a 2-month disqualification follows. It counts as a conviction, and there is no work licence for that period. Drug driving (a relevant drug present) has not changed yet. The maximum is 14 penalty units ($2,417.80) or 3 months, with 1 to 9 months' disqualification on an open licence and 3 to 9 months for learner, P-plate and unlicensed drivers.
Offences on or after 1 December 2026: minimum fines start for drink and drug driving. For example, the minimum is 7.5 penalty units for low range and for drug driving. The drug driving maximum rises to 28 penalty units, and a first offence on an open licence carries 2 to 9 months' disqualification. A new offence of driving with a relevant drug present while over an alcohol limit adds 1 month to the disqualification range.
An offence committed before a change is generally dealt with under the penalties in force when it happened. Sources: TORUM ss 78E, 79, 79B, 79H–79J and 86, as amended by the Queensland Community Safety Act 2024 and the Transport and Other Legislation Amendment Act 2026. Penalty unit $172.70 from 1 July 2026.
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“5 stars”
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Jessica Pantano (opens full review in a new tab) - Facebook review by Dave Thompson.
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Dave Thompson (opens full review in a new tab) - Facebook review by Monika Kundu.
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Monika Kundu (opens full review in a new tab) - Facebook review by Heidi Mcmillin.
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Heidi Mcmillin (opens full review in a new tab) - Facebook review by King Leong.
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King Leong (opens full review in a new tab) - Facebook review by Andrew Ormsby.
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Andrew Ormsby (opens full review in a new tab) - Facebook review by Craig Stewart.
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Craig Stewart (opens full review in a new tab) - Facebook review by Jennifer Fernandes.
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Jennifer Fernandes (opens full review in a new tab) - Facebook review by Dan Gannon.
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Dan Gannon (opens full review in a new tab) - Facebook review by Jules Hannan.
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Atherton drink driving FAQs
Is Atherton court still on Main Street?
Not during the refurbishment. Sittings are at Destiny Church, 49-57 Loder Street, and the registry is at 25 Mabel Street.
What time should I arrive?
Before 8.30am. Every matter is first listed for the callover at 8.30am.
Will I lose my licence for a first offence at 0.06?
On conviction, yes. The range on an open licence at 0.05 to under 0.10 is 2 to 9 months.
Can I get a work licence if I was on my P plates?
No. Section 87 requires an open licence at the time of the offence.
Does a first offence at 0.12 mean an interlock?
Yes. Any reading of 0.10 or more triggers the interlock after relicensing.
How do I contact the registry?
Phone (07) 4095 6900 or email courthouse.atherton@justice.qld.gov.au, 8.30am to 4.30pm on weekdays.
Sources and date checked
Sources and references for this page, checked 20 Oct 2026.
- Queensland Courts – Magistrates Courts directory (Atherton – temporary court and registry addresses) — checked 19 Oct 2026
- Queensland Courts – Atherton Magistrates Court 2026 calendar (PDF) — checked 20 Oct 2026
- Transport Operations (Road Use Management) Act 1995 (Qld) – reprint current from 21 September 2026 (ss 79, 79B, 80, 86, 87, 91I, 91K, 91N) — checked 20 Oct 2026
- Queensland Government (TMR) – Restricted (work) licence — checked 20 Oct 2026
- Queensland Government (TMR) – Alcohol ignition interlocks — checked 20 Oct 2026
- Queensland Community Safety Act 2024 (Act No. 45), ss 93–104 – TORUM amendments commenced 31 August 2026 — checked 20 Oct 2026
- Transport and Other Legislation Amendment Act 2026 (Act No. 23) – assent 21 September 2026; pt 10 div 3 commences 1 December 2026 — checked 20 Oct 2026
- TORUM legislative history (commencement of amending Acts) — checked 20 Oct 2026
This page is general information about Queensland law only. It is not legal advice. Every matter turns on its own facts.
Atherton Magistrates Court — court details
Atherton Magistrates Court
- Street
- 49-57 Loder Street (Destiny Church – temporary from 26 May 2026), Atherton QLD 4883
- Postal
- Registry (temporary from 25 May 2026): 25 Mabel Street, Atherton Qld 4883
- Phone
- (07) 4095 6900
- courthouse.atherton@justice.qld.gov.au
- Registry hours
- 8.30am – 4.30pm Monday to Friday
- Days open
- Mareeba circuit: general callover incl. traffic/transport and government departments, listed days (mostly Tuesdays), all matters first listed 8.30am; child protection and civil/QCAT every second Thursday
- Facilities
- See the Queensland Courts directory
Queensland Courts, Magistrates Courts directory (saved 19 Oct 2026) and Atherton Magistrates Court 2026 calendar (downloaded 20 Oct 2026). These are the court registry's details, not Boorman Lawyers office details. Check your court papers for your listing time and courtroom.
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- 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.
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