QUEENSLAND

Biloela DUI Lawyers

In shortBoorman Lawyers are experienced, dedicated drink driving, drug driving and DUI lawyers who regularly appear at Biloela Magistrates Court and represent clients facing alcohol, drug and serious traffic charges at this courthouse. Biloela Magistrates Court is a Rockhampton circuit court. Criminal and traffic matters are called at 9.30am on one Tuesday a month, with 10 November and 15 December left in 2026. Rockhampton handles enquiries and filing. We assist clients at Biloela 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: Biloela Magistrates Court, 28 Melton Street (corner Grevillea Street), Biloela Qld 4715. Phone (07) 4992 8700. Registry for enquiries and filing: Rockhampton, (07) 4887 1700.
  • Criminal and traffic callover (2026 calendar): 9.30am, one Tuesday a month – remaining 10 November and 15 December 2026.
  • Licence: disqualification on every conviction (TORUM s 86); interlock from 0.10 (s 91I).

Queensland law · law checked 20 Oct 2026

Biloela Magistrates Court building, Queensland, with the Boorman Lawyers logo and phone number 1300 941 900
What's on this page

How long will you lose your licence for a Biloela drink driving charge?

If you are convicted, the magistrate must disqualify you. Section 86 of Queensland's Transport Operations (Road Use Management) Act 1995 (TORUM) sets a minimum and a maximum for each type of first offence, and the court cannot go below the minimum. This table is the starting point for every Biloela drink driving matter.

First offence in five years Minimum disqualification Maximum disqualification Work licence possible?
Open licence, 0.05 to under 0.10 (general limit) 2 months 9 months Yes, if every s 87 condition is met
Open licence, 0.10 to under 0.15 (middle limit) 3 months 12 months Yes, if eligible – with an interlock condition
Learner, provisional, probationary or unlicensed, over zero 3 months 9 months No
Truck, bus or other zero-limit driver on an open licence, over zero 1 month 9 months Not for that driving
0.15 or more (high limit) 6 months No fixed maximum No
Under the influence of liquor or a drug 6 months No fixed maximum No
Failing to give a breath or blood specimen 6 months No fixed maximum No

A fine is imposed as well, and a repeat offence within five years moves you into longer ranges. The drink driving penalties page lists the fines and repeat periods.

Where in the range will the magistrate land?

Section 86(2A) tells the court to consider the reading and the actual or potential danger to the public. Beyond that, the magistrate hears about the circumstances and about you. The table below shows the kinds of features that tend to be raised on each side. It is a guide to what the court looks at, not a prediction of any result.

Points toward the higher end Points toward the lower end
A reading near the top of the band A reading near the bottom of the band
A crash, damage or an injured person No crash and nothing unusual about the driving
Passengers, especially children Driving alone, short distance
Poor driving that drew police attention Stopped at a random breath test
A poor traffic history A long clean record
No steps taken since the charge A completed course, counselling or other steps

Your work and family circumstances – a shift at Callide, a long drive to a property, children to get to school in Thangool – can also be put before the court. They do not remove the minimum, but they are part of what the magistrate weighs. Evidence carries more weight than assertion: a letter from a supervisor confirming your roster, or a short statement from a family member about school runs and appointments, tells the court more than a general statement that a licence is important. Keep material honest and specific, and make sure referees know what the charge is, because a reference that does not mention it is given little weight.

When does Biloela court sit?

Biloela Magistrates Court is a circuit court served from Rockhampton. Its 2026 calendar lists the criminal callover – which covers criminal, corrections and traffic matters – at 9.30am on one Tuesday a month. The remaining dates in 2026 are Tuesday 10 November and Tuesday 15 December. Domestic violence matters are heard the following day.

The calendar asks anyone on bail to arrive 30 minutes before the callover so the duty lawyer can take instructions. Enquiries and filing are handled by the Rockhampton registry on (07) 4887 1700, so work licence affidavits and other documents need to reach Rockhampton in time. The calendar is on the Queensland Courts website.

Can you drive between the charge and the court date?

That depends on the row you fall into. Under TORUM s 79B:

  • 0.05 to under 0.10 on an open licence, with nothing else pending: a 24-hour suspension, then you can drive until court.
  • 0.10 or more, a refusal, or another drink driving charge pending: suspended from the roadside until the charge is decided.

Because Biloela sits monthly, an adjournment can mean another four weeks or more without a licence before the disqualification even begins. A s 79E order may help some drivers in limited situations. That is one reason to be ready on your first date if you intend to plead guilty.

Who can apply for a work licence at Biloela?

A restricted (work) licence under TORUM s 87 lets you drive for work during the disqualification. Eligibility is tested at the moment of the offence, and it works like a gate with four locks:

Lock You pass if…
Licence it was an open Queensland licence – not learner, P or probationary
Charge the reading was below 0.15 and the charge was neither under the influence nor a refusal
Vehicle and purpose the trip was private, not part of your job, and not in a truck, bus or other specified vehicle
History the five years before held no drink driving conviction and no suspension, cancellation or disqualification

Then you must satisfy the magistrate, by sworn affidavit, that refusing the licence would cause extreme hardship to you or your family by depriving you of the means of earning a living, and that you are a fit and proper person to drive. Think about who can give evidence: an employer explaining your role, your roster and why the job cannot be done without driving, and your own account of what you would lose. A farm worker who must move between paddocks and town, or a power station worker on early shifts with no transport, may be in that position; someone who could take a lift or a work bus may struggle.

If your reading was 0.10 or above, the work licence comes with an interlock condition (s 91K). The application must be heard before you are disqualified, so it needs to be filed through Rockhampton before your Biloela date. See the restricted work licence guide and TMR's restricted licence page.

A special hardship licence does not help with a drink driving disqualification. It is for other suspensions, such as for demerit points.

When is an interlock required?

After the disqualification, you apply to the Department of Transport and Main Roads for a new licence. It will be probationary for at least a year, with a zero alcohol limit. Under TORUM ss 91I and 91N, a 12-month interlock period follows for anyone whose certificate showed 0.10 or above, anyone convicted of under the influence or of failing to provide a specimen, and anyone with a repeat drink driving conviction. The reading trigger catches first offenders too, which surprises many Biloela drivers who assumed interlocks were only for repeat offenders. Until the period is completed, you cannot move back to an ordinary licence. The alcohol interlock page covers costs and exemptions; TMR's interlock page has the official rules.

How is drug driving penalised?

Drug driving has its own rules. A roadside saliva test positive for THC, methylamphetamine or MDMA leads to laboratory analysis, and the Notice to Appear often comes weeks later. Driving with a relevant drug present does not require proof of impairment; driving under the influence of a drug does, and it falls in the six-months-minimum row of the table above. Both bring a compulsory disqualification. The licence position while the charge is pending depends on the facts. See the drug driving offences and penalties page.

What if there was a crash on the Dawson or Burnett Highway?

A collision changes the picture. Damage to property, an injured person or a vehicle in a ditch are aggravating features, and they push the disqualification toward the top of the range in the first table. Police may also lay additional charges. Where someone is hurt or the driving was dangerous, they may charge dangerous operation of a vehicle while adversely affected, a criminal offence with far heavier penalties – see the dangerous driving page. An insurer may decline a claim where the driver was over the limit, so a crash can carry a financial cost well beyond the fine. If photographs, a damage estimate or medical evidence will be relevant, the matter is less likely to be finished at the first Tuesday callover.

What if you hold an interstate licence?

Contractors and seasonal workers in the Banana Shire sometimes hold a licence from another state. The charge is still decided under Queensland law, and the Biloela magistrate disqualifies you from holding or obtaining a Queensland licence. Your home licensing authority may then act on that order. Because s 87 requires an open Queensland licence, an interstate licence holder may not be able to apply for a work licence. Get advice on this early, because it changes what is worth preparing.

What happens on the Tuesday?

Arrive at Melton Street by 9am, check in and find out where to wait. The criminal callover starts at 9.30am and covers every criminal, corrections and traffic matter on the list, so it can be a long morning. When your matter is called, the prosecutor reads the facts and hands up your traffic history. You or your lawyer then speak about your circumstances and hand up references and certificates. If you have a work licence application, it is decided first; the magistrate then imposes the fine and the disqualification.

Can you keep a conviction off your record?

The magistrate may decide not to record a conviction under s 12 of the Penalties and Sentences Act 1992. The court considers the nature of the offence, your character and age, and the effect a conviction would have on your economic or social wellbeing and your chances of finding work. This can matter for people whose job, licence for other work or visa depends on a clean record. It does not change the disqualification in the table. See our no conviction drink driving page.

Should you plead guilty or not guilty?

That depends on the evidence. A not guilty plea suits a genuine dispute, such as whether you were driving or in charge of the vehicle, whether the breath test procedure under TORUM s 80 was followed, or whether a refusal was really a medical inability. The drink driving defences page explains possible defences, and the drink driving offences guide sets out the elements of each charge. A hearing at a monthly circuit court can take time to list, and if you were suspended until court, that time is spent off the road.

What should you bring to Biloela?

  • Your Notice to Appear and any police paperwork, including the breath analysis certificate.
  • Your TMR traffic history.
  • Two or three references from people who know about the charge.
  • An employer letter or affidavit if your job is part of the case.
  • A certificate from any course you have completed – the Traffic Offenders Program page explains the options.
  • Someone to drive you home, because the disqualification usually starts straight away.

If you cannot attend, contact the registry before the date or have a lawyer appear. Not attending can lead to the matter being dealt with in your absence or a warrant. The court process guide explains each step.

Which other courts are near Biloela?

Approximate straight-line distances: Gladstone about 97 km north-east, Rockhampton about 113 km north (and the Biloela registry), and Yeppoon about 143 km north. Your Notice to Appear names your court. More guides are on the QLD traffic law hub.

Biloela Magistrates Court details

Street address 28 Melton Street (corner Grevillea Street), Biloela Qld 4715
Postal address PO Box 984, Biloela Qld 4715
Phone (07) 4992 8700
Email courthouse.biloela@justice.qld.gov.au
Registry hours 8.30am to 4.30pm Monday, Wednesday, Thursday and Friday; 9.30am to 4.30pm Tuesday
Enquiries and filing Rockhampton registry – (07) 4887 1700

Source: Queensland Courts Magistrates Courts directory, checked 19 October 2026, and the Biloela 2026 calendar, checked 20 October 2026.

To talk about your Biloela matter, call 1300 941 900 or make an enquiry about legal representation.

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.

Biloela drink driving FAQs

What is the minimum disqualification for a first low-range offence?

Two months, on an open licence at 0.05 to under 0.10. The maximum is nine months (TORUM s 86(2)(eb)).

When are traffic matters heard in Biloela?

At the criminal callover, 9.30am on one Tuesday a month. The remaining 2026 dates are 10 November and 15 December.

Who do I contact about my Biloela court file?

The Rockhampton registry on (07) 4887 1700, which handles enquiries and filing for the Biloela circuit.

Can I get a work licence on P plates?

No. Section 87 requires an open Queensland licence at the time of the offence.

Does a reading of 0.12 mean an interlock?

Yes. Any reading of 0.10 or more brings a 12-month interlock after relicensing, even on a first offence.

Will refusing a breath test get a shorter ban?

No. A refusal carries at least six months' disqualification, rules out a work licence and triggers the interlock.

Biloela Magistrates Court — court details

Biloela Magistrates Court

Street
28 Melton Street, Biloela QLD 4715
Postal
PO Box 984, Biloela Qld 4715
Phone
(07) 4992 8700
Email
courthouse.biloela@justice.qld.gov.au
Registry hours
8.30am – 4.30pm Monday, Wednesday, Thursday and Friday; 9.30am – 4.30pm Tuesday
Days open
Criminal callover (all criminal, corrections and traffic matters) 9.30am on one Tuesday a month (Rockhampton circuit); enquiries and filing through the Rockhampton registry
➜ Get directions

Queensland Courts, Magistrates Courts directory (saved 19 Oct 2026) and Biloela 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.

Enquire about legal representation

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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