QUEENSLAND

Cairns DUI Lawyers

In shortBoorman Lawyers are experienced, dedicated drink driving, drug driving and DUI lawyers who regularly appear at Cairns Magistrates Court and represent clients facing alcohol, drug and serious traffic charges at this courthouse. Cairns Magistrates Court, at 5D Sheridan Street, runs an arrest court in Court 1 at 9am and 2.15pm each weekday. Restricted (work) licence applications under s 87 are heard on Wednesdays at 9am as listed by a magistrate, and a monthly traffic and licence list sits at 2.15pm. We assist clients at Cairns 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: Cairns Magistrates Court, Ground floor, 5D Sheridan Street, Cairns Qld 4870. Phone (07) 4280 6000.
  • Lists (2026 calendar): arrest court Court 1, 9am and 2.15pm weekdays; s 87 work licence applications Wednesdays 9am (as listed); traffic/licence list monthly 2.15pm (remaining 12 Nov, 3 Dec).
  • Licence: disqualification on every conviction (TORUM s 86); interlock from 0.10 (s 91I).

Queensland law · law checked 20 Oct 2026

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

What does a Cairns drink driving case look like from start to finish?

There are really two things running at once after a drink or drug driving charge in Cairns: the case in court, and what is happening to your licence. They move on different clocks. The table puts them side by side.

When Court track Licence track
The night of the charge Notice to Appear issued for Cairns Magistrates Court 24-hour suspension, or suspension until the case ends (TORUM s 79B)
Before the first date Get the QP9 (police facts) and check it Driving only if the suspension has lifted
Before any plea Decide plea; file any work licence application Affidavits for a s 87 work licence prepared
Wednesday 9am (as listed) Work licence application heard by a magistrate Order made, or refused, before disqualification
Sentence Plea, fine, decision on recording a conviction Compulsory disqualification starts (s 86)
End of disqualification Case is closed Apply to TMR for a new licence
Next 12 months, if triggered — Interlock condition (s 91I)

The law throughout is the Transport Operations (Road Use Management) Act 1995 (TORUM). The court dates come from the Cairns 2026 calendar, checked on 20 October 2026.

What happens to my licence on the night?

Under TORUM s 79B, it depends on the reading and your circumstances:

  • Open licence, 0.05 to under 0.10, nothing else pending: a 24-hour suspension, then you may drive until the case finishes.
  • 0.10 or more, under the influence, failing to supply a specimen, or another charge already pending: your licence is suspended until the court deals with the charge.
  • Learner, P plate, probationary and zero-limit drivers: different rules can apply, so read the notice police gave you.

If you are suspended, getting from Smithfield, Edmonton, Gordonvale or Palm Cove to the city on a court morning needs planning. Sunbus routes reach the CBD from many suburbs. Driving while suspended is a separate offence and makes the drink driving charge harder to deal with.

What should I do in the weeks before my first court date?

Three jobs.

  1. Read the police facts. The QP9 sets out the stop, the reading and how you drove. If it is wrong, it can sometimes be corrected before you plead. If the driving or the breath test is disputed, a not guilty plea may be appropriate; police must prove you were driving or in charge of the vehicle and that the test complied with TORUM s 80. See defending a drink driving charge and the offences explained.
  2. Work out whether you can apply for a work licence. The test is below, and the paperwork takes time.
  3. Gather sentence material. Your traffic history, signed references, an employer letter and any traffic offender course certificate.

Which list at Sheridan Street will my matter be in?

The Cairns calendar sets out many lists. These are the ones a driver is most likely to meet:

  • Arrest court, Court 1: 9am and 2.15pm each weekday (8.30am Saturdays and public holidays, for people in custody only).
  • Restricted (work) licence applications under s 87: every Wednesday at 9am, as listed by a magistrate.
  • Traffic/Licence list: monthly at 2.15pm, covering speeding and traffic charges, special hardship orders and applications to remove a disqualification. The remaining 2026 dates are Thursday 12 November and Thursday 3 December.
  • Hearing/committal callover: Tuesdays, for contested matters – 9am for people without a lawyer, 10am for ATSILS and 11am for other lawyers.
  • Murri Court (alternate Fridays) and CourtLink (monthly callovers) for people taking part in those programs.

Which list a new drink driving Notice to Appear goes into is printed on the notice. If anything is unclear, ring the registry on (07) 4280 6000.

Am I eligible for a work licence, and what has to be proved?

Run your situation through these four filters. If any one catches you, s 87 shuts the door.

Filter Who it catches
Licence type at the time of the offence Anyone not on an open Queensland licence – learners, P platers, probationary licence holders, visitors on overseas or interstate licences
Charge and reading 0.15 or above, driving under the influence, or failing to supply a specimen
Vehicle and purpose Driving a truck, bus or other specified vehicle, or driving in the course of your work, when caught
Last five years Any drink driving conviction, or any suspension, cancellation or disqualification of your licence

Get through all four and you must still prove two things by affidavit: that without the licence you or your family would suffer extreme hardship because you would be deprived of your means of earning a living, and that you are a fit and proper person to drive. A reef boat crew member starting at the Marlin Marina before the first bus, an aged care worker covering early shifts in Mount Sheridan, or a tradesperson driving a private car to sites around the northern beaches might each be able to show that, with rosters and an employer statement.

At Cairns the application is heard in the Wednesday 9am list, which the calendar says is separate from the monthly traffic/licence list. It must be decided before the disqualification starts. If your reading was 0.10 or more, the licence carries an interlock condition (s 91K). See the Queensland Government's restricted licence page and our work licence guide. Special hardship orders, which go in the monthly traffic/licence list, apply to TMR suspensions such as demerit points and do not cover a court-ordered drink driving disqualification (special hardship orders).

How long will the disqualification be?

The court must disqualify you on conviction (TORUM s 86). For a first offence:

  • open licence, 0.05 to under 0.10 – between 2 and 9 months;
  • open licence, 0.10 to under 0.15 – between 3 and 12 months;
  • learner, P plate, probationary or unlicensed, any alcohol – between 3 and 9 months;
  • zero-limit open licence (truck, bus, taxi and similar), any alcohol – between 1 and 9 months;
  • 0.15 or more, under the influence, or refusing a specimen – no less than 6 months.

The magistrate fixes the period by looking at the reading and the real or potential danger to the public (s 86(2A)). A second offence within five years means longer ranges. A fine is also imposed. Details are on the drink driving penalties page.

What happens on sentence day?

Arrive early, clear security on the ground floor of 5D Sheridan Street and find your courtroom on the list. When your matter is called, the prosecutor outlines the facts and you or your lawyer respond. The magistrate then decides the fine, the length of the disqualification and whether to record a conviction. Under s 12 of the Penalties and Sentences Act 1992, the court weighs 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. A no-conviction order does not cancel the disqualification (no conviction for drink driving).

The disqualification usually takes effect immediately, so do not plan to drive home. If you have no lawyer, ask about the duty lawyer. The court process guide explains the steps.

When the disqualification ends, what then?

You apply to TMR for a new licence. If s 91I applies, the licence comes with an interlock condition for 12 months. The triggers are a conviction for a reading of 0.10 or more (including a first offence), driving under the influence, failing to supply a specimen, or a second drink driving offence within five years.

During those 12 months you may only drive a vehicle fitted with an approved device. The period counts only while you hold that licence, and failed or missed tests recorded by the device can extend it (s 91N). Exemptions are narrow, for example a medical condition. Cairns has approved providers, but book fitting and servicing early. The Queensland Government's interlock page and our interlock overview explain the rules.

Does the timeline change for a drug driving charge?

Mostly at the start. A roadside saliva sample is sent to a lab, so the notice can arrive weeks after the stop, and your licence position while the result is pending depends on the facts. Driving with a relevant drug present (THC, methylamphetamine or MDMA) needs no proof of impairment. Driving under the influence of a drug does, and carries at least 6 months. From then on the timeline is the same. See drug driving penalties, and if a crash was involved, dangerous driving.

I was visiting Cairns. How does the timeline work if I have gone home?

The Notice to Appear still binds you. If nobody appears, the court can deal with the matter in your absence or issue a warrant. A lawyer may be able to appear for you, or an adjournment may be arranged, but only if it is organised before the date. Visitors on overseas or interstate licences are excluded from a Queensland work licence by s 87. Ask about the effect of a Queensland disqualification on your home licence.

What if my court date clashes with work or travel?

Do not simply stay away. Contact the registry on (07) 4280 6000 before the date and ask how an adjournment can be sought, or have a lawyer appear and ask for one. A short adjournment can also give you time to obtain the QP9, finish a course or prepare work licence affidavits for a Wednesday listing. Keep in mind that if your licence is suspended until the case ends, every week of delay is another week without driving, and that time may not be credited against the disqualification the court later imposes. Weigh that before asking for more time.

Which courts are near Cairns?

Atherton is about 80 km up the range and currently sits at a temporary venue. Townsville is about 350 km south. Your notice names your court. More is on the Queensland traffic law hub and in the traffic law FAQs.

Cairns Magistrates Court details

Street address Ground floor, 5D Sheridan Street, Cairns Qld 4870
Postal address PO Box 1110, Cairns Qld 4870
Phone (07) 4280 6000
Fax (07) 4280 6036
Email courthouse.cairns@justice.qld.gov.au
Work licence (s 87) list Wednesdays 9am, as listed by a magistrate
Traffic/licence list Monthly at 2.15pm (12 November and 3 December 2026)

From the Queensland Courts Magistrates Courts directory (checked 19 October 2026) and the Cairns 2026 calendar (checked 20 October 2026).

For a Cairns matter, call 1300 941 900 or make an enquiry about legal representation.

Watch Our Cairns DUI Case Review Video

Cairns DUI Lawyers – Case Review Published 2024-12-17. This outcome was reported in December 2024. Queensland drink driving penalties changed for offences committed from 31 August 2026, so the penalties discussed here may not reflect current law.

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.

Cairns drink driving FAQs

When are work licence applications heard in Cairns?

On Wednesdays at 9am, as listed by a magistrate. They are not part of the monthly traffic/licence list.

What is the monthly 2.15pm traffic/licence list for?

Traffic charges, special hardship orders and applications to remove a disqualification. The remaining 2026 dates are 12 November and 3 December.

Is a drink driving charge just a traffic matter?

It is an offence dealt with in the Magistrates Court. A conviction can be recorded, and disqualification is compulsory.

Can a tourist on an overseas licence get a work licence?

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

Does a first offence at 0.11 mean an interlock?

Yes. Any reading of 0.10 or more triggers the interlock once you are relicensed.

How do I contact the Cairns registry?

Phone (07) 4280 6000 or email courthouse.cairns@justice.qld.gov.au.

Cairns Magistrates Court — court details

Cairns Magistrates Court

Street
Ground floor, 5D Sheridan Street, Cairns QLD 4870
Postal
PO Box 1110, Cairns Qld 4870
Phone
(07) 4280 6000
Email
courthouse.cairns@justice.qld.gov.au
Registry hours
Counter 8.30am – 4.30pm Monday, Wednesday, Thursday and Friday; 8.30am – 4pm Tuesday
Days open
Arrest court Court 1, 9am and 2.15pm weekdays; s 87 restricted licence applications Wednesdays 9am as listed; traffic/licence list (traffic charges, SHO, removal of disqualification) monthly 2.15pm – remaining 2026: 12 Nov, 3 Dec
Facilities
See the Queensland Courts directory
➜ Get directions

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