Emerald DUI Lawyers
In shortBoorman Lawyers are experienced, dedicated drink driving, drug driving and DUI lawyers who regularly appear at Emerald Magistrates Court and represent clients facing alcohol, drug and serious traffic charges at this courthouse. Emerald Magistrates Court hears arrests, remands and the general callover at 9am on Tuesdays, about twice a month. The remaining 2026 dates are 27 October, 10 and 24 November and 8 December. We assist clients at Emerald 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: Emerald Magistrates Court, 51 Egerton Street, Emerald Qld 4720. Phone (07) 4843 9300.
- General callover (2026 calendar): 9am Tuesdays – remaining 27 October, 10 and 24 November, 8 December 2026.
- 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
Which situation are you in after an Emerald drink driving charge?
Most people charged in the Central Highlands want to know four things straight away: can I drive before court, how long will I lose my licence, can I get a work licence, and will I need an interlock afterwards. The honest answer depends on three facts – the reading on your certificate, the licence you held, and what you were driving. Find the row that matches you, then read the matching section below. Everything here is Queensland law under the Transport Operations (Road Use Management) Act 1995 (TORUM).
| Your situation | Driving before court? | Disqualification if convicted (first offence) | Work licence (s 87)? | Interlock after? |
|---|---|---|---|---|
| Open licence, 0.05 to under 0.10, nothing else pending | Yes, once the 24-hour suspension ends | 2 to 9 months | Possible | No (unless another trigger applies) |
| Open licence, 0.10 to under 0.15 | No – suspended until the charge is decided | 3 to 12 months | Possible, with an interlock condition | Yes, 12 months |
| Open licence, 0.15 or more | No | 6 months minimum | No | Yes |
| Learner, P plater or unlicensed, any alcohol | Depends on the reading | 3 to 9 months (zero-limit range) | No | Yes if 0.10 or more |
| Truck, bus or work vehicle when caught | Depends on the reading | Depends on the reading | No, for that driving | Yes if 0.10 or more |
| Refused a breath or blood test | No | 6 months minimum | No | Yes |
| Drug detected on a saliva test | Depends on the facts | Compulsory; period depends on the charge | Possible in limited cases | No (alcohol-based) |
Two rules sit across every row. If you are convicted, the magistrate must disqualify you – TORUM s 86 gives no discretion to skip it. And any second offence within five years moves you into much longer ranges.
When does Emerald Magistrates Court sit?
Emerald's 2026 calendar puts arrests, remands, breach matters and the general callover at 9am on Tuesdays, roughly every second week. The dates left this year are Tuesday 27 October, Tuesday 10 November, Tuesday 24 November and Tuesday 8 December. A separate row for traffic complaints, removal of disqualification applications and special hardship applications shows Mondays at 9am – 26 October, 9 November, 23 November and 7 December. Check which date your Notice to Appear gives; the calendar layout does not say for certain which list a drink driving charge joins.
The calendar's practice note asks anyone on bail to be there 30 minutes before the callover starts, so the duty lawyer can take instructions. The Emerald magistrate also travels to the circuit courts at Blackwater, Clermont and Moranbah. If your notice names one of those towns, the hearing happens there, not in Egerton Street. Emerald also hosts District Court sittings in several blocks through the year, which is a separate court for more serious charges. A drink or drug driving charge starts in the Magistrates Court, so the District Court dates on the calendar will not apply to you unless your matter is unusual, such as one joined with an indictable offence. The calendar is published on the Queensland Courts website.
Row 1: what if you blew between 0.05 and 0.10?
This is the general alcohol limit, and for an open licence holder it is the least serious drink driving charge. Police suspend your licence for 24 hours under TORUM s 79B. After that you may drive again until your court date, provided nothing else is pending against you.
At court, a first conviction carries a fine and a disqualification of no less than two months and no more than nine (s 86(2)(eb)). The magistrate chooses where in that range you land, guided by s 86(2A): the reading itself and the actual or potential danger to the public. Your circumstances – a long shift pattern at a Bowen Basin mine, children to get to school, no transport in town – can be put before the court as part of the sentence. You may also be able to apply for a work licence, covered in Row 2 below. No interlock is required for this range on a first offence, unless another trigger applies.
Row 2: what changes at 0.10 or more?
From the middle alcohol limit (0.10 to under 0.15) three things change.
First, your licence is suspended from the roadside until the charge is finished. Every adjournment adds to the time you are off the road, which matters when Emerald sits roughly every second Tuesday.
Second, the disqualification range on a first offence rises to between three and twelve months.
Third, after the disqualification you must drive with an interlock for 12 months. TORUM s 91I sets that requirement, and s 91N sets the period. It applies on a first offence. If you are granted a work licence, it also carries an interlock condition (s 91K).
Row 3: what about 0.15 and above, or a refusal?
A reading at the high alcohol limit (0.15 or more), a charge of driving under the influence, and a failure to provide a breath or blood specimen are treated alike for disqualification: six months at the least, with no upper limit set for a first offence. A work licence is not available for any of them, and the interlock follows after relicensing. Some refusals arise because a person could not physically give a sample, and that can be a legitimate defence. Our drink driving defences page explains when a refusal charge can be disputed.
Row 4: what if you are on L or P plates, or unlicensed?
Learner, provisional and probationary drivers, and anyone driving without a licence, must have a zero reading. Anything above zero is an offence, and the disqualification range for a first offence is three to nine months. A restricted licence is closed to you, because s 87 requires an open licence. If the reading was 0.10 or higher, the interlock still applies afterwards. The drink driving offences guide sets out each charge and its limit.
Row 5: what if you were driving a truck, bus or work vehicle?
Drivers of trucks, buses, tow trucks and some other vehicles also have a zero alcohol limit, whatever licence they hold. If you were caught in one of those vehicles, or driving as part of your job, a work licence cannot be granted. That catches many Central Highlands workers – a haul road driver, a contractor in a company ute on shift, a grain carter in harvest season. A worker stopped in a private car on the way home may still be eligible, if the other conditions are met. If your employer has its own drug and alcohol policy, that is a separate process from the court case.
Can you get a work licence in Emerald?
A restricted licence lets you drive for work during the disqualification. Section 87 of TORUM opens the door only if, at the time of the offence, you:
- held an open Queensland licence;
- were under 0.15, and the charge was not under the influence or a refusal;
- were not driving as part of your job, or driving a truck, bus or other specified vehicle; and
- had no drink driving conviction, and no licence suspension, cancellation or disqualification, in the five years before.
Meeting those conditions gets you through the door, nothing more. You then have to convince the magistrate, by affidavit, that without the licence you or your family would face extreme hardship because you would lose your means of earning a living, and that you are a fit and proper person to keep driving. The application has to be decided before you are disqualified, so file it before the date you plead guilty. An employer affidavit describing your role, roster and why the job needs a licence is usually central. The restricted work licence guide has the steps, and TMR's restricted licence page has the official criteria. Ask the registry whether the application is heard in the general callover.
A special hardship licence is a different thing. The Emerald calendar lists special hardship applications, but those deal with suspensions such as demerit point suspensions. They are not a way around a court-ordered drink driving disqualification.
How do drug driving charges fit the grid?
Drug driving does not follow the alcohol rows. A roadside saliva test that detects THC, methylamphetamine or MDMA leads to a laboratory analysis, and the Notice to Appear often arrives weeks after the stop. Driving with a relevant drug present does not require proof that you were affected. Driving under the influence of a drug does, and it is the more serious charge. Both carry a compulsory disqualification. How your licence stands while the charge is pending depends on the facts. See our drug driving offences and penalties page.
What if this is not your first offence?
A second drink driving offence within five years changes every row. Section 86 sets longer minimum disqualification periods for a repeat offence, a work licence is unavailable because of the five-year history condition, and higher fines and imprisonment are available to the court. A repeat conviction also triggers the interlock regardless of reading. The drink driving penalties page lists the fines and the repeat-offence ranges.
Can a conviction be left off your record?
The magistrate has power under s 12 of the Penalties and Sentences Act 1992 not to record a conviction. The factors include the nature of the offence, your character and age, and the impact a conviction would have on your economic or social wellbeing and your job prospects. It is worth raising where a recorded conviction would affect a job, a licence for work overseas, or a visa. It does not affect the licence outcome: the s 86 disqualification is still imposed. Our no conviction drink driving page covers how the argument is put.
What should you prepare before your Tuesday in Emerald?
- Your Notice to Appear and certificate – confirm the date, the court (Emerald, Blackwater, Clermont or Moranbah) and the reading.
- Your traffic history from TMR, so nothing the prosecutor hands up surprises you.
- Character references written by people who know about the charge.
- An employer letter or affidavit if you will ask for a work licence or rely on your job in the sentence.
- Evidence of steps you have taken, such as a completed course. The Traffic Offenders Program page explains the options.
- A lift home. The disqualification usually starts the moment it is ordered.
If a roster swing clashes with your date, contact the registry on (07) 4843 9300 before the court day, or arrange a lawyer to appear. Not turning up can lead to the matter being dealt with in your absence or a warrant. The court process guide walks through what happens in the courtroom.
How do you get your licence back afterwards?
When the disqualification ends you do not simply resume driving. You apply to the Department of Transport and Main Roads for a new licence. It will be a probationary licence for at least a year, with a zero alcohol limit. If your reading was 0.10 or more, or the conviction was for under the influence, a refusal or a repeat offence, the interlock period must be completed before you can return to an ordinary licence. The alcohol interlock page covers costs and exemptions, and the official rules are on TMR's interlock page. Some drivers with long disqualifications can apply to have the rest removed – the calendar lists removal of disqualification applications – but strict time limits apply.
Which other courts are near Emerald?
Approximate straight-line distances: Blackwater about 74 km east, Alpha about 155 km west, and Moranbah about 170 km north. Blackwater, Clermont and Moranbah are Emerald circuit courts. Your Notice to Appear names the court you must attend. More guides are on the QLD traffic law hub.
Emerald Magistrates Court details
| Street address | 51 Egerton Street, Emerald Qld 4720 |
| Postal address | PO Box 989, Emerald Qld 4720 |
| Phone | (07) 4843 9300 |
| courthouse.emerald@justice.qld.gov.au | |
| Circuits | Blackwater, Clermont and Moranbah |
Source: Queensland Courts Magistrates Courts directory, checked 19 October 2026, and the Emerald 2026 calendar, checked 20 October 2026.
To talk about your Emerald 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.
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“Tegan Boorman has been our go-to commercial lawyer for my retail business, Kippins, for several years. She has helped us navigate challenging situations and always provided exceptional advice. Her knowledge of commercial law and her understanding of the needs of small businesses is second to none. Highly recommended!”
Heather Millar (opens full review in a new tab) - Facebook review by Bianca Grima.
“The best in the business 10/10”
Bianca Grima (opens full review in a new tab) - Facebook review by Chris Weston.
“Although I had a very good driving record and character references, a Section 10 can never be assumed. Josh Boorman worked with me to present a very strong case for my low range alcohol offence and I was acquitted with no fine, no suspension and no conviction. We spent a lot of time together writing and re-writing my references to get the wording perfect and also my explanation of how my offence came about. Josh has a lot of experience in this particular field and his thoroughness and presentation paid off successfully. A fixed fee agreed on before you start means you know exactly where you stand. Well done. Thanks again Josh.”
Chris Weston (opens full review in a new tab) - Facebook review by Singh Saab.
“5 stars”
Singh Saab (opens full review in a new tab) - Facebook review by Jessica Pantano.
“Josh was incredibly professional and sensitive to my traffic issue. He pushed for the best result possible and I got it! Would highly recommend for any traffic matter!”
Jessica Pantano (opens full review in a new tab) - Facebook review by Dave Thompson.
“I would highly recommend Boorman Lawyers. Josh was the perfect example as to why you should get a lawyer, right from the start he took the stress away, had all paperwork and advice needed spot on, even down to the finer details that none of us could've thought of that can effect an outcome.. Well done Josh and thank you for helping me get a positive outcome to keep my lively hood.”
Dave Thompson (opens full review in a new tab) - Facebook review by Monika Kundu.
“I was so lucky that josh was representing my case in the court .i was so terrified in the beginning but josh come up with such a absolute positive energy .i would highly recommend him to my friends and family .”
Monika Kundu (opens full review in a new tab) - Facebook review by Heidi Mcmillin.
“Simply brilliant and great to deal with. No hassle and great results.”
Heidi Mcmillin (opens full review in a new tab) - Facebook review by King Leong.
“I have been extremely lucky to have Josh represent me in my court case. Josh is an exceptional lawyer, he is professional, patient, supportive, knowledgeable and a good listener. He was right beside me every step of the way, by providing valueble advice and comforting assurance whenever I needed it. It is these qualities that truly differentiate him from the rest. My case definitely wasn't the easiest by any means. However, with Josh's skillful preparation of material and submission to the magistrate, he managed to get a great outcome for me. I highly recommend Josh to anyone who needs the best legal representation, and I can assure you won't regret it. Thank you Josh once again for your service. I hope I don't ever need your service again (touch wood), but if I do, you're the man.”
King Leong (opens full review in a new tab) - Facebook review by Andrew Ormsby.
“To any of my mates looking for lawyer that actually cares, knows his stuff and puts in 100% Joshua is the man.. You won't regret going to Joshua and you will get the best out come!”
Andrew Ormsby (opens full review in a new tab) - Facebook review by Craig Stewart.
“Thanks Joshua for the amazing outcome yesterday I'm still in a state of shock.. I would definitely recommend Boorman Lawyers to others. Can I just say Joshua is very professional in his approach in trying to achieve the desired outcome . Well prepared, briefed on the day & gave me confidence that I stood the best chance with Joshua representing me.”
Craig Stewart (opens full review in a new tab) - Facebook review by Jennifer Fernandes.
“Thanks Joshua for the good outcome. Would definitely recommend Boorman Lawyers to others. Very professional in his approach. Helped us to prepare all documents required. Also briefed us on the day. Gave us the confidence he was doing the best for us. And could see the difference between Boorman lawyers and others presenting. Will definitely recommend Boorman lawyers to others. Thanks again.”
Jennifer Fernandes (opens full review in a new tab) - Facebook review by Dan Gannon.
“A professional person in their time of indiscretion, needs a professional representation. My expectations where exceeded, with my representation by Boorman Lawyers. Especially Mr Josh Boorman. You're advice and help far surpassed the goal. You're kindness, respectfulness, and Integrity, went the extra mile, and far exceeded my expectations. I would recommend Mr Josh Boorman. For any legal matter you may have. Sincerely, Dan Gannon .”
Dan Gannon (opens full review in a new tab) - Facebook review by Jules Hannan.
“Fantastic, Boorman Lawyers - their team is extremely professional and they attend to their clients needs with courtesy and promptness. I would recommend Boorman Lawyers to anyone.”
Jules Hannan (opens full review in a new tab)
Emerald drink driving FAQs
What day does Emerald hear drink driving matters?
The general callover is at 9am on Tuesdays, about every second week; traffic complaints are also shown on some Mondays. Your Notice to Appear gives your actual date.
Can I keep driving until my Emerald court date?
If you were under 0.10 on an open licence with nothing else pending, yes, after the 24-hour suspension. At 0.10 or more, or after a refusal, you stay suspended until the charge is decided.
Is disqualification automatic for a first offence?
Yes. TORUM s 86 requires it on every drink driving conviction. For 0.05 to under 0.10 on an open licence, the range is 2 to 9 months.
I was in a company ute on shift. Can I get a work licence?
No, not if you were driving in the course of your work when caught. Section 87 excludes that driving.
My notice says Blackwater. Is that the Emerald court?
Blackwater is a separate circuit court visited by the Emerald magistrate. You attend Blackwater on the date shown; the Emerald registry on (07) 4843 9300 can help with questions.
Will I need an interlock?
Yes, for 12 months after relicensing, if your reading was 0.10 or more, or you were convicted of under the influence, a refusal or a repeat offence.
Sources and date checked
Sources and references for this page, checked 20 Oct 2026.
- Queensland Courts – Magistrates Courts directory (Emerald) — checked 19 Oct 2026
- Queensland Courts – Emerald 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.
Emerald Magistrates Court — court details
Emerald Magistrates Court
- Street
- 51 Egerton Street, Emerald QLD 4720
- Postal
- PO Box 989, Emerald Qld 4720
- Phone
- (07) 4843 9300
- courthouse.emerald@justice.qld.gov.au
- Days open
- Arrests, remands and general callover 9am on Tuesdays (about fortnightly); traffic complaints, removal of disqualification and special hardship applications 9am on listed Mondays
Queensland Courts, Magistrates Courts directory (saved 19 Oct 2026) and Emerald 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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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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