Hervey Bay DUI Lawyers
In shortBoorman Lawyers are experienced, dedicated drink driving, drug driving and DUI lawyers who regularly appear at Hervey Bay Magistrates Court and represent clients facing alcohol, drug and serious traffic charges at this courthouse. Hervey Bay Magistrates Court, at 26 Queens Road, Scarness, lists its traffic callover at 9am on Fridays under the 2026 calendar. We assist clients at Hervey Bay 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: Hervey Bay Magistrates Court, 26 Queens Road, Scarness Qld 4655. Phone (07) 4120 6500.
- Traffic (2026 calendar): traffic callover 9am Fridays, excluding public holidays; criminal callover Thursdays.
- 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
What is true about a drink driving charge at Hervey Bay?
Hervey Bay Magistrates Court, at 26 Queens Road in Scarness, holds its traffic callover at 9am on Fridays, according to its 2026 calendar. Before that Friday, it helps to separate what people say from what the law actually provides. The Transport Operations (Road Use Management) Act 1995 (TORUM) is the source for nearly every rule below. Two points cover most of it. First, if you are convicted of any drink or drug driving offence, the magistrate must disqualify you (s 86). Second, a reading of 0.10 or more brings an interlock period when you are relicensed, even for a first offence (s 91I). Each section below takes one common belief and checks it against the law.
Will a first offence just mean a fine?
| You may have heard | The Queensland position |
|---|---|
| "First time, low reading, you'll get a fine and keep your licence." | A conviction always brings a disqualification, even for a first offence at a low reading. The court chooses the length within a fixed band and also imposes a fine. |
Source: TORUM s 86.
For a first offence the bands are:
| Licence and reading or charge | Disqualification |
|---|---|
| Open licence, 0.05 up to 0.10 | 2–9 months |
| Open licence, 0.10 up to 0.15 | 3–12 months |
| Learner, P plate, probationary or unlicensed, above zero | 3–9 months |
| Truck, bus or other zero-limit open licence driver, above zero | 1–9 months |
| 0.15 and over, under the influence, or failing to give a specimen | 6 months minimum |
A repeat offence within five years means longer periods. Section 86(2A) points the magistrate to the reading and the real or possible danger to the public. The drink driving penalties page covers fines and repeat periods.
Can you keep driving until the court date?
| You may have heard | The Queensland position |
|---|---|
| "Police take your licence on the spot, full stop." | It depends on the reading and your licence. Under 0.10 on an open licence with nothing else pending, the suspension lasts 24 hours and you can then drive until court. At 0.10 or above, after a refusal, or with another drink driving charge pending, you are suspended until the case ends. |
Source: TORUM s 79B.
Learner, P plate and probationary drivers should read the notice police gave them, because novice drivers face stricter rules. If you are suspended and live in Urangan, Point Vernon, Toogoom or Burrum Heads, plan the trip to Queens Road before the Friday.
If you need your car for work, does the court have to give you a work licence?
| You may have heard | The Queensland position |
|---|---|
| "Show them you need it for your job and they'll give you a work licence." | Need is only half of it. You can apply only if you meet every eligibility condition in s 87, and the court then must be satisfied of extreme hardship and that you are fit to drive. |
Source: TORUM s 87.
The eligibility conditions all look back to the date of the offence. You must have held a Queensland open licence; learner, P, probationary and overseas licences do not count. The reading must be below 0.15, and the charge cannot be under the influence or failing to provide a specimen. You must not have been driving for your work at the time, or driving a truck, bus or other excluded vehicle. And for the five years before, you must have had no drink driving conviction and no suspension, cancellation or disqualification of your licence.
Picture three Hervey Bay drivers. A tour operator's driver caught at 0.06 while driving a passenger minibus cannot apply, because he was driving for work. A retail manager on P plates caught at 0.03 cannot apply, because she held a provisional licence. A self-employed pool technician caught at 0.08 in his own car on a Saturday night, with a clean record, may apply. He then needs affidavits showing that without a licence he or his family would suffer extreme hardship because he would lose his means of earning a living, and that he is a fit and proper person to drive. A list of his weekly service runs across Pialba, Kawungan and Eli Waters, and a statement explaining why no one else can drive him, would form part of that evidence.
The application must be decided before the court disqualifies you. If granted after a reading of 0.10 or more, it carries an interlock condition (s 91K). See our restricted work licence guide and TMR's restricted licence page.
Is a special hardship licence the fallback?
| You may have heard | The Queensland position |
|---|---|
| "If the work licence fails, apply for a special hardship licence." | A special hardship order applies to other suspensions, such as for demerit points or some speeding offences. It is not a way around a court-ordered drink driving disqualification. |
Source: TMR special hardship order information; TORUM.
Our special hardship licence page explains when that order can apply.
Are interlocks only for repeat offenders?
| You may have heard | The Queensland position |
|---|---|
| "Interlocks are for people with a string of drink driving charges." | A first offence at 0.10 or more triggers one. So does any under the influence conviction, a failure to give a specimen, or a second drink driving offence within five years. |
Source: TORUM ss 91I and 91N.
The interlock period starts only after the disqualification ends and TMR issues you a new licence. You must then drive only a vehicle fitted with an approved device for 12 months, with no failed or missed tests. If you never fit one, the requirement does not lapse. TMR's interlock page and our alcohol interlock page cover providers, exemptions and costs.
Does "no conviction recorded" mean you keep your licence?
| You may have heard | The Queensland position |
|---|---|
| "Get no conviction recorded and the licence loss goes away." | The court can decide not to record a conviction, but the disqualification is still imposed. |
Source: Penalties and Sentences Act 1992 (Qld) s 12; TORUM s 86.
Section 12 asks the court to consider 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. It matters for some careers, visas and professional registrations. See the no conviction drink driving page.
If you are a tourist, can you just leave?
| You may have heard | The Queensland position |
|---|---|
| "I'm only visiting for K'gari, so a Queensland charge won't follow me home." | The Notice to Appear still requires an appearance. If no one appears, the court can deal with the charge without you or issue a warrant. A Queensland disqualification can also affect an interstate licence. |
Source: Notice to Appear; Hervey Bay 2026 calendar practice notes.
Possible arrangements include a lawyer appearing for you where the court allows it, an adjournment, or asking to transfer the matter. Contact the registry on (07) 4120 6500 before the Friday.
Is traffic heard on any weekday?
| You may have heard | The Queensland position |
|---|---|
| "Just turn up at court whenever it suits." | Hervey Bay runs set lists. The 2026 calendar shows the traffic callover at 9am on Fridays, criminal callover on Thursdays, and fresh arrests at 2pm each weekday. |
Source: Hervey Bay Magistrates Court 2026 calendar.
Other parts of the calendar that may matter:
- Transport, local government and Commonwealth callover: 12pm on listed Wednesdays; the remaining 2026 dates are 21 October, 4 and 18 November, and 2 and 16 December.
- Court 2 hearing days: remaining 22 October and 17 December, which may be used for contested matters.
- No listings during the Magistrates Conference week (1–5 June) or on the Fraser Coast Show holiday (22 May); both have passed.
Your Notice to Appear gives the actual date and time.
Is a guilty plea the only option?
| You may have heard | The Queensland position |
|---|---|
| "There's no point fighting a breath test." | A breath test can be challenged where the evidence does not prove each element, such as whether you were driving or in charge, or whether testing complied with TORUM ss 79 and 80. Whether a defence exists depends on the facts. |
Source: TORUM ss 79–80.
Our drink driving defences page and drink driving offences guide explain what police must prove. If you plead guilty, check the police facts first, and correct any errors before the plea.
What does preparation for a Friday at Queens Road involve?
| You may have heard | The Queensland position |
|---|---|
| "Nothing you do before court changes anything." | The disqualification itself is fixed by law, but its length within the band, the size of the fine, any work licence and the recording of a conviction are all for the magistrate. What you put before the court informs those choices. |
Source: TORUM s 86(2A); Penalties and Sentences Act 1992 s 12.
A sensible folder for the Friday holds your Notice to Appear and analysis certificate, your traffic record from TMR, a handful of signed character letters from people aware of the charge, a note from your employer about your role, proof of any course you decided to complete (our Traffic Offenders Program page describes the options), and a short plan for getting around Hervey Bay during the disqualification. Make spare copies.
Get to Queens Road well before the 9am callover and allow for screening at the door. Without a lawyer, ask the counter staff how to reach the duty lawyer. Once called, you will hear the police summary and see your traffic record handed to the bench; then it is your turn, or your lawyer's. Work licence applications come before sentence. Organise a driver for the trip home, because a disqualification normally takes effect the moment it is ordered. Our court process guide sets out the order of events.
Is drug driving treated more leniently than alcohol?
| You may have heard | The Queensland position |
|---|---|
| "Drug driving is just a fine unless you were obviously off your face." | Two offences exist. For "relevant drug present" (THC, methylamphetamine or MDMA), police need not prove impairment. "Under the influence of a drug" requires proof of impairment and carries a six-month minimum disqualification for a first offence. Both mean a compulsory disqualification on conviction. |
Source: TORUM ss 79 and 86.
Because the confirmatory saliva sample goes to a laboratory, a drug driving notice can arrive weeks after the roadside test. Your licence position while a drug charge is pending depends on the facts. More detail is on the drug driving offences and penalties page. Where a crash or dangerous manoeuvre was involved, see the dangerous driving page.
Which courts are near Hervey Bay?
Approximate straight-line distances: Maryborough about 29 km south-west, Childers about 50 km west, and Bundaberg about 63 km north-west. Hervey Bay and Maryborough are separate courts, so check which one your notice names. More guides are on the QLD traffic law hub and in the QLD traffic law FAQs.
Hervey Bay Magistrates Court details
| Street address | 26 Queens Road, Scarness Qld 4655 |
| Postal address | PO Box 321, Hervey Bay Qld 4655 |
| Phone | (07) 4120 6500 |
| courthouse.herveybay@justice.qld.gov.au | |
| Registry hours | 8.30am to 4.30pm Monday, Wednesday, Thursday and Friday; 8.30am to 4pm Tuesday |
Source: Queensland Courts Magistrates Courts directory, checked 19 October 2026, and the Hervey Bay 2026 calendar, checked 20 October 2026.
To talk about your Hervey Bay matter, call 1300 941 900 or make an enquiry about legal representation.
Hervey Bay DUI Case 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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Selena Evison (opens full review in a new tab) - Facebook review by Heather Millar.
“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)
Hervey Bay drink driving FAQs
What day is the traffic callover at Hervey Bay?
Fridays at 9am, excluding public holidays, according to the 2026 calendar. Your Notice to Appear has your date.
Is there a minimum disqualification for 0.05?
Yes. On an open licence, a first offence from 0.05 to under 0.10 means at least 2 months, up to 9 months.
Can I get a work licence if I hold an overseas licence?
No. Section 87 requires a Queensland open licence at the time of the offence.
Does the interlock run during my disqualification?
No. It begins after the disqualification ends and you are relicensed, and lasts 12 months.
Can I leave Queensland before my court date?
Yes, but the charge must still be dealt with. Arrange for someone to appear, or seek an adjournment, before the date.
What are the registry hours?
8.30am to 4.30pm on weekdays, except Tuesday, when the registry closes at 4pm.
Sources and date checked
Sources and references for this page, checked 20 Oct 2026.
- Queensland Courts – Magistrates Courts directory (Hervey Bay) — checked 19 Oct 2026
- Queensland Courts – Hervey Bay 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.
Hervey Bay Magistrates Court — court details
Hervey Bay Magistrates Court
- Street
- 26 Queens Road, Scarness QLD 4655
- Postal
- PO Box 321, Hervey Bay Qld 4655
- Phone
- (07) 4120 6500
- courthouse.herveybay@justice.qld.gov.au
- Registry hours
- 8.30am – 4.30pm Monday, Wednesday, Thursday and Friday; 8.30am – 4.00pm Tuesday
- Days open
- Traffic callover 9am Fridays excluding public holidays; criminal callover/remand day 9am Thursdays; transport/local government/Commonwealth callover 12pm on listed Wednesdays
Queensland Courts, Magistrates Courts directory (saved 19 Oct 2026) and Hervey Bay 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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