Mackay DUI Lawyers
In shortBoorman Lawyers are experienced, dedicated drink driving, drug driving and DUI lawyers who regularly appear at Mackay Magistrates Court and represent clients facing alcohol, drug and serious traffic charges at this courthouse. Mackay Magistrates Court, at 12 Brisbane Street, lists new matters at 8.30am on Mondays, Tuesdays and Wednesdays under its 2026 calendar. Special hardship and licence appeals go to a 10am callover on one Tuesday a month. We assist clients at Mackay 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: Mackay Magistrates Court, 12 Brisbane Street, Mackay Qld 4740. Phone (07) 4889 8400.
- Lists (2026 calendar): new proceedings 8.30am Monday, Tuesday and Wednesday (not Thursday or Friday); SHO and licence appeals 10am, remaining Tue 10 Nov and Tue 8 Dec.
- 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
How long does a Mackay drink driving matter take, from charge to licence back?
Expect it to run from the night of the charge to a year or more after court, in the steps set out below. At the court end, Mackay Magistrates Court (12 Brisbane Street) lists new proceedings at 8.30am on Mondays, Tuesdays and Wednesdays, never on Thursdays or Fridays, according to its 2026 calendar. At the licence end, two Queensland rules shape the timeline. Under the Transport Operations (Road Use Management) Act 1995 (TORUM), a conviction means a compulsory disqualification (s 86). And a reading of 0.10 or more adds an interlock period after relicensing, even for a first offence (s 91I). The timeline below runs from Day 1 to the point where your licence is fully restored.
Day 1: What happens on the night?
After a positive roadside test, police take an evidentiary breath specimen on an approved instrument and give you a certificate of the reading. For suspected drug driving, the roadside saliva test is followed by a sample sent to a laboratory. Refusing a specimen is an offence in its own right and is treated as seriously as the highest alcohol band (TORUM s 80).
Your licence status from tonight depends on s 79B:
- Open licence, under 0.10, no other drink driving charge pending: suspended for 24 hours, then you may drive until the court decides.
- 0.10 or higher, a refusal, or another pending drink driving charge: suspended from now until the case is finished.
- Learner, P plate or probationary licence over zero: read the suspension notice carefully; the rules for novice drivers are stricter.
Keep the Notice to Appear and the certificate together. Almost every later step depends on the reading.
Days 2 to 14: What decisions come first?
These two weeks are when the important choices are made, before anything has been filed.
Is a work licence even possible? The restricted licence in s 87 is available to a limited group, and you can work out quickly whether you are in it. Ask yourself, about the day you were caught:
- Was my licence an open Queensland licence? Novice and overseas licences do not qualify.
- Was my reading below 0.15, and is my charge something other than under the influence or refusing a specimen?
- Was I off duty, and in a vehicle the section does not exclude (not a truck, bus or similar)?
- Over the previous five years, was my record free of drink driving convictions and of any licence suspension, cancellation or disqualification?
Four yeses mean you may apply. One no means the court has no power to grant it. A sugar mill fitter driving his own car home after a social game of touch football at 0.07 might give four yeses. The same fitter driving the mill's service vehicle on call does not, because he was driving for work.
Is there a defence? Look at whether police can prove you were driving or in charge of the vehicle, and whether testing complied with TORUM ss 79 and 80. The drink driving defences page and drink driving offences guide explain what has to be proved.
Weeks 2 to 6: What should be filed and gathered?
Work licence evidence. If you passed the four questions, you must still prove two things in sworn affidavits: that refusing the licence 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. Think about who can confirm the details. A theatre nurse at a Mackay hospital who is on call overnight and lives at Seaforth, with no public transport at 2am, has specific facts to put to the court. So does a self-employed electrician whose jobs are spread from Sarina to Mirani. A supporting statement from an employer or regular customers helps. The application must be decided before the disqualification is imposed. A licence granted after a reading of 0.10 or more includes an interlock condition (s 91K).
Mackay's calendar lists "SHO & licence appeals" in the 10am civil and miscellaneous callover, which falls on one Tuesday a month; the remaining 2026 dates are 10 November and 8 December. Whether a s 87 application is listed there or with your charge should be confirmed with the registry. See our restricted work licence guide and TMR's restricted licence page. A special hardship licence covers other suspensions, such as for demerit points, and is not an alternative after a court-ordered drink driving disqualification.
Sentencing material. Collect your TMR traffic history, signed references from people who know about the charge, an employer letter, and a certificate from any course you choose to do, such as those on our Traffic Offenders Program page. If a recorded conviction would affect your job, a visa or a registration, gather evidence of that.
Police facts. Read the QP9. If it is inaccurate, the error should be raised before you plead.
Court week: Which morning will you be at Brisbane Street?
Your Notice to Appear gives the date. New matters are listed on a Monday, Tuesday or Wednesday at 8.30am. Some dates to note for the rest of 2026:
- Court 1 is not sitting on Wednesday 21 October, and Court 2 is not sitting on Monday 26 October.
- The calendar notes that court sits on all days except Christmas Day, Good Friday, Anzac Day and Sundays, but Saturday and public holiday sittings are for people in custody.
- Long pleas are allocated by the magistrate according to availability.
If you are suspended, plan transport from Andergrove, Walkerston, Bucasia or further out the evening before. If you cannot attend, contact the registry on (07) 4889 8400 before the date. Not attending can result in the charge being decided without you, or a warrant.
Court day: What happens from 8.30am?
Brisbane Street opens at 8.30am, the same time the callover begins, so be outside before then to clear the security screening. Without a lawyer of your own, find the duty lawyer through the court staff. The callover moves through many matters; yours may be reached quickly or after a long wait. When it is, the police prosecutor outlines the incident and tenders your driving record. Your side then speaks to your circumstances and tenders references and letters. A work licence application, if you have one, is heard before the penalty. The magistrate then sets the fine, orders the disqualification and decides about a conviction. Because the disqualification normally applies from that moment, have someone ready to drive you home. Our court process guide covers the procedure.
What the magistrate is choosing. For a first offence, s 86 fixes the floor and ceiling. On an open licence, 0.05 to under 0.10 carries 2 to 9 months, and 0.10 to under 0.15 carries 3 to 12 months. A learner, P plate, probationary or unlicensed driver above zero faces 3 to 9 months. A truck, bus or other zero-limit driver on an open licence faces 1 to 9 months. At 0.15 or more, or for under the influence or a specimen refusal, the floor is 6 months. A repeat offence within five years lifts every range. Within the range, s 86(2A) makes the reading and the danger to the public the key considerations. The drink driving penalties page lists fines and repeat periods.
Recording 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 of a conviction on your economic or social wellbeing and job prospects. Not recording one does not shorten the disqualification. See the no conviction drink driving page.
Months 1 to 12: What must you do while disqualified?
- Do not drive at all, unless you hold a work licence, and then only within its conditions. Driving while disqualified is a serious offence.
- Pay the fine or arrange a plan with SPER if it is referred there.
- Plan for the date the disqualification ends; you will need to apply to TMR for a new licence.
After the disqualification: When are you fully back on the road?
Your new licence will be probationary, with a zero alcohol limit, for at least a year.
If s 91I applies, you also face an interlock period of 12 months. It applies after a reading of 0.10 or more, an under the influence conviction, a failure to give a specimen, or a second drink driving offence within five years. In practice those 12 months mean:
- choosing an approved provider and having the device fitted to the car you will drive;
- returning for regular servicing and data downloads at the intervals TMR sets;
- every driver of that car blowing into the device before starting it;
- no failed or missed tests, because breaches can extend the period (s 91N).
The period starts only when you are relicensed and the device is fitted. If you put it off, the clock does not run. TMR's interlock page and our alcohol interlock page explain exemptions and costs. For a first offence at 0.12 with a five-month disqualification, the full timeline from the night of the charge could be well over 18 months.
How does the timeline change for drug driving?
For a drug charge, "Day 1" can last several weeks: the Notice to Appear often waits until the laboratory confirms the saliva result. From the first court date onwards the timeline matches the alcohol one. Mackay drivers may face either of two charges. One is having THC, methylamphetamine or MDMA present, which police can prove without any evidence of impairment. The other is being under the influence of a drug, which requires proof you were affected and attracts a six-month minimum disqualification. Your licence position while a drug charge is pending depends on the facts. Read more on the drug driving offences and penalties page, and if a collision or dangerous manoeuvre was involved, the dangerous driving page.
Which courts are near Mackay?
Approximate straight-line distances: Proserpine about 105 km north-west and Moranbah about 150 km south-west. More guides are on the QLD traffic law hub and in the QLD traffic law FAQs.
Mackay Magistrates Court details
| Street address | 12 Brisbane Street, Mackay Qld 4740 |
| Postal address | PO Box 104, Mackay Qld 4740 |
| Phone | (07) 4889 8400 |
| courthouse.mackay@justice.qld.gov.au | |
| Registry hours | 8.30am to 4.30pm Monday and Wednesday to Friday; 8.30am to 4pm Tuesday |
Source: Queensland Courts Magistrates Courts directory, checked 19 October 2026, and the Mackay 2026 calendar, checked 20 October 2026.
To talk about your Mackay matter, call 1300 941 900 or make an enquiry about legal representation.
Watch Our Mackay 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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“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)
Mackay drink driving FAQs
What time are new matters listed at Mackay?
8.30am on Mondays, Tuesdays and Wednesdays, according to the 2026 calendar. Check your Notice to Appear.
Can my case be listed on a Thursday or Friday?
New proceedings are not listed on Thursdays or Fridays. Adjourned matters and long pleas are allocated by the court.
How soon should I decide about a work licence?
Within the first couple of weeks. The application must be filed, served and decided before you are sentenced.
Can I get a work licence at 0.16?
No. Section 87 requires a reading below 0.15.
How long until I am interlock-free after a 0.11 reading?
The disqualification, then a 12-month interlock period once relicensed, with no breaches.
When is the registry open on Tuesdays?
8.30am to 4pm. On other weekdays it closes at 4.30pm.
Sources and date checked
Sources and references for this page, checked 20 Oct 2026.
- Queensland Courts – Magistrates Courts directory (Mackay) — checked 19 Oct 2026
- Queensland Courts – Mackay 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.
Mackay Magistrates Court — court details
Mackay Magistrates Court
- Street
- 12 Brisbane Street, Mackay QLD 4740
- Postal
- PO Box 104, Mackay Qld 4740
- Phone
- (07) 4889 8400
- courthouse.mackay@justice.qld.gov.au
- Registry hours
- 8.30am – 4.30pm Monday and Wednesday to Friday; 8.30am – 4.00pm Tuesday
- Days open
- New proceedings 8.30am Monday, Tuesday and Wednesday; civil and miscellaneous callover incl. special hardship orders and licence appeals 10am on one Tuesday a month (remaining 10 Nov, 8 Dec 2026)
Queensland Courts, Magistrates Courts directory (saved 19 Oct 2026) and Mackay 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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