QUEENSLAND

Warwick DUI Lawyers

In shortBoorman Lawyers are experienced, dedicated drink driving, drug driving and DUI lawyers who regularly appear at Warwick Magistrates Court and represent clients facing alcohol, drug and serious traffic charges at this courthouse. Warwick Magistrates Court at 88 Fitzroy Street sits on set callover days rather than every weekday, so the date on your Notice to Appear matters. The 2026 calendar asks defendants on a fresh notice to attend in person, half an hour early. We assist clients at Warwick 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: Warwick Magistrates Court, 88 Fitzroy Street, Warwick Qld 4370. Phone (07) 4598 2300. Closes at 4pm on Thursdays.
  • Listings (2026 calendar): criminal and traffic callover at 9am on set dates; licence applications, special hardship and Queensland Transport matters at 11am on set Thursdays (5 and 26 November, 17 December 2026).
  • Licence: disqualification on every conviction, and a 12-month interlock from 0.10.

Queensland law · law checked 20 Oct 2026

Warwick Courthouse, a sandstone building with a central clock tower, a red front door and green awnings, with the Boorman Lawyers logo and phone number 1300 941 900
What's on this page

How do you prepare for a Warwick drink driving charge?

Warwick does not run a traffic list every weekday. The court sits on set callover days, with separate dates for licence applications. That makes preparation more important than at a larger court, because a missed or misread date can mean a long wait for the next sitting.

The checklist below runs in the order things happen: the first few days, the weeks before court, the morning of court, and the time after sentence. Work through each stage and tick off what applies to you.

Stage 1: what should you do in the first few days?

☐ Read your Notice to Appear carefully. Write down the court, date and time. The court named is the one you must attend, even if you live closer to Stanthorpe, Toowoomba or somewhere else.

☐ Work out whether you can drive. Under section 79B of the Transport Operations (Road Use Management) Act 1995 (TORUM):

  • If your reading was under 0.10, your licence is generally suspended for 24 hours, after which you may drive until the court date.
  • If your reading was 0.10 or more, you failed to provide a specimen, or another drink driving charge was already pending, your licence is suspended until the charge is decided.

A s 79E order may let some drivers keep driving in limited circumstances. It is not automatic and has strict conditions, so get advice first.

☐ Keep every document. The breath test certificate, the notice, any property receipt and anything police gave you at the station. Put them in one folder.

☐ Write down what happened while you remember it. Note where you had been, what you drank and over what period, when you stopped, where you were tested and how long you waited. Notes made early are more reliable than memory weeks later.

☐ Check the charge. The drink driving offences guide explains the four alcohol limits and the charges for driving under the influence and failing to provide a specimen. If the charge is drug driving, the drug driving offences and penalties page applies instead.

Stage 2: how do you check when Warwick will sit?

☐ Compare your notice with the 2026 calendar. Warwick lists criminal and traffic matters at 9am on set callover days, not each weekday. The dates vary month by month, and the calendar is laid out in columns that are easy to misread. Read the Warwick 2026 calendar and, if anything is unclear, call the registry on (07) 4598 2300.

☐ Note the licence application days. The calendar has a separate 11am list for licence applications, special hardship orders and Queensland Transport matters. In late 2026 it shows Thursdays 5 and 26 November and 17 December.

☐ Know the registry hours. The registry at 88 Fitzroy Street is open from 8.30am to 4.30pm on Monday, Tuesday, Wednesday and Friday, and closes at 4pm on Thursdays.

☐ Plan around the court's rules. The calendar's practice notes say:

  • Defendants on a fresh Notice to Appear must attend court in person.
  • Defendants should arrive half an hour early so the duty lawyer can take instructions.
  • Duty lawyers are available for adult and children's criminal matters on callover days.
  • A sentence expected to take more than 15 minutes will be given its own date and time.

Stage 3: which penalties should you be preparing for?

☐ Find your alcohol limit. TORUM sets these first-offence ranges. The penalty unit is $172.70 from 1 July 2026.

  • No alcohol limit – applies to learner, provisional and some commercial drivers. Disqualification of 3 to 9 months (1 to 9 months for particular vehicles). Fine of up to 20 penalty units ($3,454) or up to 3 months' imprisonment.
  • General alcohol limit, 0.05 to under 0.10 – disqualification of 2 to 9 months. Same maximum fine and imprisonment as the no alcohol limit.
  • Middle alcohol limit, 0.10 to under 0.15 – disqualification of 3 to 12 months. Fine of up to 28 penalty units ($4,835) or up to 6 months' imprisonment.
  • High alcohol limit, 0.15 or more, driving under the influence, or failing to provide a specimen – disqualification of at least 6 months. Fine of up to 40 penalty units ($6,908) or up to 9 months' imprisonment.

People often call these ranges "low", "mid" and "high", but those are informal labels, not the terms TORUM uses.

☐ Remember the disqualification is compulsory. Section 86 requires a disqualification even when the court decides not to record a conviction. The question at sentence is how long, not whether. The drink driving penalties page has more detail, including repeat offences.

☐ Check for aggravating features. A crash, passengers (especially children), a very high reading, a long drive or a poor traffic history can push the penalty higher. Mitigating features include a clean record, an early plea, genuine steps to address drinking and a real need for a licence.

Stage 4: do you need to prepare a work licence application?

☐ Check the s 87 conditions. A restricted (work) licence under TORUM s 87 is only possible if:

  1. you hold an open Queensland licence;
  2. your reading was under 0.15;
  3. you were not driving in the course of your work, or driving a truck, tractor or bus; and
  4. you have had no relevant licence sanction or conviction in the past five years.

☐ Gather hardship evidence. You must show that refusing the licence would cause extreme hardship to you or your family, by depriving you of your means of earning a living. On the Southern Downs, where work often means long distances between farms, towns and job sites, that evidence usually comes from an employer letter, a description of the travel your job needs and proof that no other transport is available.

☐ Show you are fit and proper. The magistrate also considers your driving history and character.

☐ Get the timing right. The application is decided after a finding of guilt and before the disqualification is ordered. If your reading was 0.10 or more, a restricted licence carries an interlock condition (s 87 note and s 91K). Warwick's 11am licence list is likely to be where the application is heard, but confirm this with the registry. The restricted work licence guide explains the affidavit in detail.

☐ Do not confuse it with special hardship. A special hardship licence is a separate order for some demerit and other suspensions. It is not available for a court-ordered drink driving disqualification.

Stage 5: what material helps at sentence?

☐ References. Two or three character references from people who know you well. Each referee should say they know about the charge and describe your character and what has happened since.

☐ Program certificate. Completing the Traffic Offenders Program or a similar course shows insight. Keep the certificate and bring a copy.

☐ Employer letter. If you need a licence for work, a letter on letterhead explaining your role and the driving it involves.

☐ Any counselling or medical material. If you have seen a GP or counsellor about alcohol use, a short letter can help.

☐ Consider your plea. If you think the test was wrong, procedures were not followed or you were not driving, read the drink driving defences page before deciding.

Stage 6: what should you do on the morning of court?

☐ Arrive by 8.30am. The 2026 calendar asks defendants to arrive half an hour before the 9am start so the duty lawyer can take instructions.

☐ Bring copies. Take your notice, the breath test certificate, references, certificates and the employer letter, with spare copies for the court and the prosecutor.

☐ Dress neatly and switch off your phone.

☐ Arrange a lift home. If the court orders a disqualification, it starts on the day. You cannot drive away from the court.

☐ Expect a wait. A callover can include many matters. A sentence likely to take longer than 15 minutes may be given a separate date and time under the court's practice notes.

The court process guide explains what happens once your matter is called, from the prosecutor's summary to the magistrate's orders.

Stage 7: what comes after the disqualification?

☐ Apply for a new licence. When the disqualification ends, you must apply to the Department of Transport and Main Roads. You do not simply resume driving.

☐ Expect a probationary licence. You will hold a probationary licence for at least one year.

☐ Plan for an interlock. A 12-month interlock period applies if your reading was 0.10 or more, or you were convicted of driving under the influence, failing to provide a specimen or a repeat offence (TORUM ss 91I and 91N). Regional drivers may need to travel to an approved installer, so check locations early. The alcohol interlock page explains the program and exemptions.

☐ Keep to the conditions. Driving while disqualified, or breaching a restricted licence or interlock condition, is a further offence with its own penalties.

What if you cannot attend on the date in your notice?

☐ Act before the date, not after. If illness, work or a family emergency means you cannot attend, contact the registry on (07) 4598 2300 as early as possible and ask what the court requires. Because the 2026 calendar says defendants on a fresh notice must attend in person, do not assume an adjournment will be granted by phone or email.

☐ Keep evidence of the reason. A medical certificate or a letter from an employer explaining an unavoidable commitment is far more persuasive than a verbal explanation.

☐ Understand the risk of not appearing. If you do not appear and the court has not excused you, the magistrate may deal with the matter in your absence or issue a warrant. Either outcome is worse than attending. Not appearing can also be a separate offence if you were on bail.

☐ Remember that Warwick sits on set days. If a callover is missed, the next available date may be some weeks away, and any licence suspension under s 79B continues in the meantime.

What if you hold a learner, provisional or heavy vehicle licence?

☐ Check which limit applied to you. Learner and provisional drivers, and drivers of many heavy and commercial vehicles, must have no alcohol in their system at all. A reading that would be lawful for an open licence holder in a private car can still be an offence for them.

☐ Understand the work licence limits. A learner or provisional driver does not hold an open licence, so a s 87 restricted licence is not available. A heavy vehicle driver who was driving a truck, tractor or bus at the time is also excluded, even if the reading was low.

☐ Think about every class of licence. A disqualification applies to all the licence classes you hold, not only the one you were using. Farm workers, truck drivers and machinery operators on the Southern Downs should plan for losing every class during the disqualification period.

☐ Talk to your employer early. If your job depends on a heavy vehicle licence, your employer may need to arrange other duties. A letter confirming what they can and cannot offer is useful material at sentence even when a work licence is not available.

What if this is not your first drink driving charge?

☐ Gather your traffic history. The prosecutor will hand up your Queensland traffic history, and any interstate record may also be raised. Knowing what is on it before court avoids surprises.

☐ Expect longer minimum periods. TORUM sets higher minimum disqualifications for repeat drink driving offences, and the maximum fines and imprisonment terms increase. The drink driving penalties page sets out the repeat ranges.

☐ Expect the interlock. A repeat drink driving conviction brings the 12-month interlock period whatever the reading.

☐ Take rehabilitation seriously. For a second or later offence, the magistrate will look closely at what you have done to address alcohol use. Evidence of counselling, a GP plan or an ongoing program carries more weight than a single course completed the week before court.

☐ Check work licence eligibility. A relevant licence sanction or conviction in the past five years rules out a s 87 restricted licence.

What if the charge is drug driving or driving under the influence?

☐ Read the charge closely. Driving with a relevant drug present in your saliva or blood is a different offence from driving under the influence of a drug or alcohol. The evidence, defences and penalties differ.

☐ Check the penalty. Driving under the influence carries the same minimum disqualification of at least 6 months as the high alcohol limit, and an interlock applies on conviction for an alcohol-related under-the-influence charge.

☐ Gather prescription evidence. If you take prescribed medication, bring the prescription and a letter from your doctor. It may be relevant to the charge or to the penalty.

How will you get to Fitzroy Street if you cannot drive?

☐ Plan transport well before the date. If your licence is suspended until the charge is decided, you will need another way to reach court. Public transport between Southern Downs towns is limited, so most people rely on a friend or family member. Ask someone early and give them the date and the 8.30am arrival time.

☐ Allow for the return trip. Even if your licence is not suspended before court, the disqualification starts when it is ordered. The person who drives you there should be ready to drive you home.

☐ Consider an overnight stay if you live a long way out. Drivers coming from Stanthorpe, Killarney, Allora or properties further west sometimes find it easier to arrive the night before than to risk running late.

☐ Allow time to find the courthouse. The courthouse is the sandstone building with the clock tower on Fitzroy Street in the centre of Warwick. Allow time to park, pass through security and find the right courtroom.

☐ Never drive to court while suspended or disqualified. Being caught driving on the way to court is a separate offence that the magistrate will treat seriously.

Which courts are near Warwick?

Police on the Southern Downs and Granite Belt list matters at more than one court. Approximate straight-line distances from Warwick:

  • Stanthorpe – about 50 km south along the New England Highway.
  • Toowoomba – about 65 km north, the main court for the Darling Downs.

Attend the court on your notice. Drivers from across the border at Tenterfield or further south are dealt with under Queensland law when the charge is laid in Queensland.

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

Warwick DUI Case Reviews & Court Video Insights

Warwick DUI Lawyers - Court Case Review This outcome was reported before 31 August 2026, when Queensland drink driving penalties changed, 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.

Warwick drink driving FAQs

Do I have to attend Warwick court in person?

The 2026 calendar says defendants on a fresh Notice to Appear must attend in person. Plan to be there, half an hour before the 9am start.

Does Warwick sit each weekday?

No. Criminal and traffic matters are listed on set callover days. Check the 2026 calendar or call the registry on (07) 4598 2300.

When are licence applications heard?

The calendar shows an 11am list for licence applications, special hardship orders and Queensland Transport matters on set Thursdays, including 5 and 26 November and 17 December 2026.

Can I get a work licence if I drive a truck?

Not if you were driving a truck, tractor or bus when you were caught, or driving for work. Section 87 excludes those situations.

Will I need an interlock?

Yes, if your reading was 0.10 or more, or you were convicted of driving under the influence, failing to provide a specimen or a repeat offence.

Warwick Magistrates Court — court details

Warwick Magistrates Court

Street
88 Fitzroy Street, Warwick QLD 4370
Postal
PO Box 208, Warwick Qld 4370
Phone
(07) 4598 2300
Email
courthouse.warwick@justice.qld.gov.au
Registry hours
8.30am – 4.30pm Monday, Tuesday, Wednesday and Friday · 8.30am – 4.00pm Thursday
Days open
Criminal and traffic callover 9am on set dates; licence applications, special hardship and Queensland Transport 11am on set Thursdays
➜ Get directions

Queensland Courts, Magistrates Courts directory (saved 19 Oct 2026) and Warwick Magistrates Court 2026 calendar (checked 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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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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