QUEENSLAND

Yeppoon DUI Lawyers Case Review: 0.281 High Range Drink Driving Reading

By Joshua Boorman · Published · QLD posts

In shortIn this case review from our Yeppoon DUI lawyers, Joshua Boorman explains how he appeared at Yeppoon Magistrates Court on the Capricorn Coast for a man charged with high range drink driving after police saw him drive away from a licensed venue and nearly hit a concrete island. His reading was 0.281, almost six times the legal limit. After an early plea of guilty, the Traffic Offenders Program and a bundle of supporting material, the court imposed a 12-month disqualification and a $1,000 fine, and did not record a conviction.

  • High range reading of 0.281, almost six times the limit
  • Early plea of guilty and no record in Queensland
  • Outcome: 12 months’ disqualification, $1,000 fine, no conviction recorded, mandatory interlock

Queensland law · law checked 3 Nov 2026

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Case overview

Joshua Boorman recently appeared at Yeppoon Magistrates Court, on the Capricorn Coast in Central Queensland, about a 40 to 45 minute drive from Rockhampton. Our client was charged with high range drink driving. His reading was 0.281, which Joshua described as a very, very high reading: almost six times the legal limit of 0.05.

Two features made the matter difficult. The first was the reading itself, which was close to 0.3. The second was the driving. Police saw him drive a couple of hundred metres from a licensed venue, and they said he almost collided with a concrete island before they intercepted him. A high reading combined with poor driving meant the court was always going to treat the matter seriously.

This post is a case review. For practical information about the court itself and how our Yeppoon DUI lawyers appear there, see our Yeppoon Magistrates Court page. Below, we focus on how this matter was prepared and what was put to the court.

Watch the video: Joshua outside Yeppoon Magistrates Court

Joshua Boorman explains this Yeppoon Magistrates Court matter (7:47). Every case is different. Past results don’t predict the outcome of any other matter.

We placed the video here, straight after the overview, so you can hear Joshua explain the matter in his own words before reading the detail.

What happened

Our client had an argument at home. He was upset and emotional, and he got into his car and drove to a hotel in Yeppoon. That broke his own personal rule. Whenever he planned to drink at a venue, he would normally have someone drop him off and pick him up, and that habit had kept him out of trouble in the past.

At the hotel he drank an excessive amount of alcohol. Joshua said much of that was probably emotionally driven. He then made a further poor and reckless decision, and this is where the behaviour became illegal: he decided to drive home.

As police often do, especially in small towns, officers were watching the licensed venues. They saw him get into his car and drive a couple of hundred metres down the road. Police said he almost collided with a concrete island, and they intercepted him. Joshua was candid that it was fortunate police stopped him so quickly, because with a reading like that something tragic could have happened.

The police facts also said he was belligerent and immature in answering their questions. He regrets that, as well as the driving itself.

The offence and the relevant Queensland law

Queensland has four alcohol limits. The high alcohol limit is a blood or breath alcohol concentration of 0.15 or more. Under the Transport Operations (Road Use Management) Act 1995 (Qld), driving over the high alcohol limit is treated as driving under the influence of liquor. A reading of 0.281 is far above that threshold.

According to the Queensland Government, a first offence at 0.15 or more carries:

  • a minimum licence disqualification of 6 months, with the magistrate deciding the actual period
  • a maximum fine of $6,908
  • a maximum of 9 months’ imprisonment

The Queensland Sentencing Advisory Council describes the maximum penalty for driving over the high alcohol limit as 28 penalty units or 9 months’ imprisonment. Repeat offences carry heavier penalties, including longer disqualification and vehicle impoundment. Your licence can also be suspended immediately when you are charged.

A reading of 0.10 or more is a high-risk drink driving offence, so the Alcohol Ignition Interlock Program applies once the disqualification ends. The Queensland Government says you must take part for at least 12 months, driving only a nominated vehicle fitted with an interlock. If you choose not to, you can’t drive for 5 years from the end of the disqualification.

For more detail, see our guides to QLD drink driving penalties, QLD drink driving offences and QLD alcohol interlock laws.

Why a conviction was in issue

In Queensland, a court sentencing a person for drink driving can decide whether or not to record a conviction. Section 12 of the Penalties and Sentences Act 1992 (Qld) requires the court to consider all the circumstances of the case, including:

  • the nature of the offence
  • the offender’s character and age
  • the impact recording a conviction will have on the offender’s economic or social wellbeing, or chances of finding employment

A conviction that is not recorded is generally taken not to be a conviction for any purpose, but it does not stop the court making other orders because of the offence. That is why the disqualification and the interlock still applied here.

With a reading close to 0.3 and a near collision, the nature of the offence weighed heavily against our client. Joshua said plainly that he was not in line to get anywhere near the minimum 6-month disqualification. For Yeppoon drink driving lawyers, the job at that point is to give the court a full picture of the person and the steps he had taken, so it could weigh those factors properly. Read more about no conviction outcomes for drink driving in QLD.

How the matter was prepared and what was put to the court

Joshua did not shy away from how serious the reading was. Instead, he put the offence in context and gave the court real material to work with. The key pieces were:

  • An early plea of guilty and conceding the facts. We put our hand up and conceded the facts before the court. As Joshua said, at 0.281 our client was in no position to make any sound judgement.
  • Insight, contrition and remorse. Our client regrets the driving and the way he dealt with police, and that was put before the court along with his own letter of apology.
  • Work. His job depends heavily on driving. His employer gave the court a letter saying they would keep him on and try to work through the period without a licence, so his employment going forward is effectively on probation.
  • Family and his circumstances. He has a partner and young children, and the family was about to move into a new home.
  • Practical steps to address his alcohol use. He had sought professional help and had not drunk since the offence. Supporting documents were tendered.
  • A completed Traffic Offenders Program. This showed the court he had re-educated himself on driver safety. Read more about the QLD Traffic Offenders Program.
  • No record in Queensland. He had been in Queensland for about 18 months, and the prosecution tendered no record. He was effectively before the court with a clean record.
  • Character references. Letters from his employer, his partner and a family member supported what we told the court.

Joshua described it as a good, strong bundle of evidence showing that our client had taken the matter seriously and taken positive, concrete steps. None of that made the offence less serious. The risk of something going badly wrong at that reading was very high, and Joshua was careful not to suggest otherwise. It did mean the court had a reliable basis to weigh his prospects and the impact of the penalty on his work and family.

The outcome

As Joshua explains in the video, the court imposed:

  • a 12-month licence disqualification
  • a $1,000 fine
  • no conviction recorded
  • a mandatory interlock once he is back on the road

Our client understands what he has to do over the next 12 months to get his licence back, and that he will need an interlock device fitted to his car.

This is one past result. Every case is different, and the outcome turns on its own facts, the person’s record, the material before the court and the magistrate on the day. This outcome should not be read as typical. Past results don’t predict the outcome of any other matter.

Practical lessons if you’re facing a similar charge at Yeppoon Magistrates Court

  • Expect a long disqualification at a very high reading. The 6-month minimum is only a floor. At readings near 0.3, the court is likely to look well above it.
  • Police watch licensed venues. In small coastal towns, officers often wait near pubs and hotels at closing time. Plan how you’ll get home before you start drinking.
  • Gather evidence early. Letters from your employer and family, proof of steps you’ve taken about your drinking, and a Traffic Offenders Program certificate all take time to organise before your court date.
  • Think about the conviction question. If a conviction would affect your job or future employment, your lawyer can put material to the court about that impact.
  • Plan for work and the interlock. Think about how you’ll get to work during the disqualification, and budget for the interlock afterwards. See our guide to restricted work licences in QLD and whether one is available for your charge.
  • Be careful with police. How you deal with officers can end up in the police facts the court reads.

Talk to Yeppoon drink driving lawyers

If you’ve been charged with drink driving or drug driving and your matter is listed at Yeppoon Magistrates Court, our Yeppoon drink driving lawyers can help you prepare and can appear for you in person or by AVL. Our Yeppoon DUI lawyers page explains how we work at that court, and we also appear at Rockhampton (see our Rockhampton DUI lawyers page). If your charge involves drugs, see our guide to QLD drug driving offences and penalties.

This case review is general information only, not legal advice for your situation. Every case is different, and past results don’t predict the outcome of any other matter.

Call 1300 941 900 or make an enquiry about legal representation.

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FAQs about this post

Is 0.281 a high range reading in Queensland?

Yes. Queensland’s high alcohol limit is a blood or breath alcohol concentration of 0.15 or more. Driving over the high alcohol limit is treated as driving under the influence of liquor under the Transport Operations (Road Use Management) Act 1995 (Qld). A reading of 0.281 is almost six times the general limit of 0.05.

What is the minimum disqualification for high range drink driving in QLD?

For a first offence at 0.15 or more, the Queensland Government lists a minimum licence disqualification of 6 months. The magistrate decides the actual period, and it can be much longer where the reading is very high. Repeat offences carry heavier penalties.

Can a court decide not to record a conviction for drink driving in QLD?

Yes, the court has a discretion under section 12 of the Penalties and Sentences Act 1992 (Qld). It must consider all the circumstances, including the nature of the offence, the person’s character and age, and the impact a conviction would have on their economic or social wellbeing and chances of finding employment. Whether a conviction is recorded depends on the facts of each case.

Do I need an interlock if no conviction is recorded?

In this matter, the interlock still applied. The Queensland Government says the Alcohol Ignition Interlock Program applies after high-risk drink driving offences, including a reading of 0.10 or more, and runs for at least 12 months after the disqualification ends. Not recording a conviction does not stop other orders flowing from the offence. Get advice on how the rules apply to you.

Do Yeppoon DUI lawyers appear in person at Yeppoon Magistrates Court?

Boorman Lawyers appears at Yeppoon Magistrates Court either in person or by audio-visual link (AVL), depending on the listing and the court’s directions. We’ll tell you early what applies to your matter and whether you need to attend.

When should I speak to Yeppoon drink driving lawyers?

As early as possible after you’re charged. Letters, a Traffic Offenders Program certificate and evidence of the steps you’ve taken all take time to organise, and they need to be ready before your court date. Early advice also helps you understand the likely disqualification range and the interlock rules before you plead.

Sources and date checked

Sources and references for this page, checked 3 Nov 2026.

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