Most motorists pleading guilty to their first drink driving charge will receive a fine and a loss of their licence. It is however open for the Magistrate to impose an actual period of imprisonment, especially where it is a repeat drink driving charge.
For some drink driving offences, the law says that the court must impose, as the whole or part of the punishment, imprisonment.
Sentence
When you enter a plea of guilty to a traffic matter the Magistrate must decide, not only the length of your disqualification, but also whether you will be fined, given a community based order or sentenced to a period of imprisonment.
The Court will look at various factors including:
- your reading at the time of the offence;
- the circumstances surrounding the offence; and
- your criminal and traffic history.
First time drink driving penalties
For a first time drink driver the maximum penalties are:
| Court | Address: | Opening: | Telephone: | Facsimile: | Email: |
|---|---|---|---|---|---|
| Ballina Local Court | River Street, Ballina NSW 2478 | 8:30am - 4:00pm Monday to Friday | (02) 6681 2200 | (02) 6681 2234 | local_court_ballina@agd.nsw.gov.au |
| Beaudesert Magistrates Court | 29 William Street, Beaudesert Qld 4285 | 8:30am - 4:30pm Monday to Friday | (07) 5542 2055 | (07) 5542 2050 | Courthouse.beaudesert@justice.qld.gov.au |
| Beenleigh Magistrates Court | Cnr Kent and James Streets, Beenleigh Qld 4207 | 8:30am - 4:30pm Monday to Friday | (07) 3884 7500 | (07) 3884 7544 | Courthouse.beenleigh@justice.qld.gov.au |
| Beenleigh District Court | Cnr Kent and James Streets, Beenleigh Qld 4207 | 8:30am - 4:30pm Monday to Friday | (07) 3884 7500 | (07) 3884 7544 | Courthouse.beenleigh@justice.qld.gov.au |
| Brisbane Magistrates Court | 363 George Street, Brisbane Qld 4001 | 8:30am - 4:30pm Monday to Friday | (07) 3247 5598 | (07) 3247 5669 | courthouse.brisbane@justice.qld.gov.au |
| Brisbane District Court | QEII Courts of Law Complex, 415 George Street, Brisbane Qld 4001 | (07) 3247 4313 | (07) 3247 5316 | courtinfo@justice.qld.gov.au | |
| Brisbane Supreme Court | QEII Courts of Law Complex, 415 George Street, Brisbane Qld 4001 | 8:30am - 5:00pm Monday to Friday | (07) 3247 4761 | (07) 3247 4771 | courtinfo@justice.qld.gov.au |
| Brisbane Childrens Court | 30 40 Quay Street, Brisbane Qld 4001 | 8:30am - 5:00pm Monday to Friday | (07) 3235 9841 | (07) 3235 9890 | brisbane.childrenscourt@justice.qld.gov.au |
| Byron Bay Local Court | Middleton Street, Byron Bay NSW 2481 | 8:30am - 4:00pm Monday to Friday | (02) 6685 6585 | (02) 6685 6654 | local_court_byron_bay@agd.nsw.gov.au |
| Caboolture Magistrates Court | 30 King Street, Caboolture Qld 4510 | 8:30am - 4:30pm Monday to Friday | (07) 5431 2200 | (07) 5431 2211 | courthouse.caboolture@justice.qld.gov.au |
| Caloundra Magistrates Court | 3 Gregson Place, Caloundra Qld 4551 | 8:30am - 4:30pm Monday to Friday | (07) 5420 9000 | (07) 5491 8014 | courthouse.caloundra@justice.qld.gov.au |
| Casino Local Court | Walker Street, Casino NSW 2470 | 8:30am - 4:00pm Monday to Friday | (02) 6662 1099 | (02) 6662 5017 | local_court_casino@agd.nsw.gov.au |
| Central Local Court | 98 Liverpool Street, World Square Sydney NSW 200 | 8:30am - 4:00pm Monday to Friday | 1300 679 272 | (02) 6662 5107 | local_court_central@agd.nsw.gov.au |
| Cleveland Magistrates Court | 5 Middle Street, Cleveland Qld 4163 | 8:30am - 4:30pm Monday to Friday | (07) 3383 0733 | (07) 3383 0744 | courthouse.cleveland@justice.qld.gov.au |
| Coffs Harbour Local Court | 20 Moonee Street, Coffes Harbour NSW 2450 | 8:30am - 4:00pm Monday to Friday | (02) 6651 9025 | (02) 6652 3731 | local_court_coffs_harbour@agd.nsw.gov.au |
| Coolangatta Magistrates Court | Musgrave Street, Coolangatta Qld 4225 | 8:30am - 4:30pm Monday to Friday | (07) 5569 3040 | (07) 5569 3044 | courthouse.coolangatta@justice.qld.gov.au |
| Downing Centre Local Court (Criminal) | Level 4 Downing Centre, 143-147 Liverpool Street, Sydney NSW 1235 | 8:30am - 5:00pm Monday to Friday | 1300 679 272 | (02) 9267 2963 | local_court_downing_centre@agd.nsw.gov.au |
| Dubbo Local Court | Brisbane Street, Dubbo NSW 2830 | 8:30am - 4:30pm Monday to Friday | (02) 6885 7666 | (02) 6885 7697 | local_court_dubbo@agd.nsw.gov.au |
| Glenn Innes Local Court | Grey Street, Glenn Innes NSW 2370 | 8:30am - 4:30pm Monday to Friday | (02) 6732 2666 | (02) 6732 3320 | local_court_glenn_innes@agd.nsw.gov.au |
| Gosford Local Court | Cnr Donnison St and Henry Parry Drive, Gosford NSW 2250 | 8:30am - 4:30pm Monday to Friday | (02) 4304 6922 | (02) 4323 3570 | local_court_gosford@agd.nsw.gov.au |
| Grafton Local Court | 47 Victoria Street, Grafton NSW 2810 | 8:30am - 4:30pm Monday to Friday | (02) 6643 1325 | (02) 6643 2098 | local_court_grafton@agd.nsw.gov.au |
| Gympie Magistrates Court | 38 Channon Street, Gympie Qld 4570 | 8:30am - 4:30pm Monday to Friday | (07) 5480 5488 | (07) 5480 5499 | courthouse.gympie@justice.qld.gov.au |
| Gympie District Court | 38 Channon Street, Gympie Qld 4570 | 8:30am - 4:30pm Monday to Friday | (07) 5480 5488 | (07) 5480 5499 | courthouse.gympie@justice.qld.gov.au |
| Hervey Bay Magistrates Court | Cnr Queens Road and Freshwater Street, Hervey Bay Qld 4655 | 8:30am - 4:30pm Monday to Friday 8:30am - 4:00pm 1st and 3rd Tuesday | (07) 4125 9300 | (07) 4125 9315 | courthouse.herveybay@justice.qld.gov.au |
| Hervey Bay District Court | Cnr Queens Road and Freshwater Street, Hervey Bay Qld 4655 | 8:30am - 4:30pm Monday to Friday 8:30am - 4:00pm 1st and 3rd Tuesday | (07) 4125 9300 | (07) 4125 9315 | courthouse.herveybay@justice.qld.gov.au |
| Holland Park Magistrates Court | Marshall Road, Holland Park Qld 4121 | 8:30am - 4:30pm Monday to Friday | (07) 3336 0885 | (07) 3336 0889 | courthouse.hollandpark@justice.qld.gov.au |
| Ipswich Magistrates Court | 43 Ellenborough Street, Ipswich Qld 4305 | 8:30am - 4:30pm Monday to Friday | (07) 3280 1480 | (07) 3280 1481 | courthouse.ipswich@justice.qld.gov.au |
| Ipswich District Court | 43 Ellenborough Street, Ipswich Qld 4305 | 8:30am - 4:30pm Monday to Friday | (07) 3280 1720 | (07) 3280 1904 | courthouse.ipswich@justice.qld.gov.au |
| Kempsey Local Court | 2 Sea Street, West Kempsey NSW 2440 | 8:30am - 4:30pm Monday to Friday | (02) 6562 5095 | (02) 6562 5720 | local_court_kempsey@agd.nsw.gov.au |
| Kyogle Local Court | Geneva Street, Kyogle NSW 2474 | 8:30am - 4:30pm Monday to Friday | (02) 6632 1207 | (02) 6632 1234 | local_court_kyogle@agd.nsw.gov.au |
| Lismore Local Court | 9-11 Zadoc Steet, Lismore NSW 2480 | 8:30am - 4:30pm Monday to Friday | (02) 6623 3633 | (02) 6623 3600 | local_court_lismore@agd.nsw.gov.au |
| Maroochydore Magistrates Court | Cornmeal Parade, Maroochydore Qld 4558 | 8:30am - 4:30pm Monday to Friday | (07) 5470 8111 | (07) 5470 8146 | courthouse.maroochydore@justice.qld.gov.au |
| Maroochydore District Court | Cornmeal Parade, Maroochydore Qld 4558 | 8:30am- 4:30pm Monday to Friday | (07) 5470 8111 | (07) 5470 8146 | courthouse.maroochydore@justice.qld.gov.au |
| Maryborough Magistrates Court | 170 Richmond Street, Maryborough Qld 4650 | 8:30am - 4:30pm Monday to Friday | (07) 4121 1810 | (07) 4121 1883 | courthouse.maryborough@justice.qld.gov.au |
| Maryborough District Court | 170 Richmond Street, Maryborough Qld 4650 | 8:30am - 4:30pm Monday to Friday | (07) 4121 1810 | (07) 4121 1883 | courthouse.maryborough@justice.qld.gov.au |
| Maryborough Supreme Court | 170 Richmond Street, Maryborough Qld 4650 | 8:30am - 4:30pm Monday to Friday | (07) 4121 1810 | (07) 4121 1883 | courthouse.maryborough@justice.qld.gov.au |
| Murwillumbah Local Court | 61 Main Street, Murwillumbah NSW 2484 | 8:30am - 4:30pm Monday to Friday | (02) 6672 5677 | (02) 6672 5708 | local_court_dubbo@agd.nsw.gov.au |
| Nambour Magistrates Court | 156 -168 Currie Street, Nambour Qld 4560 | 8:30am - 4:30pm Monday to Friday | (07) 5470 8755 | (07) 5470 8769 | courthouse.nambour@justice.qld.gov.au |
| Noosa Magistrates Court | Langura Street, Noosa Qld 4567 | 8:30am - 4:30pm Monday to Friday | (07) 5473 8400 | (07) 5447 2425 | courthouse.noosa@justice.qld.gov.au |
| Pine Rivers Magistrates Court | 374 Gympie Road, Strathpine Qld 4500 | 8:30am - 4:30pm Monday to Friday | (07) 3384 8233 | (07) 3384 8244 | courthouse.pinerivers@justice.qld.gov.au |
| Redcliffe Magistrates Court | 193 Redcliffe Parade, Redcliffe Qld 4020 | 8:30am - 4:30pm Monday to Friday | (07) 3480 1511 | (07) 3480 1522 | courthouse.redcliffe@justice.qld.gov.au |
| Richlands Magistrates Court | Cnr Old Progress and Archerfield Roads, Richlands Qld 4077 | 8:30am - 4:30pm Monday to Friday | (07) 3710 1200 | (07) 3710 1211 | courthouse.richlands@justice.qld.gov.au |
| Sangate Magistrates Court | 84 Keogh Street, Sangate Qld 4017 | 8:30am - 4:30pm Monday to Friday | (07) 3631 8222 | (07) 3631 8212 | courthouse.sangate@justice.qld.gov.au |
| Southport Magistrates Court | Cnr Davenport and Hinze Streets, Southport Qld 4215 | 8:30am - 4:30pm Monday to Friday | (07) 5583 5900 | (07) 5591 1204 | courthouse.southport@justice.qld.gov.au |
| Southport District Court | Cnr Davenport and Hinze Streets, Southport Qld 4215 | 8:30am - 4:30pm Monday to Friday | (07) 5583 5900 | (07) 5591 1204 | courthouse.southport@justice.qld.gov.au |
| Stanthorpe Magistrates Court | 51 Marsh Street, Stanthorpe Qld 4380 | 8:30am -4:30pm Monday to Friday | (07) 4681 1025 | (07) 4681 3228 | courthouse.stanthorpe@justice.qld.gov.au |
| Stanthorpe District Court | 51 Marsh Street, Stanthorpe Qld 4380 | 8:30am - 4:30pm Monday to Friday | (07) 4681 1025 | (07) 4681 3228 | courthouse.stanthorpe@justice.qld.gov.au |
| Toowoombah Magistrates Court | 159 Hume Street, Toowoombah Qld 4350 | 8:30am - 4:30pm Monday to Friday | (07) 4615 3660 | (07) 4615 3598 | courthouse.toowoomba@justice.qld.gov.au |
| Toowoomba District Court | 159 Hume Street, Toowoombah Qld 4350 | 8:30am - 4:30pm Monday to Friday | (07) 4615 3660 | (07) 4615 3598 | courthouse.toowoomba@justice.qld.gov.au |
| Toowoomba Supreme Court | 159 Hume Street, Toowoombah Qld 4350 | 8:30am - 4:30pm Monday to Friday | (07) 4615 3660 | (07) 4615 3598 | courthouse.toowoomba@justice.qld.gov.au |
| Tweed Heads Local Court | 50 52 Recreation Street, Tweed Heads NSW 2485 | 8:30am - 4:30pm Monday to Friday | (07) 5536 7577 | (02) 5536 9267 | local_court_tweed_heads@agd.nsw.gov.au |
| Warwick Magistrates Court | Cnr Guy and Fitzroy Streets, Warwick Qld 4370 | 8:30am - 4:30pm Monday to Friday | (07) 4667 5122 | (07) 4661 1202 | courthouse.warwick@justice.qld.gov.au |
| Warwick District Court | Cnr Guy and Fitzroy Streets, Warwick Qld 4370 | 8:30am - 4:30pm Monday to Friday | (07) 4667 5122 | (07) 4661 1202 | courthouse.warwick@justice.qld.gov.au |
| Wynnum Magistrates Court | Pine Street, Wynnumm Qld 4178 | 8:30am - 4:30pm Monday to Friday | (07) 3362 9090 | (07) 3362 9089 | courthouse.wynnum@justice.qld.gov.au |
Read more about BAC limits in our previous blog post.
Repeat Drink Driving Charge
Imprisonment becomes an option where the court is sentencing you for a repeat drink driving charge. Repeat drink drivers face higher penalties than first time drink drivers. In addition to the power to impose a period of imprisonment the court can also:
- Have your car impounded (if you refuse to provide a specimen of breath or blow over 0.15%; Read more about impoundment powers here.
- Disqualify your licence for up to two years;
What is a Repeat Drink Driver?
A repeat drink driver is a person who has been sentenced for an offence outlined above within the last 5 years. The Court will look at the totality of your traffic history in deciding which penalty to apply, however the legislation defines a repeat drink driver as a person convicted within the last five years.
What should I do if I am a repeat drink driver?
If you are intending to enter a plea of guilty to a repeat drink driving offence you should consider your reading, the circumstances of the offence and your traffic history. If you are concerned that you might be facing a period of imprisonment you should contact a traffic lawyer for advice.
A program such as the Queensland Traffic Offenders Program will assist you to demonstrate rehabilitation.
More Drink Driving Articles
- Do I have to be driving to be charged with Drink Driving?
- Guide to work licences.
- Can I refuse a RBT?
- What alcohol limit applies to my licence class?
Disclaimer
This website contains general information about legal matters. The information is not advice, and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.
For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.
Liability limited by a scheme approved under professional standards legislation.