Traffic
Case note: drink driving at 0.087
Published
The charge
Driving under the influence of liquor, with a blood alcohol concentration of 0.087. The driver was intercepted in a random breath test. He held a student visa and was preparing a permanent residency application.
Under the Transport Operations (Road Use Management) Act 1995 (Qld), a reading in that range falls in the mid range category, which carries a mandatory minimum disqualification period.
What was done
Instructions were to plead guilty. The client’s main concern was not the fine or the disqualification but whether a conviction would be recorded, because of the effect that could have on the residency application.
Submissions were drafted around that issue, supported by character references and other material relevant to whether a conviction should be recorded. Section 12 of the Penalties and Sentences Act 1992 (Qld) requires a court to consider the nature of the offence, the offender’s character and age, and the impact a recorded conviction would have on economic or social wellbeing or on employment prospects.
The result
The court imposed a disqualification of 2 months and a fine of $280, and did not record a conviction.
Whether a conviction is recorded is a discretion, exercised on the material actually before the court. A different reading, a different history or different personal circumstances produce a different result. This matter turned on its own facts, and nothing in it predicts the outcome of any other case.
Last reviewed 3 August 2026 by the TWC Lawyers team. Queensland penalty units and court fees are indexed on 1 July each year. Check current figures before you rely on them, or ask us.