Drink Driving in the Tablelands — Atherton and Mareeba Courts
Regional — 2026-07-28 — by Sacha Sarah Smith, Civic Law
Charged with drink driving on the Tablelands? Your licence is gone or about to be — and out here, there is no bus. What happens now, which court hears your matter, why the work licence application is critical, and what to do before your court date.
A drink driving charge on the Tablelands creates an immediate practical crisis that does not exist in the city. There is no bus between Atherton and Herberton. No train between Mareeba and Dimbulah. No Uber in Ravenshoe. A licence suspension on the Tablelands means no way to get to work, pick up children, or buy groceries — unless someone else drives.
Whether the suspension has already started depends on the BAC reading. A reading under 0.100 means a 24-hour roadside suspension — after that, driving is generally allowed until the court date. A reading of 0.100 or above triggers an immediate suspension from the moment of charge. No driving at all until the court deals with the matter. For anyone living on the Tablelands, that second scenario can mean weeks without income before the court date even arrives.
If Your Licence Was Taken Immediately
A BAC reading of 0.100 or above triggers an immediate suspension under section 79B of the <em>Transport Operations (Road Use Management) Act 1995</em>. Your licence is gone from the moment you are charged — not from the court date. For someone in the city, that means catching a bus for a few weeks. On the Tablelands, it can mean no income from the day you are charged until the court deals with the matter.
You do not have to wait. Section 79E of the same Act allows you to apply to the Magistrates Court for an order to keep driving while you wait for your sentencing hearing. The court must be satisfied of two things — that you are a fit and proper person to hold a licence, and that refusing the application would cause you extreme hardship. If the application is granted, you collect a replacement licence from Transport and Main Roads and you can drive until your court date.
This is a separate application from a <a href="/articles/work-licence-applications-queensland">work licence</a>. A section 79E order covers the gap between being charged and going to court. A work licence under section 87 covers the disqualification period after sentencing. If you need your licence for work and your reading was 0.100 or above, you likely need both — applied for at different stages.
On the Tablelands, the section 79E application is often the most urgent part of the entire matter. If you are a farmer who cannot get to your property, a tradesperson who cannot reach job sites in Atherton and Mareeba, or an agricultural worker who commutes from Ravenshoe to Malanda — the gap between charge and court is not just inconvenient. It is weeks without income. Sacha can file the application within days of being instructed.
Why the Work Licence Application Matters More Here
At your sentencing hearing, every drink driving conviction carries a mandatory period of licence disqualification. You cannot avoid it. But if you are eligible, a <a href="/work-licence-eligibility">work licence</a> lets you keep driving for work during that disqualification period — to and from your job, and during working hours, under conditions the court sets.
Work licence applications are heard everywhere in Queensland. But the Tablelands is where the evidence is strongest — because the test the court applies is whether refusing the licence would cause you <strong>extreme hardship</strong> in earning a living. On the Tablelands, that hardship is obvious. There is no public transport. There is no alternative way to get from your home to your work. A farmer driving between properties in Atherton and Mareeba, a mechanic travelling between workshops, a…
The evidence the court needs is specific. A general statement that losing your licence would be hard is not enough. You need:
<strong>Your affidavit.</strong> A sworn statement setting out where you work, how far the drive is, what hours you work, and why you cannot do the job without driving. Sacha drafts this — it is not a form you fill out yourself.
<strong>Employer evidence.</strong> A letter or affidavit from your employer confirming your role requires driving and that no alternative arrangement exists. For self-employed farmers, graziers, and sole operators — your own business records and a detailed affidavit serve the same purpose.
<strong>Evidence that no alternative transport exists.</strong> In Cairns, the court might ask whether you could catch a bus. On the Tablelands, the answer is straightforward — there is no bus.
You are eligible to apply if your BAC was under 0.150, you held a current Queensland open licence at the time of the offence, and you have no relevant traffic conviction in the past five years. If your reading was 0.150 or above, the charge is deemed DUI under section 79(3) of the Act and a work licence is not available — section 87(5)(da) bars it. Our <a href="/work-licence-eligibility">eligibility tool</a> checks this in two minutes.