Drink driving charges in Qld
Drink driving is one of the most common traffic offences in Queensland, and every charge requires a court appearance. A Magistrate will decide the fine, the length of your licence disqualification, and in some cases, whether you should serve a term of imprisonment. The outcome depends on your blood alcohol concentration (BAC) and whether it is a first or repeat offence.
At Ashworth Lawyers, we have extensive experience representing clients charged with drink driving across Queensland. Our focus is on protecting your licence and minimising the impact of a conviction on your life and career.
What is considered drink driving in Queensland?
Under section 79 of the Transport Operations (Road Use Management) Act 1995 (Qld), it is an offence to drive, attempt to drive, or be in charge of a vehicle while over the legal BAC limit, or to refuse to provide a specimen of breath or blood for analysis. The law applies to motor vehicles, trams, trains and vessels. BAC limits are contained in section 79A of the Act.
What are the drink driving limits and penalties?
The penalties and licence disqualification periods depend on your BAC reading and whether you have prior offences. The current value of one penalty unit is $148.50 (as of July 2025).
Low-range drink driving applies to a BAC between 0.05 and 0.099. The maximum penalty is 14 penalty units (approximately $2,078) or 3 months imprisonment. The mandatory disqualification for a first offence is between 1 and 9 months. For a second or later offence, the minimum disqualification is 3 months.
Mid-range drink driving applies to a BAC between 0.10 and 0.149. The maximum penalty is 20 penalty units (approximately $2,969) or 6 months imprisonment. The minimum disqualification for a first offence is 3 months, or 6 months for a second or subsequent offence.
High-range drink driving applies to a BAC of 0.15 or higher. The maximum penalty is 28 penalty units (approximately $4,150) or 9 months imprisonment. The minimum disqualification is 6 months for a first offence and 12 months for a second or subsequent offence.
Driving under the influence of alcohol or drugs (DUI) carries the same maximum penalty of 9 months imprisonment and a minimum 6-month disqualification.
Drivers who must have a zero BAC – such as learners, P-platers, and heavy vehicle drivers – face a maximum penalty of 14 penalty units or 3 months imprisonment and a minimum 3-month disqualification for a first offence.
For repeat or high-range offenders, penalties increase sharply and can include fines up to $8,625, disqualification for up to 2 years, and possible imprisonment.
What is an alcohol ignition interlock?
If you are convicted of high-range drink driving, mid-range drink driving (second or subsequent offence), refusing a specimen, or driving under the influence of alcohol, you will be required to install an alcohol ignition interlock device in your vehicle once your disqualification period ends.
An interlock prevents the vehicle from starting if alcohol is detected. The interlock period lasts for 12 months and is mandatory under the Alcohol Ignition Interlock Program. It is important to understand this requirement before sentencing, as it applies automatically once the disqualification ends.
Can I apply for a work licence?
You may be eligible to apply for a restricted (work) licence under section 87 of the Act if it is your first offence for low- or mid-range drink driving and you held an open Queensland licence at the time.
You are not eligible if:
your BAC was 0.15 or higher
you refused a specimen
you were driving a commercial vehicle
you were on a learner, P1 or P2 licence
The application must be made at the time of sentencing. You will need to show that you have a genuine need for a licence for employment and that you are otherwise a fit and proper person to hold it. Your lawyer can prepare the necessary affidavit and supporting material to assist the court in making this decision.
What are the possible defences to drink driving?
While most matters are resolved by a plea of guilty, some cases raise valid defences. These may include:
The breath or blood test was conducted outside the three-hour time limit under section 80 of the Act.
There is insufficient evidence that you were driving or in charge of the vehicle.
You were driving due to an extraordinary emergency.
A mistake of fact cannot be used as a defence to a drink driving offence under section 79.
What to do before going to court
Every person charged with drink driving must appear in court. Before your court date:
Do not drive to court, as your licence will be disqualified immediately upon conviction.
Bring your driver licence to hand to the prosecutor at sentence.
Consider completing the Queensland Traffic Offenders Program or similar driving course and provide proof of completion to the court.
Gather personal references, work letters, and information about how losing your licence will affect you.
Your drink driving lawyer Brisbane will make submissions about your circumstances, including your employment, family responsibilities, and financial situation, to help the Magistrate decide an appropriate penalty.
Will a drink driving charge affect my future?
A drink driving conviction can affect more than your licence. It can impact your:
Employment and professional registrations
Vehicle insurance and premiums
Standing in the community
For many clients, the loss of licence and reputation can have lasting consequences. It is therefore vital to seek legal advice as early as possible.
Do I need a lawyer for drink driving charges in Qld?
At Ashworth Lawyers, we regularly represent clients in drink driving and traffic-related matters throughout Queensland. We understand that for many people, this is their first time before a court and that the outcome can affect their livelihood and family.
Our Brisbane Criminal Lawyers act quickly to ensure you receive clear advice, strategic representation, and the best possible result, whether that involves applying for a work licence, reducing your disqualification, or avoiding a recorded conviction.
Choosing the best drink driving lawyer in Brisbane
Our criminal defence lawyers are available for a confidential discussion about your case. No booking required.
📞 Speak to our leading Brisbane Criminal Lawyers on (07) 3012 6531 for a confidential discussion about your case. You can also request a confidential callback by filling in our Quick Enquiry form, which also includes access to our free guide 16 Things You Need to Do Now if Charged with a Criminal Offence.
The information provided is general in nature and does not constitute legal advice. Please contact our Brisbane criminal lawyers for specific advice about your case.
Last updated November 2025
