Traffic Offences

The penalties for drink driving depend on the level of alcohol in a person's blood, the type of licence held, and the number of times they have been caught.

There are four ranges of drink driving and the penalty differs depending on the specific type of drink driving committed. Drivers who are prohibited from having any alcohol in their system can receive 14 penalty units and/ or 3 months’ imprisonment with a mandatory disqualification of 3 months.

For low-range drink driving (0.05 - 0.099 BAC), the penalties include:

• First offence: $353 fine and a maximum of 9 months' licence disqualification

• Second offence (within 5 years): $708 fine and a minimum of 6 months' licence disqualification

For mid-range drink driving (0.1 - 0.149 BAC), the penalties include:

• First offence: $429 fine and a maximum of 9 months' licence disqualification

• Second offence (within 5 years): $858 fine and a minimum of 6 months' licence disqualification

For high-range drink driving (0.15 BAC or above), the penalties include:

• First offence: a fine of up to $4,603, a minimum 6 months' licence disqualification, and a maximum 9 months' imprisonment

• Second offence (within 5 years): a fine of up to $9,207, a minimum 1 year's licence disqualification, and a maximum 18 months' imprisonment.

For learner and provisional drivers in Queensland, the penalties for drink driving are more severe, regardless of the level of alcohol in their blood. The penalties include:

• First offence: a fine of up to $1,706 and immediate licence disqualification for at least 3 months

• Second offence (within 5 years): a fine of up to $3,413 and immediate licence disqualification for at least 6 months.

It's worth noting that these are the maximum penalties and the actual penalties imposed may vary depending on the circumstances of each case.

If you have been charged with a drink driving offence in the past 5 years, and commit the offence again, you are classed as a ‘repeat offender’. As a result, your penalty may be increased. If you have been charged with three high range drink driving offences in the past 5 years, it is mandatory for the Court to impose imprisonment as a part of your sentence.

In Queensland, it is an offence under the Transport Operations (Road Use Management) Act 1995 (TORUM Act) to drive if your blood alcohol content (BAC) is over 0.05 (for an open licence holder) or, in some cases, over 0 (such as a provisional licence holder). That means you can face criminal prosecution in a court. The charge is usually heard in a Magistrates Court before a Magistrate.

Being found guilty of a drink/drug driving offence means that you will have your licence suspended and you will be disqualified from applying for or obtaining a driver licence for the period of your disqualification.

The TORUM Act says that if you are found guilty (after trial or if you plead guilty) of certain offences, your driver licence must be suspended for a minimum period of time. That means that the Magistrate will not be able to give you a shorter period than what the law says, no matter your circumstances.

The suspension period depends on which offence you have been charged with. Depending on your driving history, the suspension period could be longer than the minimum.

1. If you are charged with driving ‘under the influence’ of liquor or drugs, this means that at the time you were driving, you had a BAC of 0.150. If you are caught driving with this BAC reading or higher, your driver licence will be immediately disqualified by the police until the charge is dealt with in court.

If you are found guilty, your driver licence must be suspended for at least 6 months from the date you are found guilty. Depending on your driving history, it could be longer.

2. If you are charged with driving over the ‘middle alcohol limit’, this means that at the time you were driving, you had a BAC reading of between 0.100 and 0.150. If you are caught driving with a BAC reading of 0.100 or over, your driver licence will be immediately disqualified by the police until the charge is dealt with in court.

If you are found guilty, your driver licence must be suspended for at least 3 months from the date you are found guilty.

3. If you are charged with driving over the ‘general alcohol limit’, this means that at the time you were driving, you had a BAC reading of less than 0.100 and more than 0.05. If you are caught driving with a BAC reading of over 0.05 but less than 0.100, your driver licence will be immediately suspended for 24 hours from the time the police give you a Notice of Suspension.

If you are found guilty, your driver licence must be suspended for at least 1 month from the date you are found guilty.

4. If you are charged with driving over the ‘no alcohol limit’, this means the type of licence you hold requires you to have a BAC reading of 0 any time you are driving. If you are caught with a BAC reading higher than 0 and hold a learner, probationary or provisional licence, your driver licence will be immediately suspended for 24 hours from the time the police give you a Notice of Suspension.

If you are found guilty, your driver licence must be suspended for at least 1 month from the date you are found guilty.

5. If you are charged with driving while a ‘relevant drug’ is present in your blood or saliva, this means that at the time you were driving, a test revealed that you had cannabis, ecstasy or ICE in your system, but not affected to the extent you are ‘under the influence’ of the relevant drug. If you are caught driving with a relevant drug in your system, your driver licence will be immediately disqualified by the police until the charge is dealt with in court.

If you are found guilty, your driver licence must be suspended for at least 1 month from the date you are found guilty.

On top of the suspension, you may also face other penalties for your charge if found guilty. It is a very serious offence to drive a motor vehicle while disqualified by a court order, no matter the reason you are doing it, and if you are caught doing this you may face a further disqualification period of at least two years and a further penalty from the court.

No. To be allowed to drive for work, you must apply to the court you are being sentenced in for the issue of a restricted licence under section 87 of the TORUM Act, more commonly known as a Work Licence.

You are eligible to apply for a Work Licence if:

1. you have not had your licence cancelled, suspended, or disqualified within the last 5 years before you were charged with a drink/drug driving offence (except if you are suspended by the State Penalties Enforcement Register (SPER) or if you were issued a 24-hour Notice of Suspension from the police for driving over the general or no alcohol limits); and

2. you do not hold a learner, probationary or provisional licence; and

3. you are not charged with driving under the influence of liquor or a relevant drug, or for failing to provide a specimen of breath or blood when asked by the police; and

4. you weren’t driving for a work-related reason; and

5. you have a job (or you are self-employed); and

6. you need your licence for work and you will lose your job if you lose your licence, not just that it will be more convenient to get to work if you don’t have a driver licence (unless there is no public transport available, if this is the case you may be eligible) or you need a driver licence to look for work.

These are only ‘threshold’ questions, meaning that even if you can answer all these questions, you still need to apply to the court.

If you are granted a Work Licence, you may only drive for work purposes. This means that you cannot drive for any other purpose, including taking or collecting your children from school, driving to the grocery store or chemist, or taking a detour for any other reason which is not directly connected with your work. No matter how good your reason might be, if you are caught driving for a non-work purpose, you may face severe penalties.

From 10 September 2021, for anyone who is a first-time drink driver, it is a requirement of the Department of Transport and Main Roads that they complete the Plan.Drive.Survive drink driving course before issuing a Work Licence.

There are strict requirements for an application for a Work Licence. You need to file an application and an affidavit from yourself and your employer. Your affidavit needs to convince the court that:

1. you are a ‘fit and proper person’ to hold a driver licence; and

2. you will lose your job if you lose your driver licence and aren’t given a Work Licence; and

3. you and/or your family will suffer financial hardship if you do not have income (for example, if you don’t have savings you can access for living expenses then this will likely be considered financial hardship).

Your employer’s affidavit needs to show that you will lose your job if you aren’t allowed to drive for the period of your suspension.

The application must be heard at the same time as you are sentenced. The court cannot issue a Work Licence if you have already been sentenced and your licence has been suspended.

The Work Licence will also have strict conditions imposed, depending on your circumstances, and your driver licence will usually be suspended for longer than the minimum period because the court is granting you the privilege of continuing to drive for approved reasons whilst otherwise suspended. This will depend on your circumstances and the facts of your case. We recommend that you speak to a lawyer for advice specific to your circumstances and to help you put together your application.

We are available to help if you have been charged with a drink/drug driving offence and you are not sure if you are eligible to apply for a Work Licence. If you would like to know more, contact our office to make an appointment with our friendly staff.

If you are classed as a “high-risk” drink driver, you might also have to participate in the Alcohol Ignition Interlock Program (“AIIP”). This includes if you are charged and found guilty of any of the following offences:

• driving, or attempting to drive, under the influence of alcohol;
• driving, or attempting to drive, with a BAC reading over 0.10 (if the offence was committed after 10 September 2021);
• failing to provide a blood/breath specimen;
• dangerous driving whilst affected by alcohol; or
• if you have been charged and found guilty of two or more drink driving offences within the last five years.

If you were convicted of high-risk drink driving before 9 September 2021 and your licence disqualification ends on or after 9 September 2021, or if you are convicted on or after 9 September 2021, you will be subject to what is known as the “performance-based interlock program”. You can choose not to participate in the AIIP, but you will be unable to drive for five years from the end of your disqualification period, or the date you were given a Work Licence if successful.

If you either:

1. accumulate demerit points, resulting in either a good behaviour order with the Department of Transport and Main Roads, or a licence suspension after being sent a Notice to Choose; or
2. your licence is suspense for committing a high speed offence; and
3. you were under 25 years of age when the offence/s were committed, and held a provisional or probationary licence, or did not hold a valid licence,then a late night driving restriction must be imposed on you.

This will also be imposed if you were disqualified from holding or obtaining a Queensland driver licence, for example for a drink or drug driving offence, and you were under 25 years of age when the offences were committed, and you held a provisional or probationary licence, or did not hold a valid licence.

A late night driving restriction means that you will be unable to drive between the hours of 11pm and 5am, every night, for one year. This stays in place across all licences you have for that year, including if you change your licence from a provisional to an open licence.

You are able to apply for an exemption to the late night driving restriction if you can prove to the Department of Transport and Main Roads that you need to drive at night for either:

1. to or from your place of employment, or as part of your employment, during those hours; or
2. to prevent severe hardship from being suffered by yourself or your family, if you are not able to drive during these hours.

We are available to help if you have been charged with a drink/drug driving offence and you are not sure if you are eligible to apply for a Work Licence. If you would like to know more, contact our office to make an appointment with our friendly staff.