From 1 December 2026: Queensland introduces a combined drink and drug driving offence with its own penalties. If your offence date is on or after 1 December 2026, call us on 1300 952 255 to check how the change affects your matter.
Drink-driving charges must be dealt with in the Magistrates Court. If you are charged with a drink-driving offence, you will get a Notice to Appear (which lists the charge and the date you must attend court). You also receive a certificate stating either the concentration of alcohol detected in your blood or saliva, or what drug(s) was found in your system. Lastly, you will receive a notice from police advising you that your drivers licence is suspended: either for 24 hours or until your matter is finalised at court.
Below, we discuss the consequences of being charged with, and being convicted of, a drink-driving, or drug-driving charge.
24-Hour or Immediate Drivers Licence Suspension
If you have been charged with a low-range, drink-driving charge (0.05 – 0.99% blood-alcohol concentration), your drivers licence will be suspended for 24 hours from the time you are charged. You will be given a Notice of Suspension from the police, which will tell you exactly when this period of suspension starts, and when this suspension ends.
If you are charged with either mid-range drink driving (0.1 – 0.149% blood-alcohol concentration) or high-range drink driving (0.15% blood-alcohol concentration or higher), your drivers licence is suspended immediately and the suspension remains in place until your matter is finalised in court. This period of suspension remains in place even if you adjourn your matter or plead not guilty to the charge and go to trial. Furthermore, this period of suspension only counts to the final licence disqualification if the magistrate determines that you ought to be disqualified from driving for a period longer than the minimum period set out in the legislation (and discussed below). In other words, the magistrate cannot subtract the period of licence suspension from the mandatory minimum.
However, if there is a risk that you will lose your employment (or your business, if you are self-employed), then you may apply for a temporary, restricted drivers licence while your matter is being heard in court. These temporary drivers licences are similar to a “work licence”, operate in a similar way, and have similar criteria that you must satisfy in order to get one. The main difference with these temporary drivers licences and a work licence is that (a) you must apply for them within 21 days from the date your drivers licence was suspended and (b) they expire once your matter has been finalised by the court.
In practical terms, these applications are best made if (a) you are going to plead not guilty to the drink-driving charge and go to trial, or (b) your matter will otherwise remain in court for a long period of time (because you want to negotiate with the police prosecutor, etc).
Pleading Guilty to Drink-Driving Charges
If you plead guilty to a drink-driving charge, the only task for the court is to impose penalties. In summary, drink-driving offences require the court to impose both the “standard” criminal penalties (fines, probation, imprisonment, etc) and a period of disqualification from driving. Queensland’s traffic legislation sets out a series of mandatory maximum criminal punishments and a set of mandatory periods of disqualification from driving. The criteria for what sort of punishment and disqualification from driving are twofold: firstly, the nature of the offence (low-range, mid-range, or high-range drink driving) and secondly, whether or not you have committed certain offences in the previous 5 years. For convenience, the following table sets out the constellation of maximum punishments and range of licence disqualifications as prescribed by law:
Driving under the Influence of Liquor or Drugs
Any Previous Convictions in the Last 5 years?
Maximum Penalty
Maximum Penalty
No previous convictions
Fine of $4,334.00 or 9 months’ imprisonment.
6 months – permanent disqualification.
One previous conviction for either high-range drink driving or dangerous operation of a motor vehicle.
Fine of $9,288.00 or 18 months’ imprisonment.
1 year – permanent disqualification.
More than one previous convictions for either high-range drink driving, or an indictable offence involving a motor vehicle, or dangerous operation of a motor vehicle
Mandatory imprisonment (however imposed).
2 years – permanent disqualification.
One previous conviction for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.
Fine of $4,644.00 or 1 year’s imprisonment.
9 months – permanent disqualification.
More than one previous conviction for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.
Fine of $9,288.00 or 18 months’ imprisonment.
1 year – permanent disqualification.
Mid-Range Drink Driving
Any Previous Convictions in the Last 5 years?
Maximum Penalty
Range of Licence Disqualification
No previous convictions
Fine of $3,096.00 or 6 months’ imprisonment.
3 months – 12 months.
One previous conviction for either high-range drink driving, or an indictable offence involving a motor vehicle, or dangerous operation of a motor vehicle
Fine of $4,644.00 or 1 year’s imprisonment.
9 months – permanent disqualification.
One previous conviction for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.
Fine of $3,096.00 or 6 months’ imprisonment.
3 months – 18 months.
Two previous convictions for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.
Fine of $4,334.00 or 9 months’ imprisonment.
6 months – permanent disqualification.
One previous conviction for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving and one previous conviction for either high-range drink driving, or an indictable offence involving a motor vehicle, or dangerous operation of a motor vehicle.
Fine of $9,288.00 or 18 months’ imprisonment.
1 year – permanent disqualification.
Low-Range Drink Driving
Any Previous Convictions in the Last 5 years?
Maximum Penalty
Range of Licence Disqualification
No previous convictions
Fine of $3,096.00 or 6 months’ imprisonment.
1 month – 9 months
or
3 months – 9 months for learner, provisional or probationary drivers licences.
One previous conviction for either high-range drink driving, or an indictable offence involving a motor vehicle, or dangerous operation of a motor vehicle
Fine of $4,644.00 or 1 year’s imprisonment.
9 months – permanent disqualification.
One previous conviction for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.
Fine of $3,096.00 or 6 months’ imprisonment.
3 months – 18 months.
Two previous convictions for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving.
Fine of $4,334.00 or 9 months’ imprisonment.
6 months – permanent disqualification.
One previous conviction for either mid-range drink drive, low-range drink drive, driving with a relevant drug, or zero-alcohol drink driving and one previous conviction for either high-range drink driving, or an indictable offence involving a motor vehicle, or dangerous operation of a motor vehicle.
Fine of $9,288.00 or 18 months’ imprisonment.
1 year – permanent disqualification.
Driving with a Relevant Drug Present in the Saliva or Blood*
*Penalties are the same as low-range drink driving.
Zero-Alcohol Drink Driving (eg P Platers or unlicenced)*
*Penalties are the same as low-range drink driving but the minimum disqualification starts at 3 months
Please note that this table does not include driver licence disqualifications for other offences (such as dangerous operation of a motor vehicle, marine-related drink-driving offences, etc). It also does not include driver licence disqualification periods if you apply for a work licence (as these periods may double if a work licence is granted).
Please also note that the reference to fines or imprisonment can also include community-based orders such as probation and community service orders. These types of penalty sit between fines and imprisonment in the hierarchy of punishments.
When the court decides the period of disqualification from driving, it must take into account:
- The blood-alcohol concentration or presence of a relevant drug; and
- The danger to the public (real or potential) that the circumstances of each case presented.
These penalties (including disqualification from driving) are imposed as a the date of conviction (ie, from the date you either plead guilty or are found guilty). As already mentioned, any period of drivers licence suspension you served prior to conviction can only be taken into account if the court considers that you ought to receive a period of licence disqualification longer than the legislated minimum.
Conclusion
As you can see, the legislative scheme for dealing with drink-driving charges is complex and can be confusing. The penalties for drink-driving can also be severe. That is why it is important to get expert legal advice before facing court.
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