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Dangerous driving is a — never face it alone
Dangerous operation of a motor vehicle is one of the most serious offences on the road in Queensland. It’s a criminal offence, not just a traffic one — prison is a real possibility, there’s no work licence, and a conviction can follow you for years. Here’s the honest picture, and exactly what we do about it.
Written and reviewed by Steven Brough, founder · practising in Queensland courts for 25+ years · Last updated 7 July 2026
Criminal
offence — prison is possible
6–12 mths
minimum disqualification
No licence
No licence
work or hardship, during it
Court date coming up? Talk to our team today — free.
We’ll call you back around 15 minutes in business hours — Belinda or Sara.
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The honest picture
What a dangerous driving charge in Queensland actually means
Dangerous driving is defined in section 328A of the Criminal Code — not the traffic legislation — and that changes everything about how seriously the court treats it. Six things are worth knowing before your court date:
1
It's a criminal offence, not just a traffic one
Dangerous driving is charged under the Criminal Code. A conviction can affect overseas travel, employment and insurance in a way an ordinary traffic fine never would.
2
There are four charges, and they escalate fast
Basic dangerous driving, dangerous driving while affected by an intoxicating substance, excessive speeding or unlawful racing, and — the most serious — causing death or grievous bodily harm. The one you face decides your court and your exposure.
3
Prison is a real possibility — even first time
Depending on the circumstances and the harm done, a first offence can attract actual imprisonment. Where death or grievous bodily harm is caused, a prison sentence is almost always imposed.
4
No work licence — the disqualification is absolute
Unlike drink or drug driving, there is no work or hardship licence for dangerous driving. The minimum is 6 months (1 year for death or GBH) with no upper limit — so minimising it is everything.
5
You have the right to silence — use it
Section 397 of the Police Powers Act protects your right to say nothing. In most cases you should never give a formal police interview before getting legal advice. Talking rarely helps — it often brings harsher charges.
6
The charge can often be negotiated down
A dangerous driving charge can sometimes be negotiated down to careless driving — which carries no mandatory disqualification. Getting the right lawyer in early is often what makes that possible.
Penalties at a glance — first offence
Dangerous driving (basic)
Up to 3 years prison
Misdemeanour · max 200 penalty units (≈$34,540) · min 6 months disqualification · , no upper limit · Magistrates Court · no work
Causing death or GBH / aggravated
Up to 14 years prison
District Court · min 1 year disqualification, no upper limit · prison almost always imposed · intoxicated / speeding / racing forms carry up to 5 years.
Dangerous driving is also a type 1 hooning offence — your vehicle can be impounded for 90 days. A penalty unit is currently $172.70. Whichever charge you face, the first phone call is free.
Pulled over, or charged after a crash? What you do next matters most.
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How serious is the charge you're facing?
There are four dangerous driving charges in Queensland, and they carry very different consequences. Pick the one on your Notice to Appear to see the maximum penalty, the minimum disqualification, and which court will hear it.
There is no work licence for any of them.
Which is why getting the charge negotiated down, or the disqualification minimised, is the whole game — and why you shouldn’t face it without an experienced lawyer.
General guidance only, not legal advice. Confirm your situation with a lawyer on 1300 952 255, free.
Which charge are you facing?
Maximum penalty
3 years imprisonment
Minimum disqualification
6 months
Which court
Magistrates Court
Work licence
Not available
Basic dangerous driving is a misdemeanour — maximum 200 penalty units (about $34,540) or 3 years imprisonment. The disqualification has no upper limit, and prison is possible depending on the circumstances. Negotiating the charge down to careless driving, which carries no disqualification, is often achievable.
This is a charge you should never face without an experienced traffic lawyer — call 1300 952 255 before your court date, free.
Maximum penalty
5 years imprisonment
Minimum disqualification
6 months
Which court
Magistrates Court
Work licence
Not available
Because you were adversely affected by an intoxicating substance, this is charged as a crime — maximum 400 penalty units (about $61,920) or 5 years imprisonment. Even low-range alcohol can qualify. Being affected pushes the penalty up, so how this is argued really matters.
This is a charge you should never face without an experienced traffic lawyer — call 1300 952 255 before your court date, free.
Maximum penalty
5 years imprisonment
Minimum disqualification
6 months
Which court
Magistrates Court
Work licence
Not available
Excessive speeding (40km/h+ over) or taking part in an unlawful race makes this a crime — maximum 400 penalty units (about $61,920) or 5 years imprisonment. It’s also a type 1 hooning offence, so your vehicle can be impounded for 90 days.
This is a charge you should never face without an experienced traffic lawyer — call 1300 952 255 before your court date, free.
Maximum penalty
Up to 14 years imprisonment
Minimum disqualification
1 year
Which court
District Court
Work licence
Not available
Dangerous driving causing death or grievous bodily harm is the most serious form and is finalised in the District Court. Where an aggravating circumstance applies the maximum is 14 years. A prison sentence is almost always imposed — experienced representation is critical from day one.
This is a charge you should never face without an experienced traffic lawyer — call 1300 952 255 before your court date, free.
What we actually do
How we keep you out of prison and on the road
The shortest disqualification, no conviction recorded, the charge negotiated down, and — where prison is on the table — keeping you out of it. Everything below is aimed at that.
We protect your right to silence first
Before anything else — don’t give a police interview until you’ve spoken to us. What you say (or don’t) in the first 48 hours can decide whether you’re charged at all, and with what.
01
We get the brief and look for defences
We obtain the QP9, the forensic crash report and your traffic history — then test the case: was the driving actually dangerous, a sudden mechanical or medical failure, wrong driver, or an emergency? If there’s a defence, we find it.
02
We negotiate with the prosecutor
This is where cases are won. We push to have the charge reduced to careless driving (no mandatory disqualification), the facts made more favourable, or — where the case is weak — the charge withdrawn entirely.
Charge down
03
We build your mitigation early
A QTOP course — it runs over 4 days, and we’re a proud sponsor — a defensive driving course, character references and, where appropriate, an apology to the victim. These are exactly what the court gives credit for.
04
We tailor every word to your result
What we put to the magistrate or judge is built around you — your circumstances, whether it was momentary inattention, your remorse and rehabilitation — and aimed squarely at avoiding prison and keeping the conviction and disqualification to the minimum.
05
Your lawyer stands and speaks for you
In most cases you won’t have to say a word. Your matter is heard early, your lawyer puts your case, and you leave knowing your outcome and next steps — not guessing.
06
Fixed fee, quoted in writing upfront — no hidden charges, and the money stays in trust until you authorise it.