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DUI & Drink Driving Lawyers Cairns, Brisbane, Gold Coast

DUI and drink driving charges in Queensland

Being charged with DUI or drink driving can be a stressful and uncertain experience. You may be worried about attending court, as well as how a conviction could affect your future and your job, especially if you lose your licence.

The good news is that obtaining legal advice from experienced traffic lawyers early can help you understand your options, protect your rights and put forward the strongest possible case when your matter comes before the court.

Call us if you're facing DUI or drink driving charges

At Osborne Butler Lawyers, we’re experienced in defending all types of DUI and drink driving charges across Queensland. We have offices in central locations in Cairns, Brisbane and Gold Coast and attend court locations across QLD.

We understand how these cases are prosecuted and know how to challenge the evidence, negotiate with prosecutors and build the best defence.

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What is drink driving in Queensland?

In Queensland, drink driving offences are governed by the Transport Operations (Road Use Management) Act 1995 (Qld), which makes it an offence to drive, attempt to drive or be in charge of a motor vehicle while you’re over the legal blood alcohol concentration (BAC) limit or affected by alcohol.

Queensland courts take drink driving offences seriously because of the risk they pose to public safety. If you’re found guilty, penalties can include fines, licence disqualification, participation in the Alcohol Ignition Interlock Program and, in the most serious cases, imprisonment.

That said, there are three types of drink driving under the act, and each is treated differently by the court.

Low-range drink driving

Low-range drink driving generally applies where a driver records a blood alcohol concentration (BAC) between 0.05 and 0.099.

This is the most common drink driving offence in Queensland and often involves otherwise law-abiding motorists who’ve underestimated how much alcohol remains in their system after a night out, social event or a meal involving alcohol.

Although low-range drink driving is considered less serious than mid-range or high-range offences, it is still a criminal offence that can result in significant consequences.

If you’re charged with low-range drink driving, potential penalties include:

A fine
Licence disqualification, or
A recorded conviction.

There is also the risk that you will face increased penalties if you commit a further drink driving offence in the future. However, even a first offence can have a significant impact, especially if you rely on your licence for work or family responsibilities.

Mid-range drink driving

Mid-range drink driving generally applies where a driver records a BAC between 0.10 and 0.149.

Queensland courts regard mid-range drink driving far more seriously than low-range drink driving. That’s because higher BAC readings are linked to a substantially increased risk of accidents, impaired judgement and reduced reaction times.

For this reason, if you’re convicted of mid-range drink driving, you’re likely to face more severe penalties, including longer periods of licence disqualification and a higher fine.

When determining an appropriate penalty for mid-range drink driving, the court may take into account:

Whether the offence occurred during a busy traffic period
Whether passengers were in the vehicle
Whether the driver was involved in a collision, and
Whether the driver has a history of traffic or drink driving offences.

If you record a mid-range reading, it’s vital you get legal advice and representation as soon as you can, especially if any penalty is likely to impact your employment or family responsibilities.

High-range drink driving

High-range drink driving generally applies where a driver records a BAC of 0.15 or higher.

Queensland courts regard high-range drink driving as a serious offence because it indicates an extreme level of intoxication, which substantially increases the risk to public safety.

If you’re convicted of high-range drink driving you may face:

Significant fines
An extended period of having your licence disqualified
Mandatory participation in the Alcohol Ignition Interlock Program, and
Even a far greater likelihood of imprisonment, particularly if you’ve repeatedly been convicted of drink driving.

The higher your BAC reading, the more likely it is that a court will impose a severe penalty. It’s also more likely to come down harshly where a high-range offence is combined with aggravating factors such as dangerous driving, a crash, injuries to other road users or a poor driving record.

What are the BAC limits and who do they apply to?

The blood alcohol concentration (BAC) limits are directly relevant to the offence of drinking driving.

BAC measures the amount of alcohol present in your bloodstream. In Queensland, BAC is usually measured through a roadside breath test, or a subsequent breath analysis conducted by police at a station.

Different BAC limits apply depending on the type of licence you hold and the type of vehicle you’re driving.

Which drivers are subject to a zero BAC limit?

In Queensland, the following drivers must maintain a BAC of 0.00:

Learner licence holders
P1 provisional licence holders
P2 provisional licence holders
Drivers under the age of 25 holding a probationary or restricted licence
Drivers of trucks, buses and other heavy vehicles
Taxi, limousine and rideshare drivers, and
Driving instructors supervising learner drivers.

If you fall into one of these categories, any detectable amount of alcohol can result in a drink driving charge.

Open licence holders

For most open licence holders, the BAC is 0.05.

That means, if you hold an open licence and you record a BAC of 0.05 or higher, you can be charged with drink driving and required to attend court.

How BAC levels affect drink driving charges

In Queensland, drink driving offences are generally divided into three categories:

Low-range drink driving: BAC of 0.05 to 0.099
Mid-range drink driving: BAC of 0.10 to 0.149
High-range drink driving: BAC of 0.15 or higher

As BAC levels increase, so too do the penalties imposed by the courts. Higher readings are more likely to result in longer licence disqualifications, larger fines and mandatory participation in the Alcohol Ignition Interlock Program.

What’s Driving Under the Influence of Alcohol (DUI)?

Many people use the terms “drink driving” and “DUI” interchangeably, but under Queensland law they’re not the same offence.

That’s because, unlike standard drink driving offences, a DUI charge isn’t based on your BAC but instead focuses on whether alcohol or drugs impaired your ability to control the vehicle safely. In fact, you can be charged with driving while under the influence (DUI) under s 79(1) of the Transport Operations (Road Use Management) Act 1995 even where your BAC is below the prescribed alcohol limit.

How do police determine whether you’re under the influence?

In DUI offences, charges are often based on a range of evidence, including:

The manner of driving (i.e. if you were swerving or driving erratically this will be taken into account)
Your appearance, demeanour and behaviour
Whether you were slurring your speech or had difficulty communicating
Whether you had noticeably poor balance or coordination
Witness observations
Any admissions you make, and
The results of breath, blood or drug tests.

Is DUI more serious than drink driving?

Generally speaking, yes.

A DUI charge is often regarded as more serious than a standard low-range drink driving offence because it means that alcohol or drugs had a direct impact on your ability to operate the vehicle safely.

A conviction can result in significant penalties, including substantial periods of licence disqualification and, in the most serious cases, imprisonment.

What are the penalties for drink driving?

In Queensland, the penalties for drink driving vary depending on the nature of the offence, the driver’s blood alcohol concentration (BAC), whether the offence was a first or subsequent offence and the driver’s overall traffic history.

However, even a first offence can sometimes result in consequences that extend well beyond the courtroom.

Licence disqualification

In many cases, a drink driving conviction will result in having your licence disqualified for a period.

How long that disqualification lasts will usually depend on factors such as:

Your BAC reading
Whether the offence involved drugs as well as alcohol
Whether you have prior drink driving convictions, and
Whether there were any other aggravating circumstances, such as a traffic accident, a particularly high BAC reading, carrying passengers or driving while already disqualified.

The disqualification periods for a first drink driving offence are as follows.

BAC reading	Licence type	Minimum disqualification period	Maximum disqualification period
Over 0.00 but under 0.05	Leaner, probationary, provisional	Three months	Nine months
Over 0.00 but under 0.05	Other zero limit licence holders	One month	Nine months
Over 0.05 but under 0.10	All licences	One month	Nine months
Over 0.10 but under 0.15	All licences	Three months	12 months
Over 0.15	All licences	Six months	No maximum

For many people, losing a driver’s licence can have a greater impact than any fine, particularly if you need to drive for work, family responsibilities or business activities.

Fines

Queensland courts can also impose substantial fines for drink driving offences.

Generally speaking, the higher the BAC reading and the more serious the offending, the greater the financial penalty is likely to be.

The maximum fines that a court can impose for drink driving in Queensland are as follows.

Offence	Maximum penalty
Low-range drink driving (including zero limit drivers who register between 0.00 and 0.05)	$2,418
Mid-range drink driving	$3,454
High-range drink driving	$4,836

When setting an appropriate fine, the court will also consider factors such as:

Whether you have previous drink driving convictions
The circumstances of the offence
Whether there was an accident
Your personal circumstances and criminal history.

Imprisonment

While not every drink driving offence results in a custodial sentence, imprisonment remains a possibility, especially in more serious cases.

The risk of imprisonment increases if:

Your BAC reading is particularly high
You have prior drink driving convictions
You were also driving dangerously
You were involved in an accident that caused injury or significant property damage, or
You were already disqualified from driving.

The maximum prison sentence for drink driving offences in Queensland depends on your BAC.

Offence	Maximum prison sentence
Low-range drink driving (including zero limit drivers who register between 0.00 and 0.05)	Three months
Mid-range drink driving (BAC between 0.10-0.15)	Six months
High-range drink driving (BAC over 0.15)	12 months

Repeat offenders are significantly more likely to be sentenced to imprisonment than first-time offenders.

Mandatory education programs

Under Part 3A of the Transport Operations (Road Use Management) Act 1995, all drink driving offenders must complete an approved education program before their licence can be restored.

Which program applies depends on your offending history:

First offenders are required to complete the “Plan. Survive. Drive. Foundations course”. This online program takes approximately one hour.
Repeat offenders (i.e those with two or more drink driving convictions( are required to complete the more intensive “Plan. Survive. Drive. Comprehensive course”. This involves six sessions of two hours each.

Completing the correct driver education program is a mandatory condition of having your licence restored.

Criminal record consequences

A drink driving conviction can have consequences beyond any immediate court penalty.

Depending on the circumstances, it can also genuinely impact:

Both your current employment and future job opportunities
Professional licences and registrations
Security clearances
Insurance premiums, and
Future court proceedings involving traffic offences

For that reason, if you’re charged with a drink driving offence, you should always seek legal advice before your first court appearance.

Work licences and special hardship orders

In some circumstances, you may be eligible to apply for a restricted work licence or a special hardship order even after you’ve been found guilty of drink driving. However, any application will be subject to strict eligibility requirements and won’t be available for every offence.

If your application is successful, you may be allowed to continue driving for work or other essential purposes despite having your licence suspended or being disqualified from driving.

Whether you qualify for a work licence of special hardship order will depend on factors including the nature of your offence, your licence history and your individual circumstances.

If you want to apply for a work licence or special hardship order, there are strict time limits, so you should speak with a lawyer as soon as possible.

What constitutes a repeat drink driving offence in Queensland?

Under section 79 of the Transport Operations (Road Use Management) Act 1995 (Qld), a drink driving offence is treated as a repeat offence if you’ve been previously convicted of drink driving or a related traffic offence in the past five years.

Queensland courts take repeat drink driving offending seriously. The legislation is specifically designed to make sure that penalties escalate with each subsequent offence. In the most serious cases, imprisonment becomes mandatory.

What are the penalties for repeat drink driving?

The way penalties escalate depends on the nature of your previous offence and how recent it was.

If your current offence is low-range, mid-range or drug driving

Prior conviction history (within past five years)	Maximum fine	Maximum imprisonment
No prior convictions – low range	$2,418	Three months
No prior convictions – mid-range or drug driving	$3,454	Six months
One prior low/mid-range or drug driving conviction	$3,454	Six months
Two prior low/mid-range or drug driving convictions	$4,836	Nine months
One prior DUI conviction, or one prior conviction for dangerous driving (under s 328A of the Criminal Code) or an indictable driving offence	$5,181	12 months
One prior low/mid-range conviction plus one prior DUI, dangerous driving or indictable driving conviction	$10,362	18 months

If your current offence is DUI

Prior conviction history (within past five years)	Maximum fine	Maximum imprisonment
No prior convictions	$4,836	Nine months
One prior low/mid-range or drug driving conviction	$5,181	12 months
Two prior low/mid-range or drug driving convictions	$10,362	18 months
One prior DUI conviction, or one prior conviction for dangerous driving (under s 328A of the Criminal Code) or an indictable driving offence	$10,362	18 months
Two or more prior convictions involving any combination of DUI, indictable driving or s 328A dangerous driving	No additional maximum fine	Mandatory imprisonment

Other penalties and requirements for repeat drink driving offenders

Repeat offenders need to undertake the comprehensive “Plan. Drive. Survive.” course, which includes six sessions of two hours each.

All high-range and DUI offenders, and all repeat offenders, are also required to participate in the Alcohol Ignition Interlock Program before they can drive unrestricted again.

Mandatory imprisonment for repeat DUI offences

Where you’re charged with DUI and have more than one prior conviction in the past five years for a relevant offence (in any combination), s 79(1C) of the Transport Operations (Road Use Management) Act 1995 compels the court to impose imprisonment as part of your sentence.

Relevant offences include:

DUI
indictable driving offences, and
dangerous driving under s 328A of the Criminal Code.

What does the court consider when imposing a penalty on a repeat offender?

When considering the appropriate penalty for a repeat offender, the court may consider:

The number of prior drink driving convictions
How recently those offences occurred
The BAC readings involved
Whether the offender has previously completed licence disqualification periods or interlock requirements
The offender’s overall traffic and criminal history

However, generally a repeat offender is more likely to face:

Longer licence disqualification periods
Higher fines
Mandatory participation in the Alcohol Ignition Interlock Program
A greater likelihood of imprisonment

If you have previously been convicted of drink driving and have been charged again, obtaining legal advice early is particularly important.

What is the alcohol interlock system, and how can a lawyer help?

The Alcohol Ignition Interlock Program is a Queensland Government program that requires certain drink driving offenders to have an alcohol ignition interlock device installed in any motor vehicle they drive.

An alcohol ignition interlock is a breathalyser fitted to a vehicle’s ignition system. Before the vehicle can be started, the driver must provide a breath sample that registers a BAC of zero. If any alcohol is detected, the vehicle won’t start.

Who’s required to participate in the interlock program?

You’ll generally be required to in the Alcohol Ignition Interlock program if you’re convicted of:

High-range drink driving (i.e. a BAC of 0.15 or above)
DUI under section 79(1) of the Transport Operations (Road Use Management) Act 1995
A repeat drink driving offence, or
You commit certain other serious drink driving-related offences.

The interlock requirement applies for a set period after your licence disqualification ends. Until you complete that period, won’t be eligible for an unrestricted licence.

How long does the interlock requirement last?

The length of the interlock period depends on the nature of your offence and whether you have any prior drink driving convictions. First-time high-range offenders are typically subject to a shorter period than repeat offenders or those convicted of DUI.

What happens if you drive without an interlock?

Driving a motor vehicle that’s not fitted with a required interlock device is an offence. If you’re convicted of this, you’ll receive both a fine and an automatic extension of your interlock period. It can also result in further disqualification.

How can a lawyer help with interlock requirements?

If the interlock requirement applies to you, it’s important to understand your obligations clearly to avoid inadvertently committing a further offence.

An experienced traffic lawyer can help you:

Understand whether the interlock program applies to your situation
Advise you on the interlock period and any exemptions that may be available to you
Ensure you’re taking the right steps to have your licence restored as quickly as possible after serving your disqualification
Advise you on your options if you can’t access or afford an interlock device.

Understanding your rights during a roadside breath test

In Queensland, police have broad powers to conduct roadside breath tests for alcohol, so it’s important you understand both your rights and your obligations.

1. Can police conduct a breath test without cause?

Yes. Under Queensland law, police officers can conduct a random roadside breath test even when they have no reason to suspect you’ve been drinking. You also don’t need to have committed any traffic offence or driven in any particular way to be tested.

2. Do you have to comply with a breath test?

Yes. If a police officer requires you to undergo a breath test, you’re legally obliged to comply. Refusing or failing to provide a sufficient breath sample without a reasonable excuse is itself an offence under the Transport Operations (Road Use Management) Act 1995 that can result in significant penalties.

3. What happens if you fail a roadside breath test?

If a roadside breath test indicates that your BAC may be at or above the relevant limit, police will generally ask you to undergo a further breath analysis at a police station or using a roadside breath analysis device. The result of that analysis is typically the evidence they will use to support any drink driving charge, rather than the initial breath test.

4. Can you request a blood test?

In some circumstances, you may be entitled to request a blood test to verify or challenge the result of a breath analysis. However, time limits apply, so if you want to explore this option, you should seek legal advice as soon as you can.

5. What should you say to police if they ask you to undertake a breath test?

You’re generally not required to answer questions beyond providing your name and address. While it is important to be cooperative and polite, you should be aware that anything you say can be used in evidence against you.

Remember, you have the right to speak with a lawyer before answering questions and, in most circumstances, it’s wise to do so.

What should you do if you’re charged with drink driving?

If you’ve been charged with drink driving, the steps you take in the hours and days that follow can have a real impact on the outcome of your matter.

1. Seek legal advice as soon as possible

Early legal advice can make a significant difference, particularly where your licence is at risk.

An experienced traffic lawyer can:

Explain the charge and penalties you’re facing
Advise whether you should plead guilty or contest the charge
Help you apply for a work licence or special hardship order, where available
Prepare the documents and evidence that will help you reach the most favourable outcome.

2. Don’t ignore the notice or court date

Drink driving matters often move quickly. And, if you fail to respond to a notice or attend court, the matter can be dealt with in your absence. This may result in fines, a recorded conviction, immediate licence suspension or disqualification.

3. Check whether your licence has already been suspended

In some cases, your licence may be immediately suspended by Queensland Police or Transport and Main Roads. It’s important to confirm your licence status before driving, as driving while suspended or disqualified is a separate and more serious offence.

4. Prepare for court properly

If your matter is going to court, proper preparation can make a genuine difference. This often includes:

Gathering character references
Providing evidence of your need for a licence (for work or family reasons)
Demonstrating steps taken to address the issue, such as completing a driver education course or rehabilitation program.

5. Avoid committing further offences

Committing another offence before your matter is resolved can significantly affect its outcome. Courts take repeat conduct seriously, particularly in drink driving and DUI matters. A further offence, even a minor one, can result in a substantially worse outcome than you might otherwise have faced.

When should you contact a traffic lawyer if you’re charged with DUI or drink driving?

If your licence matters to you, it’s worth getting speaking with a lawyer early.

You should seek legal advice as soon as you become aware of a traffic issue that may affect your licence or result in a court appearance.

This includes situations where:

You’ve been charged with drink driving or DUI
Police have suspended your licence or issued a notice
You’re at risk of losing your licence due to demerit points
You’ve been caught drug driving
You have a court date approaching and are unsure how to respond

Even if the offence seems minor, early legal advice can help you understand your options and avoid mistakes that may affect the outcome.

Call Osborne Butler for clear, confidential advice

Drink driving offences can have immediate consequences, particularly where your licence, work or day-to-day life is affected.

Whether you’ve been charged, issued with a notice or are at risk of losing your licence, getting clear legal advice early can make a real difference to the outcome.

At Osborne Butler, our Queensland traffic lawyers provide practical, straightforward advice and strong representation at every stage: from initial police contact through to court proceedings.

Frequently asked questions about drink driving in Queensland

What happens if I’m caught drink driving in Queensland?

If you’re charged with drink driving, your licence may be immediately suspended and you will usually be required to attend court.

Penalties depend on your blood alcohol concentration (BAC) and can include fines, licence disqualification and, in more serious cases, imprisonment.

Can you be charged with DUI if your BAC is below 0.05?

Potentially, yes. Unlike low-range, mid-range and high-range drink driving offences, a DUI charge doesn’t depend solely on whether your BAC exceeded the legal limit.

If police believe alcohol or drugs impaired your ability to drive safely, they may allege you were under the influence even where your BAC was below the prescribed alcohol limit.

That said, it is generally more difficult for prosecutors to prove you were DUI and it can involve complex factual issues and police observations. For this reason, it’s vital that you obtain legal advice as early as possible.

What are the penalties for repeat drink driving offences in Queensland?

Penalties for repeat drink driving offences in Queensland escalate significantly under section 79 of the Transport Operations (Road Use Management) Act 1995.

The exact penalties that apply depend on the nature of your prior convictions, how recent they were and the BAC reading involved in your current offence. In general terms, a second offence within five years of the original one will attract a higher maximum fine and a longer potential term of imprisonment than a first offence.

In the most serious cases (i.e where a driver has multiple relevant prior convictions and is convicted of DUI or high-range drink driving) Queensland law requires the court to impose a prison sentence. This mandatory requirement removes the court’s discretion entirely.

If you have any prior drink driving convictions, it’s especially important that you seek legal advice as early as possible so you understand exactly what you’re facing.

Do I have to complete the Alcohol Ignition Interlock Program?

Participating in the interlock program is mandatory for certain offenders, including those convicted of high-range drink driving (i.e. a BAC of 0.15 or above), DUI or repeat drink driving offences.

If you need to participate in the program, you won’t be eligible to obtain an unrestricted licence until you’ve completed your interlock period. Driving without a required interlock is itself a separate offence.

A traffic lawyer can advise you on whether the program applies in your circumstances, as well as how long your interlock period is likely to be and what steps you’ll need to take to restore your licence.

How far back do Queensland courts look at prior drink driving convictions?

Queensland courts apply a five-year look-back period when sentencing for drink driving offences. This means that any relevant conviction recorded within the five years before your current conviction can significantly increase the penalties you receive, including higher maximum fines, longer imprisonment terms and – in the most serious cases – mandatory imprisonment.

The five years is measured from the date of your prior conviction to the date of your current conviction, not the date of the offence.

Can I get a work licence if I am a repeat drink driving offender?

Not in most cases. A work licence (formally known as a restricted licence) is generally only available to first-time offenders charged with low-range or mid-range drink driving. It’s not available to offenders charged with high-range drink driving or DUI, nor is it generally available to repeat offenders.

If you have prior drink driving convictions and are facing a further charge, you should seek legal advice as early as possible to understand what options are available to you. In some circumstances, a special hardship order may be an alternative worth exploring, depending on the nature of your offending and licence history.

Will my licence be suspended immediately when I am charged with drink driving?

In many cases, yes. If you record a BAC of 0.10 or above, or you’re charged with DUI, your licence will generally be suspended immediately at the roadside. That suspension remains in place until your matter is finalised in court.

For lower-range offences, a 24-hour suspension applies from the time your BAC is confirmed.

If your licence has been immediately suspended, it’s important to confirm your status before you drive again. Driving while suspended is a separate and more serious offence that carries its own penalties, including further disqualification.

What is the Alcohol Ignition Interlock Program?

The Alcohol Ignition Interlock Program requires certain drink driving offenders to have a breathalyser device fitted to their vehicle’s ignition system. The vehicle can’t be started unless the driver provides a breath sample that registers a BAC of zero.

Participating in the program is mandatory for offenders convicted of high-range drink driving, DUI or certain repeat drink driving offences. The interlock must remain fitted for a set period after your licence disqualification ends. Until you complete that period, you’re not eligible to obtain an unrestricted licence.

Driving a vehicle without a required interlock fitted is a separate offence under and results in a fine and an automatic extension of your interlock period.

Do I have to complete a drink driving education program?

Yes, Queensland law requires all drink driving offenders to complete an approved education program before their licence can be restored after a disqualification, regardless of the nature of the offence.

Which program applies depends on your history. First offenders are required to complete the “Plan. Survive. Drive. Foundations course”, an online program of approximately one hour. Repeat offenders (i.e. those with two or more relevant drink driving convictions) must complete the more intensive “Plan. Survive. Drive. Comprehensive course”, which involves six sessions of two hours each.

You won’t have your licence reinstated at the end of your disqualification period unless you’ve satisfied this requirement, nor will you be able to progress to the Alcohol Ignition Interlock Program.

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If you’ve been charged with drink driving or DUI or are at risk of losing your licence in Queensland, contact Osborne Butler Lawyers today for clear advice and experienced legal representation.

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