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Licence Suspension Lawyers Cairns, Brisbane, Gold Coast

Lawyers for licence suspension in Queensland

Having your driver licence suspended can cause immediate problems for your work, family and everyday life.

In Queensland, your licence can be suspended for several reasons, including accumulating too many demerit points, committing a high-speed offence, failing to deal with unpaid fines, being medically unfit to drive or being charged with certain drink or drug driving offences.

But not every suspension works in the same way. In some circumstances, you may be able to challenge the decision that led to your suspension or even keep driving (with certain restrictions).

That’s why it’s important to understand why your licence has been suspended, how long the suspension will last and what steps you may be able to take next.

This guide explains licence suspensions in Queensland, including the different reasons a licence can be suspended, the consequences of suspension, your rights and how an experienced traffic lawyer can help.

Call us if you're facing licence suspension charges

At Osborne Butler Lawyers, we’re experienced in defending all types of licence suspension 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 are the reasons a licence can be suspended?

In Queensland, there are several reasons your driver licence can be suspended.

Demerit point suspensions

Your licence can be suspended if you accumulate too many demerit points within a particular period of time (known legally as the “relevant period”). However, your point limit and relevant period will depend on the type of licence you hold.

Licence type	Demerit point limit	Relevant period
Learner licence	4 or more points	12 months
P1, P2, provisional or probationary licence	4 or more points	12 months
Open licence	12 or more points	3 years

What happens when you reach your demerit point limit?

That depends on the type of licence you hold.

Learner drivers generally face a three-month suspension. P1, P2, provisional and probationary drivers can often choose between a three-month suspension and a 12-month good driving behaviour period.

Open licence holders are usually offered the opportunity to undertake a good driving behaviour period instead of having their licence suspended. If you choose a good driving behaviour period and accumulate two or more demerit points during it, your licence will be suspended for twice the original suspension period.

High-speed licence suspensions

Exceeding the speed limit by more than 40km/h can result in a six-month licence suspension. The suspension will generally take effect after:

you’re convicted of the speeding offence
you pay the infringement notice
the matter is dealt with by a court, or
the infringement is referred to SPER.

Driving more than 40km/h over the speed limit also attracts eight demerit points, which can create separate consequences under the demerit point system.

Suspensions for unpaid fines

The State Penalties Enforcement Registry (SPER) can suspend your driver licence if you fail to deal with unpaid fines or other enforceable debts.

A SPER suspension is different from a suspension imposed due to a driving offence.

Depending on the circumstances, you may be able to have the suspension lifted by paying the outstanding debt or making an acceptable arrangement with SPER.

However, you mustn’t drive while a SPER suspension remains in force.

Medical licence suspensions

The Department of Transport and Main Roads can suspend or cancel your licence if it determines that a medical condition makes you unfit to drive safely. However, depending on the medical evidence, you may be permitted to continue driving without restrictions or under particular licence conditions.

If you disagree with the decision, you may be able to seek a review or have the suspension or cancellation redetermined by providing further medical evidence about your fitness to drive.

Immediate suspensions for drink driving or drug driving

Your licence can be automatically suspended for certain drink driving or drug driving offences.

For drink driving, you’ll generally receive an automatic 24-hour licence suspension if you’re charged with being over the prescribed blood alcohol limit but have a BAC below 0.10.

If your BAC is 0.10 or higher, or you are charged with certain repeat drink driving offences, your licence can be suspended immediately. The same applies if you fail to provide a required breath or blood specimen. The suspension generally continues until the charge is dealt with by a court, withdrawn or otherwise discontinued.

Drug driving works slightly differently. A positive roadside drug test usually leads to a 24-hour suspension.

If you’re then charged only with driving with a relevant drug present and have no other pending drug-driving charges, you can generally resume driving once the 24-hour suspension ends, while the charge is dealt with.

However, if you’re charged with driving under the influence of a drug, or in certain repeat or pending-charge situations, your licence can be suspended immediately until the charge is dealt with.

In some cases, you may be able to apply to the Magistrates Court for an order allowing you to drive in the meantime.

What types of licence suspensions are there?

Licence suspensions in Queensland can operate in several different ways. Some start automatically, some take effect immediately, some last for a fixed period, while others continue until you take certain action.

1. Automatic suspensions

Some suspensions happen automatically once a particular event occurs, e.g. when you commit a high-speed offence, accumulate too many demerit points or are charged with certain serious drink or drug driving offences.

The suspension period will depend on the type of offence and the rules that apply to your licence.

2. Immediate suspensions

An immediate suspension usually starts as soon as you’re charged or given notice of the suspension. These most commonly arise in more serious drink and drug driving matters, including some high-range or repeat offences.

Depending on the offence, the suspension can continue until the charge is dealt with by a court, withdrawn or otherwise discontinued. In some cases, you may be able to apply for a court order allowing you to drive in the meantime.

3. Fixed-term suspensions

Some suspensions last for a set period. For example, driving more than 40km/h over the speed limit results in a six-month licence suspension. Demerit-point suspensions also generally apply for a defined period, depending on your licence type and circumstances.

4. Suspensions that remain in place until you take action

Other suspensions don’t necessarily end simply because a particular amount of time has passed.

For example, a SPER suspension can remain in place while an unpaid enforcement debt is outstanding, while a medical suspension may continue until Transport and Main Roads is satisfied that you are fit to drive again.

5. Suspensions where restricted driving may be available

In some cases, being suspended doesn’t necessarily mean you’ll be unable to drive at all.

If your licence has been suspended because you accumulated two or more demerit points during a good driving behaviour period, or because you drove more than 40km/h over the speed limit, you may be eligible to apply for a special hardship order.

A special hardship order can allow you to keep driving under strict conditions if losing your licence would cause extreme financial hardship or severe and unusual hardship to you or your family.

Once a court-stamped application for a special hardship order is lodged with TMR, the suspension is lifted until the day before the hearing. Queensland also says you must not drive until that stamped application has been given to TMR.

What are the penalties or consequences of having your licence suspended?

The penalty depends on why your licence was suspended.

Some suspensions apply for a fixed period. Others remain in force until you take action, such as paying an outstanding SPER debt or providing medical evidence that you are fit to drive.

Common examples include:

Reason for suspension	Typical consequence
Too many demerit points	Suspension period depends on your licence type and circumstances
Driving more than 40km/h over the speed limit	6-month licence suspension, plus 8 demerit points
Certain drink or drug driving charges	Immediate suspension, which may continue until the charge is dealt with
Unpaid SPER debt	Suspension can remain in place until the debt is dealt with
Medical grounds	Suspension can continue until Transport and Main Roads is satisfied you are fit to drive

A demerit point suspension may last for several months depending on the type of licence you hold and whether you choose (or are eligible for) a good driving behaviour period instead.

Immediate drink or drug driving suspensions work differently again. In some cases, the suspension continues until the charge is dealt with by the court, withdrawn or otherwise discontinued.

What is a repeat licence suspension in Queensland?

“Repeat licence suspension” isn’t a separate legal category in Queensland. However, in practical terms, it generally means your licence has been suspended more than once, either for the same reason or for different reasons over time.

For example, you may have previously had your licence suspended for accumulating too many demerit points and later face another suspension for a high-speed offence, further demerit points, or drink or drug driving.

If the new suspension arises because you committed an offence while you were already suspended, the consequences can be much more serious.

You could be charged with separate offences

If you’re caught driving while your licence is suspended, you can be charged with unlicensed driving.

If you’re convicted, the court must disqualify you from holding or obtaining a driver licence for between one and six months. You may also receive a fine or, in serious cases, face imprisonment for up to one year.

That new disqualification is separate from the original suspension and can leave you off the road for considerably longer.

You may face a longer period off the road

Some suspensions can also interact with other penalties.

For example, driving more than 40km/h over the speed limit carries a six-month suspension as well as eight demerit points. Those points are added to your traffic history and can lead to further consequences under Queensland’s demerit point system, including the possibility of a further suspension.

Separate court-ordered disqualification periods often have to be served one after another rather than at the same time. That’s particularly true for repeat drink or drug driving offences and some unlicensed-driving situations.

That’s why it is important to find out quickly whether you have any right to challenge the suspension or apply for an order allowing you to keep driving under restricted conditions.

Understanding your rights if your licence has been suspended

If your licence has been suspended, your options will depend on why the suspension happened.

In some cases, you may have the right to challenge the decision. In others, you may be able to apply for an order that allows you to keep driving under strict conditions.

You may be able to apply for a special hardship order

A special hardship order may be available if your licence has been suspended because you:

accumulated two or more demerit points while on a good driving behaviour period, or
were caught driving more than 40km/h over the speed limit.

If granted, the order can allow you to drive for specific purposes or at specific times while the suspension would otherwise be in force.

You may be able to seek a court order that lets you continue driving

If your licence has been immediately suspended because of certain drink or drug driving charges, you may be able to apply to the Magistrates Court for an order allowing you to drive while you wait for the charge to be dealt with.

Whether you’re eligible depends on the charge and your circumstances.

You may be able to challenge a medical suspension

If Transport and Main Roads suspends or cancels your licence because of concerns about your medical fitness to drive, you may be able to provide further medical evidence or seek a review of the decision.

You have the right to know why your licence was suspended

Before deciding what to do next, it’s important to identify:

the exact reason your licence was suspended
when the suspension started
how long it will last, and
whether you have the right to a review or court application.

The rules vary significantly depending on the type of suspension, so getting advice early can help you avoid missing a deadline or driving when you are not legally entitled to do so.

What should you do if your licence has been suspended?

If your licence has been suspended, the first thing to do is find out exactly why it was suspended and when the suspension starts.

The steps you should take will depend on the type of suspension.

1. Check the suspension notice

Read any notice from Transport and Main Roads, SPER or police carefully.

It should tell you why your licence has been suspended, when the suspension begins, how long it lasts and whether you have any right to challenge the decision or apply for permission to keep driving.

2. Stop driving if the suspension has started

Once your suspension is in force, you mustn’t drive unless you have a valid court order or other legal authority allowing you to do so.

Driving while suspended can expose you to a separate unlicensed driving charge and potentially keep you off the road for even longer.

3. Check whether you can challenge the suspension or apply to keep driving

Depending on the reason for the suspension, you may be able to:

apply for a special hardship order
seek a court order allowing you to drive while an immediate suspension is in place
challenge or seek review of a medical licensing decision
deal with an outstanding SPER debt so the suspension can be lifted.

Some applications have strict time limits, so it is important not to leave this until the end of the suspension period.

4. Gather any relevant documents you need

If you intend to challenge the suspension or apply for restricted driving, start gathering evidence early.

Depending on the application, this might include documents showing how losing your licence will affect you, such as:

employment records
information about your income and expenses
evidence of family or caring responsibilities, or
medical reports.

5. Get legal advice early

If you’re unsure why your licence has been suspended, whether you can keep driving or what options are available, speak to a traffic lawyer as soon as possible.

Getting advice early can help you avoid missing an important deadline or making the situation worse by driving when you are not legally entitled to.

When should you contact a lawyer if your licence has been suspended?

You should consider speaking to a traffic lawyer as soon as possible if you’re unsure why your licence has been suspended, how long the suspension will last or whether you have any option to keep driving.

It can be especially important to get legal advice if:

you rely on your licence for work or to run a business
losing your licence will affect your ability to care for children or family members
you’ve been immediately suspended for a drink driving or drug driving charge
you want to apply for a special hardship order
you’ve been caught driving while already suspended
you’re facing more than one suspension or disqualification
you believe the suspension has been imposed incorrectly
you’re dealing with a medical suspension and want to challenge or review the decision.

A lawyer can also tell you whether it is worth challenging the suspension, what evidence you’ll need and what risks you face if you continue driving.

Some applications and appeals are subject to strict time limits, so getting advice early can make a real difference.

How can a licence suspension lawyer help if your licence has been suspended?

A Queensland traffic lawyer can help you understand why your licence has been suspended, what the suspension means and whether you have any options to challenge it or keep driving.

Depending on the circumstances, a lawyer may be able to help you:

work out exactly what type of suspension applies and how long it will last
advise whether you’re eligible for a special hardship order
help you apply for a court order allowing you to drive while an immediate suspension is in place
challenge or seek review of a medical suspension
advise you about the consequences of driving while suspended
represent you in court if you’ve been charged with an offence connected with the suspension
gather and prepare the evidence needed to support any application
explain how multiple suspensions or disqualifications interact.

A lawyer can also help you avoid making the situation worse. For example, they can tell you whether you’re legally allowed to drive while an application is pending and what deadlines you need to meet.

Generally, the sooner you get advice, the more options you may have.

Has your licence been suspended in Queensland?

If your licence has been suspended in Queensland, getting clear advice early can make a significant difference.

Osborne Butler can help you understand why your licence has been suspended, whether you can challenge it and whether you may be able to keep driving under restricted conditions.

Contact our traffic law team today to discuss your situation.

Frequently asked questions about licence suspension in Queensland

How long does a licence suspension last in Queensland?

It depends on why your licence was suspended.

Some suspensions last for a fixed period. For example, driving more than 40km/h over the speed limit can result in a six-month suspension. Demerit point suspensions also apply for set periods depending on your licence type and circumstances.

Other suspensions can continue until something changes, such as dealing with an unpaid SPER debt or satisfying Transport and Main Roads that you’re medically fit to drive.

Can I drive while my licence is suspended?

Usually, no.

Once a suspension is in force, you mustn’t drive unless you have a valid court order or other legal authority allowing you to do so.

Driving while suspended can lead to a separate unlicensed driving charge and may result in further disqualification.

Can I appeal a licence suspension in Queensland?

Sometimes. Your right to challenge a suspension depends on why it was imposed. You may be able to seek review of a medical suspension, apply for a special hardship order or apply for a court order allowing you to drive while certain immediate suspensions are in place.

Not every suspension can be appealed in the same way.

What is a special hardship order?

A special hardship order is a court order that lets you keep driving under strict conditions even though your licence is suspended.

You may be able to apply for a special hardship order if you’ve been suspended for driving more than 40km/h over the speed limit or for accumulating too many demerit points during a good driving behaviour period. However, you must meet strict eligibility requirements and show that losing your licence would cause extreme financial hardship or severe and unusual hardship.

Can I get a work licence if my licence has been suspended?

Not necessarily.

A work licence is only available in limited circumstances, usually in connection with certain drink driving offences.

If your suspension is for demerit points or a high-speed offence, a special hardship order may be the more relevant option.

What happens if I drive while suspended?

You can be charged with unlicensed driving.

If convicted, you may face a further court-ordered disqualification, a substantial fine and, in serious cases, imprisonment.

This can leave you off the road for much longer than the original suspension.

Can SPER suspend my licence for unpaid fines?

Yes. SPER can suspend your driver licence if you have unpaid enforcement debts and fail to deal with them.

Depending on your circumstances, the suspension may be lifted once you pay the debt or enter into an acceptable arrangement with SPER.

Can my licence be suspended for medical reasons?

Yes. Transport and Main Roads can suspend or cancel your licence if it considers you medically unfit to drive safely.

You may be able to provide further medical evidence or seek review of the decision.

Do I need a lawyer for a licence suspension?

Not always, but you should get legal advice if you’re unsure why your licence has been suspended, want to challenge it, need to apply for permission to keep driving or have been caught driving while suspended.

A traffic lawyer can also help you understand any deadlines and what evidence you may need.

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If you’ve been charged with a license suspension in Queensland contact Osborne Butler Lawyers today for clear advice and experienced legal representation.

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