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Drink Driving Penalties in Queensland
Updated on Nov 11, 2022 • 4 min read • 1176 views • Copy Link
Drink Driving Penalties in Queensland
In Queensland if a person is caught drink driving they will be summonsed to appear in the Magistrates Court closest to where the offence was committed. The penalties will be decided by the magistrate and will include a fine or term of imprisonment, and disqualification from driving for a period of time. The severity of the penalty will depend on the person’s breath or blood alcohol concentration at the time of the offence and their past traffic history.
In Queensland there are four BAC levels that apply to drink driving offences. These include the no alcohol limit, the general alcohol limit (0.05 to 0.09), the middle alcohol limit (0.10 to 0.149), and the high alcohol limit (over 0.15). The penalties for drink driving offences are governed by the Transport Operations (Road Use Management) Act 1995.
Immediate licence suspensions
If a driver is caught with a BAC that is less than 0.10 then the police will issue them with an automatic 24-hour licence suspension.
The police also have the power to issue an immediate suspension of their licence that remains in place until the matter is finalised in court. This will apply if the person has:
- committed a low range offence while another drink driving matter is still being finalised;
- been charged with mid or high range drink driving;
- failed to provide breath or blood sample for analysis;
- been charged with dangerous driving in conjunction with a drink driving offence.
First time drink driving penalties
If you have been caught drink driving, and it is your first offence then the maximum suspension periods range from three months to 12 months with maximum fines ranging from $2012 to $4025.
If you are on a learner, probationary or provisional licence then you are on a no alcohol limit. The penalties for breaching the no alcohol limit include a maximum suspension of nine months, a maximum fine of $2012, and a possible term of imprisonment for up to three months.
Any drivers who are caught with a BAC of over 0.05 but under 0.09 has committed a low range offence and can expect to receive a maximum suspension of nine months, a maximum fine of $2012, and if warranted the magistrate may order a term of imprisonment of up to three months.
A mid-range offence occurs when the BAC level is 0.10 to 0.149. The maximum suspension period for a mid-range offence is 12 months, with a maximum fine of $2875, and a possible term of imprisonment of up to six months.
A person whose BAC level is 0.15 or greater has committed a high range offence. The suspension period for a high range offence is at the magistrate’s discretion with no legislated maximum period but will not be less than six months. The maximum fine for a high range offence is $4025, and a term of imprisonment of up to nine months.
While terms of imprisonment are rare for first time drink driving offences the courts do order a jail sentence if they believe the offence warrants a harsher penalty.
Penalties for repeat drink drivers
Repeat drink driving offenders face higher penalties than those described above such as a fine up to $8625, and a suspension period up to two years. If your BAC is higher than 0.15, or you fail to provide a blood or breath sample your vehicle will also be impounded, and possibly confiscated permanently. You will be considered a repeat offender if you have had a previous drink driving offence in the last five years.
Further requirements after suspension period ends
All drink drivers who have had their licence suspended will be required to hold a probationary licence for 12 months. This means they will have a no alcohol limit during this time.
You will also be required to have an interlock device fitted to your car for 12 months if your BAC was 0.15 or greater, if you failed to provide a breath or blood sample, or if you are a repeat drink driver offender. If you decide not to have the interlock fitted, you will be required to serve a further two-year suspension.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Michelle Makela
National Practice Manager
Michelle Makela is a Legal Practice Director at Go To Court Lawyers. She holds a Juris Doctor, a Bachelor of Science (Psychology) and a Master of Criminology. She was admitted to practice in 2006. Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.
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