Queensland Traffic Law FAQs

If you've been charged with drink driving or drug driving for the first time, you likely have dozens of questions. Understanding the Queensland legal system, court procedures, penalties, and your rights can be overwhelming—but it's absolutely critical to your case outcome.

This comprehensive FAQ guide answers the 50 most important questions people ask when facing DUI, drink driving, or drug driving charges in Queensland. From what happens immediately after being charged, to court procedures, work licence applications, penalties, and appeal options—everything you need to know is here.

Why review these FAQs? Because the decisions you make in the days and weeks after being charged can dramatically affect your licence, your record, and your future. Knowing your options for restricted work licences, understanding when to apply, how to prepare character references, and what to expect at sentencing can mean the difference between keeping your job or losing it, between a recorded conviction or a clean record.

Don't go to court unprepared. Read these FAQs, then get legal advice early.

1. What happens after I'm charged with drink driving or drug driving in Queensland? ▾

You'll be given a Notice to Appear which lists a date, time, and court location. You must attend your local Magistrates Court on that date. If you don't, the court can issue a warrant for your arrest.

2. Do I lose my licence straight away? ▾

It depends on the charge and your reading. Low-range: you usually keep your licence until your court date after a 24 hours suspension. Mid or high-range, or drug driving (under the influence): your licence is usually immediately suspended.

3. Can I keep driving before my court date? ▾

If your licence has not been immediately suspended, yes. But check the paperwork — if it says "immediate suspension", do not drive.

4. What's considered "low", "mid", and "high" range in Queensland? ▾

Low range: 0.05 – 0.099, Mid range: 0.10 – 0.149, High range: 0.150 or higher

5. What are the penalties for drink driving? ▾

Penalties vary by range and your history. Expect a fine, licence disqualification, and possibly a conviction. High-range or repeat offenders risk jail time.

6. Will I go to jail for my first drink driving offence? ▾

Unlikely, unless it's a very high reading or a serious crash. Most first offenders receive a fine and a disqualification period.

7. What if I need my licence for work? ▾

You might qualify for a restricted work licence — it lets you drive for work only. You must apply at your sentencing date and show genuine financial hardship.

8. How do I apply for a restricted work licence? ▾

You need to prepare: Your affidavit explaining your hardship, and an employer's affidavit confirming you must drive for work. These are filed in court before or on your sentencing date.

9. Can I apply for a work licence after I'm sentenced? ▾

No — you only get one opportunity to apply at the time of sentencing.

10. Can self-employed people apply? ▾

Yes. You must prove that driving is essential to run your business and that you'll suffer serious financial hardship without it.

11. What happens at my first court appearance (the "mention")? ▾

The Magistrate confirms your identity, explains the charge, and asks if you plead guilty or not guilty. If you plead guilty and are ready, sentencing may happen that day.

12. What if I'm not ready to plead? ▾

You or your lawyer can ask for an adjournment to prepare — for example, to gather character references, complete a traffic offenders' program, or prepare work licence affidavits.

13. Do I need a lawyer? ▾

It's optional, but highly recommended. A lawyer can help reduce your disqualification, get a conviction not recorded, or apply for a work licence correctly.

14. What is a QP9? ▾

It's the police summary of your case — it lists the facts, your reading, your traffic history, and any statements you made. The Magistrate relies on this at sentencing.

15. Can I see my QP9 before court? ▾

Yes. You (or your lawyer) can request it from the police prosecutions office before your first mention.

16. What's the minimum disqualification period for drink driving? ▾

It depends on your reading and history. Low range (first offence): 1 to 9 months, Mid range: 3 to 12 months, High range: 6 months to several years

17. Will I get a criminal conviction? ▾

Possibly. The Magistrate decides whether to record a conviction. It can affect job applications, travel visas, and professional licences.

18. What's the difference between "conviction recorded" and "not recorded"? ▾

If recorded, it appears on your history. If not recorded, it's still a legal finding, but it won't appear on standard background checks.

19. Can I get a no-conviction outcome? ▾

Yes, if your lawyer persuades the Magistrate that recording a conviction would hurt your employment or future prospects.

20. What if I was over the limit but felt fine to drive? ▾

That doesn't matter. The law is based purely on your blood alcohol concentration, not how you felt.

21. What's drug driving? ▾

It means driving with a relevant drug present in your system — usually cannabis, cocaine, MDMA, or methylamphetamine.

22. How do police test for drugs? ▾

With a saliva swab roadside. If positive, they send a second sample for lab testing. If confirmed, you'll get a Notice to Appear.

23. Can prescription medication cause a drug driving charge? ▾

Yes, if it affects your driving ability or contains a controlled drug. Always check your prescription warnings.

24. Can I be charged for driving the next day? ▾

Yes. Alcohol or drugs can still be in your system hours later — "the next morning" charges are very common.

25. What if I'm caught driving while suspended? ▾

That's a serious offence. The Magistrate can fine you heavily or even send you to jail for repeat offences.

26. What's a Special Hardship Order (SHO)? ▾

If your licence is suspended due to too many demerit points or excessive speed, you may apply for a Special Hardship Order to keep driving for work or family needs.

27. Is a Special Hardship Order the same as a Work Licence? ▾

No — an SHO is for demerit or speeding suspensions. A Work Licence is for drink/drug driving disqualifications.

28. Can I do anything to help my case before court? ▾

Yes. Start counselling, complete a Traffic Offender Program, and collect character references. These show remorse and rehabilitation.

29. Do I have to speak in court? ▾

Usually your lawyer speaks for you. If unrepresented, be polite, stand when addressed, and refer to the Magistrate as "Your Honour."

30. What should I wear to court? ▾

Dress neatly and respectfully — think job interview, not weekend barbecue.

31. How long will court take? ▾

Simple pleas can be over in 10 minutes, but you may wait hours for your matter to be called.

32. Can I plead guilty online? ▾

Some minor traffic matters can be pleaded online, but drink and drug driving usually require you (or your lawyer) to appear in person.

33. What if I missed my court date? ▾

Go to the court registry immediately. A warrant may have been issued. Don't wait for police to find you.

34. How does the court decide the penalty? ▾

The Magistrate looks at: Your blood alcohol/drug reading, your traffic record, your attitude and preparation, and whether you've taken steps to change your behaviour.

35. What if I had an accident while over the limit? ▾

That makes it more serious. Expect a longer disqualification and a higher fine. If someone was hurt, you may face dangerous driving charges too.

36. Can I drive interstate with a restricted licence? ▾

No. Restricted licences are valid only in Queensland.

37. Will my insurance cover me if I crash while over the limit? ▾

Usually not. Most insurance policies exclude cover if you were over the legal limit or driving illegally.

38. How long does the offence stay on my record? ▾

It stays on your traffic history permanently, though its impact fades over time.

39. Can I appeal my sentence? ▾

Yes — within one month from the date of sentence. You can appeal to the District Court if you think it's too harsh.

40. What if my disqualification seems excessive? ▾

You can appeal the length of disqualification to the District Court. A lawyer can assess if it's "manifestly excessive."

41. Do police always have to show me the breath test result? ▾

Yes, you're entitled to be told your result. It's usually printed on the notice or police paperwork.

42. Can I refuse a breath or saliva test? ▾

You can, but it's a separate offence — refusing to provide a specimen carries the same penalty as high-range drink driving.

43. Do I need to go to a program like "Roadwise" or "Traffic Offenders"? ▾

Not mandatory, but doing one shows responsibility and can help reduce your penalty.

44. How do I get my licence back after disqualification? ▾

You must reapply through TMR (Transport & Main Roads) once the disqualification ends. It doesn't automatically return.

45. What happens if I drive before my disqualification ends? ▾

That's disqualified driving — a very serious offence that often results in jail, especially if repeated.

46. Can I use an interlock device instead? ▾

For certain mid- and high-range offences, you'll be required to install an alcohol interlock before you can drive again.

47. How much does a DUI lawyer cost? ▾

Most traffic lawyers offer fixed-fee representation. Expect around $1,500 – $4,000 depending on location and complexity. This is just an estimate for sentence matter.

48. Can I handle my own case? ▾

Yes, but make sure you understand the process. Many people representing themselves don't know how to properly apply for a work licence or argue for a no-conviction.

49. Will this show up on a background check? ▾

If a conviction is recorded, yes. If not recorded, it usually won't appear on standard employer checks.

50. What's the best thing I can do right now? ▾

Get legal advice early. The more time you have before court, the better you can prepare supporting documents, references, and applications for a work licence.

Need Expert Legal Advice?

Don't navigate the Queensland court system alone. Our specialist traffic lawyers can help you understand your options, apply for a work licence, and achieve the best possible outcome.

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