First Time Drink Driving Penalties in QLD: A Complete Guide

This article was written before Queensland drink and drug driving penalties changed on 31 August 2026 (with further changes from 1 December 2026), so the penalties discussed here may not reflect current law.

This guide covers drink driving under the Transport Operations (Road Use Management) Act 1995 (TORUM). It was first published on 10 August 2025 and its penalty figures were updated on 22 October 2026 for offences committed on or after 31 August 2026 (see the dated note at the end).

In Queensland, a first time drink driving offence carries a mandatory licence disqualification: for offences on or after 31 August 2026, from 2 months (low range) up to at least 6 months (high range or under the influence). Maximum fines for a first offence range from 20 penalty units ($3,454) to 40 penalty units ($6,908), with a maximum of 3 to 9 months' imprisonment depending on the reading. A section 87 work licence may be available to some eligible low and mid range drivers on an open licence. It is not available for 0.15 or more. The offences are in TORUM s 79; disqualification periods are in s 86.

Table of Contents

• What Counts as Drink Driving in Queensland
• BAC Categories: Low, Mid and High Range Explained
• The No Alcohol Limit — Who It Applies To
• First Offence Penalty Table
• What Happens Immediately After Being Charged
• What Happens at the Magistrates Court
• Mitigating Factors That Can Reduce Your Penalty
• Section 87 Work Licence — Full Breakdown
• Alcohol Ignition Interlock Program
• Impact on Your Criminal and Traffic Record
• How a DUI Lawyer Can Help
• FAQs — Queensland Drink Driving

BAC Categories: Low, Mid and High Range Explained

Queensland’s drink driving offences are divided into three principal categories based on your Blood Alcohol Concentration reading. Each category carries different mandatory minimum disqualification periods and different maximum penalties.

Low Range (0.05 to 0.099)

A low range reading means your BAC was at least 0.05 but below 0.10. This is the most common drink driving offence in Queensland. Many people charged at this range genuinely believed they were under the limit — particularly those who consumed what they considered to be a moderate amount of alcohol and waited before driving. The science does not always align with that expectation: individual BAC is affected by body weight, sex, food consumption, rate of drinking, and other metabolic factors.

At this range, a first offence carries a maximum of 20 penalty units ($3,454) or 3 months' imprisonment, and a disqualification of 2 to 9 months for offences on or after 31 August 2026 (it was 1 to 9 months before then). Imprisonment is rare for a first low range offence, but the mandatory disqualification and fine are real consequences with significant practical and professional impacts. Since the 2026 changes, an eligible first-time low range driver on an open Queensland licence may be offered an infringement notice instead of a court charge; see our Queensland drink driving penalties page.

Mid Range (0.10 to 0.149)

A mid range reading means your BAC was at least 0.10 but below 0.15. This is treated more seriously. First-time mid range offenders face a maximum of 28 penalty units ($4,835) or 6 months' imprisonment, a disqualification of 3 to 12 months, and an immediate licence suspension from the time they are charged. The court has the power to impose imprisonment, though this is uncommon for genuine first offenders who present well-prepared mitigation. The most important practical concern at mid range is eligibility for a Section 87 work licence, which can remain available at this range for an eligible first offender on an open licence. A mid range offence also brings the interlock program when you return to driving.

High Range (0.15 and above)

A high range reading is the most serious category. A BAC of 0.15 or above is conclusively presumed to be driving under the influence (s 79(1), (3)). For a first offence it carries a maximum of 40 penalty units ($6,908) or 9 months' imprisonment and a disqualification of at least 6 months. Critically, high range drink driving is excluded from eligibility for a Section 87 restricted work licence — meaning if you are convicted at this range, the court cannot grant you a licence to drive for work purposes, regardless of your circumstances. An alcohol ignition interlock is also required before you can be fully re-licensed.

First Offence Penalty Table — Queensland Drink Driving (TORUM s 79)

The table below sets out the maximum penalties and the disqualification ranges for a first offence committed on or after 31 August 2026. Courts have discretion within these ranges and take into account all relevant circumstances, and actual penalties vary. Penalty unit values are indexed on 1 July each year; from 1 July 2026 one penalty unit is $172.70 (Queensland Government), so the dollar figures below are as at 22 October 2026.

Source: TORUM ss 79 and 86, and the Department of Transport and Main Roads first-offence table (TMR, last updated 31 August 2026). For offences committed before 31 August 2026, lower maximum fines and shorter minimum disqualifications applied. Further changes start on 1 December 2026; see our Queensland drink driving offences guide for the current position. This table is a general guide only and does not constitute legal advice.

Second and Subsequent Offence Penalties

If you have a prior drink or drug driving conviction within the preceding 5 years , you are treated as a second or subsequent offender under TORUM. This means higher maximum fines (TMR lists a maximum of $12,434 for a repeat offence), longer disqualification periods, and a substantially increased risk of imprisonment. A repeat under the influence offence carries an automatic disqualification of 1 year (2 years with more than one prior), and repeat lower-range offences carry 3 to 18 months (TORUM s 86). TMR states that your car may be impounded for a repeat offence with a reading of 0.15 or more or a failure to provide a specimen.

What Happens at the Magistrates Court?

Drink driving matters in Queensland are heard in the Magistrates Court. The court at which your matter will be heard is typically the court nearest to where the offence occurred or nearest to your place of residence, depending on the charge. In Queensland, drink driving is not dealt with in the District or Supreme Court unless it involves a serious associated offence (such as death or grievous bodily harm caused by driving).

Guilty Plea — The Most Common Approach

The vast majority of drink driving matters in Queensland are resolved by a guilty plea. This is because the evidentiary breath analysis reading is almost always conclusive proof of the offence — challenging the technical validity of the result requires specific grounds and careful legal analysis. For most people, a guilty plea — entered at the earliest opportunity — is the most practical course of action.

Pleading guilty at the first available opportunity typically results in a discount on the severity of the penalty imposed by the Magistrate. Courts in Queensland are expressly able to take into account the utilitarian value of an early guilty plea — meaning the earlier you indicate a guilty plea, the more credit you receive.

Contesting the Charge

In limited circumstances, there may be grounds to challenge a drink driving charge. These include challenges to the accuracy or proper operation of the breath analysis instrument, procedural non-compliance by police (such as failure to administer the breath test within the required timeframe after driving), or the identity of the driver. These defences require careful analysis by an experienced DUI lawyer and are not available in most cases. If you believe there is a technical ground to contest your charge, obtain legal advice promptly — before your first court date.

What the Magistrate Considers

When imposing a penalty for a drink driving offence, a Magistrate in Queensland will take into account:

• Your BAC reading and the specific range of the offence
• Whether this is a first or subsequent offence
• The circumstances of the offending (were you in traffic? Was there an accident?)
• Whether you entered an early guilty plea
• Your personal circumstances, employment, and financial situation
• Whether you have completed a relevant traffic offender program
• Character references and evidence of remorse
• Any other matters relevant to the nature and severity of the offence

The Magistrate must impose at least the mandatory minimum disqualification — that cannot be avoided. However, everything above the minimum is within the court’s discretion, which is why proper preparation and representation makes a material difference to the outcome you receive.

Section 87 Work Licence — Full Breakdown

One of the most important and frequently asked-about aspects of a Queensland drink driving matter is the Section 87 restricted work licence — formally a restricted licence ordered by the court under section 87 of the Transport Operations (Road Use Management) Act 1995.

What Is a Section 87 Work Licence?

A Section 87 work licence is a court order that allows a person who has been convicted of certain drink driving offences to drive — on a restricted basis — during their disqualification period, for the purposes of their employment. It is not a full licence. It restricts you to driving for work-related purposes only, typically between specified locations and during specified hours.

Who Is Eligible?

You must be convicted of an offence under s 79 or s 80(5A) and be disqualified as a result (s 87(1)). In summary, the court must not grant the application if (s 87(5)):

• the offence was under the influence, including a reading of 0.15 or more, or a no alcohol limit offence;
• you were a learner, P-plate, probationary, unlicensed or restricted licence driver, or driving a vehicle that requires a zero reading;
• you did not hold a Queensland provisional or open licence at the time of the offence;
• your licence was suspended or cancelled, or you were disqualified, within the previous 5 years (with some exceptions);
• you were convicted of drink or drug driving, or dangerous driving, within the previous 5 years;
• you committed the offence while doing something directly connected with earning your living; or
• you were already on a restricted licence.

If you are eligible, you must satisfy the court that you are a fit and proper person to hold a restricted licence and that refusal would cause extreme hardship to you or your family by depriving you of your means of earning a living (s 87(5)(a)). Failing to provide a specimen is not covered, and there is no work licence for a low range infringement notice disqualification.

⚠️ A reading of 0.15 or more is excluded from section 87 eligibility. If your BAC was 0.15 or above, you cannot apply for a work licence regardless of how much you need your licence for work. This is a statutory exclusion under TORUM.

What the Court Requires

A Section 87 application requires careful preparation. The court will require:

• Your affidavit — sworn statement setting out your personal circumstances, employment details, financial situation, why you need to drive, the circumstances of the offence, your remorse and insight, and your traffic history
• Your employer’s affidavit — sworn statement from your direct supervisor or employer confirming your employment, the driving requirements of your role, why public transport or other alternatives are not viable, and the consequences for the business if you cannot drive
• The completed court application form
• Your current Queensland traffic history (obtained from the Department of Transport and Main Roads)
• Evidence that you have completed or are enrolled in a traffic offender program, if you have done one

Timing — This Is Critical

A section 87 application must be made at the sentencing hearing, before the court disqualifies you (s 87(2)). Once you are convicted and your licence is disqualified, you cannot go back and apply for a work licence retrospectively. This means you need to have your affidavits prepared and your application ready before your first court appearance, or as a priority immediately after your first appearance if the matter is adjourned.

If you appear unrepresented and enter a guilty plea without applying for a work licence at the same time, you will lose the opportunity to do so. This is one of the most common — and most costly — mistakes people make when attempting to handle a drink driving matter without legal advice.

What Happens if the Application Is Granted?

If the court grants your Section 87 application, it will impose conditions on your restricted licence — typically specifying the hours during which you can drive, the locations between which you can drive, and the vehicle(s) you are permitted to drive. These conditions are strict. Driving outside the terms of your restricted work licence is a criminal offence and will result in immediate disqualification and prosecution for a separate offence.

What Factors Does the Court Consider?

The Magistrate will consider whether you genuinely need the licence for work (not just that it would be convenient), whether alternatives such as public transport or help from others are realistic, the consequences of losing your income for you and any dependants, and whether you are a fit and proper person to hold a restricted licence given the circumstances of the offence. A well-prepared application — with clear, credible affidavits that address each of these matters honestly — significantly increases the likelihood of the application being granted.

Learn more on our QLD DUI work licence page, or contact our team to discuss your eligibility.

Impact on Your Criminal and Traffic Record

Traffic History

A drink driving conviction is recorded on your Queensland traffic history permanently. This record is maintained by the Department of Transport and Main Roads and is separate from your criminal history. Your traffic history is used by courts for sentencing in subsequent traffic matters, and is also accessed by insurers, some employers, and licensing authorities.

For sentencing purposes, a prior drink or drug driving conviction within the preceding 5 years makes you a repeat offender. This is calculated from the date of the previous conviction (not the date of the previous offence), so the timing of your court date can, in some circumstances, affect which category of offender you fall into.

Criminal History

Whether a Queensland drink driving conviction appears on your criminal history depends on how the offence was dealt with by the court. Where a fine is imposed under the Penalties and Sentences Act 1992 without a conviction being recorded — which is sometimes possible for minor first offences under a good behaviour order — the impact on your criminal history may be reduced. However, the vast majority of drink driving matters before the Magistrates Court result in a formal conviction being recorded.

Under the Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) , certain convictions can become “spent” after a rehabilitation period. For an adult where no imprisonment was ordered, the rehabilitation period is generally 5 years. Once spent, the conviction need not be disclosed in many contexts — but important exceptions apply, including for certain professional licensing, working with children checks, and police checks for specific purposes.

Impact on Employment and Licensing

A drink driving conviction can affect employment in regulated industries — particularly those requiring a professional licence, security clearance, or working with vulnerable persons. If you hold a professional licence in a regulated field (healthcare, law, finance, teaching, construction), you should obtain specific advice about your disclosure obligations following a drink driving conviction.

Queensland Drink Driving FAQs

Law update since this post (checked 21 Oct 2026)

This post was first published on 10 August 2025. Because it is a general guide rather than a case report, its penalty figures were updated on 22 October 2026 instead of being kept as published.

• Queensland, 31 August 2026: Queensland drink and drug driving penalties changed for offences committed on or after 31 August 2026, with further changes from 1 December 2026. The original post used a penalty unit of about $154, a low range maximum of 14 penalty units, a 1-month low range minimum, a 28-unit maximum for high range and 'up to 18 months imprisonment'; those figures are replaced above with the current maxima ($172.70 per unit from 1 July 2026).
• Earlier errors corrected: the original referred to a 0.02 limit (Queensland has a no alcohol limit instead), 'exceptional hardship' (the test is extreme hardship), and interlock costs of $150 to $250 a month (costs are set by providers; check TMR).

Sources and date checked

Sources and references for this page, checked 22 Oct 2026.

• Original Boorman Lawyers post, published 10 August 2025 (read-only copy taken 21 Oct 2026) — checked 21 Oct 2026
• TMR – Drink driving penalties (first offence table, last updated 31 Aug 2026) — checked 22 Oct 2026
• Transport Operations (Road Use Management) Act 1995 (Qld) ss 79, 79B, 80, 86, 87, 91I, 91K — checked 22 Oct 2026
• Queensland Government – penalty unit value from 1 July 2026 — checked 22 Oct 2026

This page is general information about Queensland law only. It is not legal advice. Every matter turns on its own facts.