QUEENSLAND

Appeal an Immediate DUI Police Suspension QLD

In shortIf police charge you with certain drink or drug driving offences in Queensland, your licence is suspended immediately until the charge is decided. An eligible open-licence holder can apply to the Magistrates Court within 21 days for a section 79E order allowing driving until the case ends, but must prove extreme or severe and unusual hardship.

The suspension: starts when you are charged and lasts until the charge is dealt with, for the offences listed in TORUM s 79B.
The remedy: a s 79E order, which is not an appeal but an application to the Magistrates Court, made within 21 days of the suspension starting.
The tests: an open licence, no listed history, fit and proper, no unacceptable risk, and extreme hardship or severe and unusual hardship (Driver Licensing Regulation 2021 regs 292–298).

Queensland law · law checked 23 Oct 2026

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What's on this page

What is an immediate licence suspension?

Usually a licence is only lost once a court convicts and disqualifies you. For some drink and drug driving charges, Queensland suspends the licence from the moment you are charged and keeps it suspended until the charge is dealt with. This is set out in section 79B of the Transport Operations (Road Use Management) Act 1995 (TORUM). The police officer gives you a notice when you are charged.

This is separate from the short 24-hour suspension that applies where a reading is under 0.10 (s 80(22AA)). The 24-hour suspension ends on its own. A s 79B suspension can last months while the case is in court.

What offences attract immediate licence suspension?

Under s 79B your licence is suspended until the charge is decided if you are charged with:

driving or being in charge under the influence of liquor or a drug, which includes a reading of 0.15 or more;
driving over the middle alcohol limit (0.10 to under 0.15);
failing to provide a breath, saliva or blood specimen (s 80(11));
dangerous driving while adversely affected by an intoxicating substance (Criminal Code s 328A);
any drink or drug driving charge while an earlier drink or drug driving charge is still pending;
a drink or drug driving charge while you are already driving under a s 79E order; or
a drink or drug driving charge after being given a low-range infringement notice but before the administrative disqualification starts.

A low range or drug presence charge on its own, with no pending matter, does not attract a s 79B suspension.

Queensland penalty changes in 2026: check your offence date (law checked 20 Oct 2026).

Offences on or after 31 August 2026: higher maximum fines apply. They are 20 penalty units ($3,454) for the general alcohol limit and no alcohol limit offences, 28 ($4,835.60) for the middle alcohol limit and 40 ($6,908) for driving under the influence of liquor or a drug. A first general alcohol limit conviction (0.05 to under 0.10) on an open licence now carries 2 to 9 months' disqualification. For offences before 31 August 2026 it was 1 to 9 months. Police can now give an eligible first low-range driver on an open Queensland licence an infringement notice of $1,295 instead of a court charge. Unless the driver elects to go to court, a 2-month disqualification follows. It counts as a conviction, and there is no work licence for that period. Drug driving (a relevant drug present) has not changed yet. The maximum is 14 penalty units ($2,417.80) or 3 months, with 1 to 9 months' disqualification on an open licence and 3 to 9 months for learner, P-plate and unlicensed drivers.

Offences on or after 1 December 2026: minimum fines start for drink and drug driving. For example, the minimum is 7.5 penalty units for low range and for drug driving. The drug driving maximum rises to 28 penalty units, and a first offence on an open licence carries 2 to 9 months' disqualification. A new offence of driving with a relevant drug present while over an alcohol limit adds 1 month to the disqualification range.

An offence committed before a change is generally dealt with under the penalties in force when it happened. Sources: TORUM ss 78E, 79, 79B, 79H–79J and 86, as amended by the Queensland Community Safety Act 2024 and the Transport and Other Legislation Amendment Act 2026. Penalty unit $172.70 from 1 July 2026.

Why the suspension matters

The suspension can cause real hardship for people who rely on their licence to work, run a business or care for family. It also counts: when the court later sentences you, it may take the time you were suspended into account when setting your disqualification (s 86(7)). But the court is not required to reduce the period, and some periods cannot be reduced below the minimum.

Applying to lift the suspension: a s 79E order

Section 79E lets an eligible person apply to the Magistrates Court for an order allowing them to drive until the charge is decided. Although many people call it an "appeal", it is an application to the court. It does not decide whether you are guilty.

A s 79E order is available for suspensions for under the influence, middle range, failing to provide a specimen and dangerous driving while affected (s 79B(1)(a), (ab), (b) and (d)). It is not available for a suspension caused by a pending earlier charge or a charge while already on a s 79E order.

Time limit

You must file the application within 21 days after the suspension starts (reg 296(2)(a)). You must also give a copy to the commissioner of police at least 3 days before the hearing. Do not leave it late: the court cannot extend the time.

Who is eligible?

Under regs 292 to 295 you are not eligible if:

you do not hold an open Queensland licence (learner, provisional, probationary and restricted licences are excluded);
you held a restricted licence or were in a good behaviour period;
the charge involves a vehicle such as a truck, bus or taxi that requires a zero reading, or you drive for a living in a way the regulation excludes;
in the previous 5 years you have had your licence suspended, cancelled or disqualified for certain reasons, or been convicted of drink or drug driving, failing to provide a specimen or dangerous driving; or
another drink or drug driving charge is still pending.

What the court must be satisfied of

Under reg 298 the court must be satisfied that:

you are a fit and proper person to continue to hold a licence, having regard to the safety of other road users and the public;
allowing you to drive would not create an unacceptable risk to the safety of the public; and
refusal would cause extreme hardship to you or your family by depriving you of the means of earning a living, or severe and unusual hardship to you or your family.

If you are employed, you need an affidavit from your employer about your need to drive. Your own affidavit should explain your work, your driving, your family and why other transport will not work.

After the order is made

If the court makes the order, you cannot drive until you get a replacement licence from TMR (s 79F). The order can include conditions about when, where and why you drive. Breaking a condition, or being charged with another drink or drug driving offence, ends the order and is a serious offence.

Example

A tradesperson on an open licence is charged with a middle range offence. Their licence is suspended at the roadside. They have no history in the last 5 years and their business depends on their driving to job sites. Within 21 days, they file a s 79E application with an affidavit and supporting material from clients, serve the police, and ask the court to allow driving for business purposes only until the charge is heard. Whether the order is made depends on the evidence; nothing is automatic.

Getting help with a s 79E application

A s 79E application turns on evidence and deadlines. A lawyer can check your eligibility quickly, draft the affidavits, deal with police and appear at the hearing. For what happens at sentence, see drink driving penalties in Queensland and DUI restricted work licence.

Call 1300 941 900 or make an enquiry about legal representation.

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FAQs: immediate DUI suspension in Queensland

Can I appeal an immediate suspension?

Not in the usual sense. You can apply to the Magistrates Court for a s 79E order that lets you drive until the charge is decided, if you are eligible.

How long do I have to apply?

21 days from when the suspension starts.

Can I drive as soon as the order is made?

No. You must first get a replacement licence from TMR.

Does a s 79E order mean I will get a work licence at sentence?

No. A work licence under s 87 is a separate application with different rules, and it is not available for under the influence or high range offences.

Does the time I am suspended count towards my disqualification?

The court can take it into account under s 86(7), but it does not have to.

Sources and date checked

The law on this page was checked against these primary and official sources on 23 Oct 2026. Penalty unit dollar amounts are as at 23 Oct 2026.

Transport Operations (Road Use Management) Act 1995 (Qld) – ss 79B, 79E, 79F, 80(22AA), 86(7) (reprint current from 21 September 2026) — checked 23 Oct 2026
Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 (Qld) – ch 9, ss 290–306 — checked 23 Oct 2026
Queensland Government (TMR) – Drink driving: charged (last updated 31 August 2026) — checked 23 Oct 2026
Queensland Community Safety Act 2024 (Act No. 45), ss 93–104 – TORUM amendments commenced 31 August 2026 — checked 20 Oct 2026
Transport and Other Legislation Amendment Act 2026 (Act No. 23) – assent 21 September 2026; pt 10 div 3 commences 1 December 2026 — checked 20 Oct 2026
TORUM legislative history (commencement of amending Acts) — checked 20 Oct 2026

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

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What to have ready

Court & next listing date: Which court is on your paperwork and when your matter is listed.
Charge or reading (if known): Tell us the charge or reading if you have it — you do not need your full police facts yet.
Work & driving needs: Let us know if you rely on your licence for work or family responsibilities.

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