QUEENSLAND

Dangerous Driving QLD

In shortIn Queensland, dangerous driving is charged as dangerous operation of a vehicle under section 328A of the Criminal Code. The basic offence carries up to 200 penalty units or 3 years' jail. A conviction brings an automatic licence disqualification of at least 6 months, and no work licence is available. Aggravated forms carry far higher maximums.

  • Offence (Criminal Code s 328A(1)): operating a vehicle at a speed or in a way that is dangerous to the public. Maximum 200 penalty units ($34,540) or 3 years' jail.
  • Aggravated forms: being affected by an intoxicating substance, speeding more than 40 km/h over the limit, racing or a prior conviction raises the maximum to 400 penalty units or 5 years. If death or grievous bodily harm is caused, the maximum is 14 or 20 years.
  • Licence: TORUM s 86 disqualifies you automatically on conviction, for 6 months (summary) or 1 year (on indictment) and longer with priors. A s 87 work licence is not available.

Queensland law · law checked 20 Oct 2026

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What's on this page

What is dangerous driving in Queensland?

Queensland does not have an offence called "dangerous driving" in its road rules. The charge is dangerous operation of a vehicle under section 328A of the Criminal Code. It is a criminal offence, not a traffic infringement. Section 328A(6) defines operating a vehicle dangerously as operating it, or interfering with its operation, "at a speed or in a way that is dangerous to the public, having regard to all the circumstances". Those circumstances include:

  • the nature, condition and use of the place;
  • the nature and condition of the vehicle;
  • how many people, vehicles or other objects are, or might reasonably be expected to be, there;
  • the concentration of alcohol in the driver's breath or blood;
  • the presence of any other substance in the driver's body.

A few points follow from the wording:

  • "In any place." The offence is not limited to roads. A car park, a private property or a beach can be enough. Only a place lawfully used to race or test vehicles with other traffic excluded is outside it.
  • "Operates, or in any way interferes with." A passenger who grabs the steering wheel can be charged.
  • "The public" includes passengers in the vehicle, in a public or a private place.
  • It is objective. The test is whether the driving was in fact dangerous in the circumstances. The prosecution does not have to prove you meant to drive dangerously.

How is it different from careless driving?

Careless driving is a separate, less serious offence under section 83 of TORUM: driving without due care and attention, or without reasonable consideration for other road users.

Careless driving (TORUM s 83) Dangerous operation (Criminal Code s 328A(1))
What must be shown Driving below the standard of a reasonable, prudent driver Driving at a speed or in a way that is dangerous to the public
Maximum, basic offence 40 penalty units ($6,908) or 6 months 200 penalty units ($34,540) or 3 years
Licence No automatic disqualification for the basic offence. At least 6 months is mandatory if death or grievous bodily harm is caused (s 83(2)) An automatic disqualification of at least 6 months on conviction (TORUM s 86)
Criminal record A traffic offence A Criminal Code offence (a misdemeanour)

Penalty unit figures use $172.70, the value from 1 July 2026. Where the evidence supports careless driving but not dangerous driving, that difference can matter a great deal.

What are the penalties?

Charge Section Maximum
Dangerous operation of a vehicle s 328A(1) 200 penalty units ($34,540) or 3 years' imprisonment
Publishing material on social media to advertise the offence s 328A(1A) 400 penalty units ($69,080) or 5 years
Dangerous operation while adversely affected by an intoxicating substance, excessively speeding (more than 40 km/h over the limit), in an unlawful race or speed trial, or with a previous s 328A conviction s 328A(2) 400 penalty units ($69,080) or 5 years
Dangerous operation causing death or grievous bodily harm s 328A(4)(a) 14 years
Causing death or grievous bodily harm while adversely affected, excessively speeding or racing; leaving the scene before police arrive (other than to get help); or after evading police (PPRA s 754(2)) s 328A(4)(b)–(d) 20 years

Mandatory jail for some repeat offenders. Under s 328A(3), the court must impose imprisonment as the whole or part of the punishment in 2 situations:

  • you were previously convicted of dangerous operation committed while adversely affected; or
  • you have 2 previous convictions for "prescribed offences", which include s 328A and the TORUM s 79 drink and drug driving offences.

What happens to your licence?

Automatic disqualification on conviction. Under TORUM s 86(3) and (3AA), you are disqualified "by the conviction and without any specific order":

Situation Automatic disqualification
Summary conviction under s 328A(1) or (2) (Magistrates Court) 6 months
Conviction on indictment under s 328A(4) (death or grievous bodily harm) 1 year
Previous drink driving conviction (s 79(1F), (2) and others) in the past 5 years 9 months (s 86(3E)), or 1 year if more than one (s 86(3F))
Previous dangerous driving, indictable driving offence or UIL (s 79(1)) conviction in the past 5 years 1 year (s 86(3A))
More than one such previous conviction in the past 5 years 2 years (s 86(3B)–(3D))

These are minimums. The court can order a longer disqualification, or an absolute one (s 86(5)). Under s 90, a magistrate can disqualify a driver even when the complaint is dismissed, if satisfied that the public interest requires it. Whether the automatic period applies where no conviction is recorded is something to check for your case.

No work licence. A restricted (work) licence under TORUM s 87 is only available after a conviction under s 79 or s 80(5A), which are the drink driving and specimen offences. It is not available for a s 328A disqualification. A s 328A conviction in the previous 5 years also blocks a later work licence for drink driving. See our restricted work licence guide.

Immediate suspension if alcohol or drugs are alleged. If you are charged under s 328A(1) or (4) with the circumstance of aggravation of being adversely affected by an intoxicating substance, TORUM s 79B(1)(d) suspends your licence immediately until the charge is dealt with. Our guide to appealing an immediate police suspension and our special hardship licence guide explain the options around suspensions.

Interlock. Dangerous operation while adversely affected by alcohol is an "alcohol-related offence" for the interlock program (TORUM s 91A). That means the 12-month interlock condition applies when you are relicensed. See our QLD alcohol interlock guide.

Which court will hear the charge?

Charge Where it is usually heard
s 328A(1) Magistrates Court. As an indictable offence with a maximum of not more than 3 years, it must be dealt with summarily (Criminal Code s 552BA)
s 328A(2) (aggravated) Magistrates Court, unless you elect a jury trial (s 552B)
s 328A(4) (death or grievous bodily harm) District Court, on indictment

All of these are subject to the magistrate's power in s 552D to decline to deal with a charge summarily. On an indictment for another driving offence, a jury can convict of s 328A instead (s 328B). A Magistrates Court plea is explained in our Queensland DUI court process guide, and courts across the state are listed on our Queensland courts we attend page.

What can make a difference?

  • The evidence of danger. Dash-cam or CCTV footage, the road and weather conditions, traffic density, speed estimates and witness accounts all go to whether the driving was dangerous, rather than careless.
  • Alcohol or drugs. A reading or a drug detection can be part of the circumstances (s 328A(6)). It can also be charged as the aggravating circumstance of being adversely affected, which raises the maximum and brings immediate suspension and interlock consequences. See Queensland drink driving offences and our Queensland drug driving guide.
  • Your traffic history. Previous convictions within 5 years lengthen the automatic disqualification and can trigger mandatory imprisonment.
  • What you do before sentence. References, a driver education program such as the Traffic Offenders Program, and evidence about your work and family responsibilities are relevant to the sentence. They do not remove the automatic disqualification.

Our drink driving penalties guide covers the TORUM penalty framework. Our traffic law FAQs answer common questions, and our Queensland traffic law hub links every topic.

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.

Dangerous driving from 1 March 2027: the Criminal Code (Dangerous Driving) and Other Legislation Amendment Act 2026 replaces s 328A with new sections 334G to 334N. The basic offence rises to 400 penalty units or 5 years, and aggravated forms reach 600 penalty units or 7 years. That Act is passed but not yet in force, so s 328A still applies today.

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Dangerous driving FAQs

Can I get a work licence after a dangerous driving conviction?

No. A s 87 restricted licence is only available for disqualifications that follow a s 79 or s 80(5A) conviction. A dangerous operation disqualification has no work licence option.

Is dangerous driving a criminal offence in Queensland?

Yes. Dangerous operation of a vehicle is an offence under the Criminal Code. The basic offence is a misdemeanour, and the aggravated forms are crimes.

What counts as "excessively speeding"?

Driving more than 40 km/h over the speed limit that applies to you under TORUM (Criminal Code s 328A(6)).

Can I be charged if I was not on a road?

Yes. Section 328A applies "in any place". The only exception is a place lawfully used to race or test vehicles with other traffic excluded.

How long will I lose my licence?

At least 6 months after a summary conviction. It is longer with previous convictions in the past 5 years, or 1 year for a conviction on indictment where death or grievous bodily harm was caused. The court can order a longer or an absolute disqualification.

Does posting a video of the driving make it worse?

Yes. Publishing material on social media to advertise the offence is a separate, more serious form of the offence, with a maximum of 400 penalty units or 5 years (s 328A(1A)).

Sources and date checked

The law on this page was checked against these primary and official sources on 20 Oct 2026. Penalty unit dollar amounts are as at 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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