QUEENSLAND

Drink Driving Offences QLD

In shortIn Queensland, drink driving is charged under section 79 of TORUM by alcohol limit: no alcohol, general (0.05), middle (0.10) and high (0.15, charged as under the influence). Every conviction carries a licence disqualification set by the Magistrate, even if no conviction is recorded. Readings of 0.10 or more also bring the alcohol ignition interlock program.

  • Limits (s 79A): no alcohol limit (above 0) for learner, P, probationary, unlicensed and some commercial drivers; general 0.05; middle 0.10; high 0.15.
  • Interlock (s 91I): applies to a reading of 0.10 or more, UIL, failing to provide a specimen for analysis, dangerous driving while affected, and 2 drink driving offences in 5 years.
  • Work licence (s 87): possible for a reading under 0.15 if you meet strict eligibility and prove extreme hardship to your livelihood. Apply before you are disqualified.

Queensland law · law checked 20 Oct 2026

What's on this page

How are drink driving offences decided in Queensland?

The charge mainly depends on your blood or breath alcohol concentration (BAC) reading and on the type of licence you hold or the vehicle you were driving. The higher the reading, the more serious the charge and the penalty. The court also considers aggravating and mitigating circumstances, such as your traffic record, the risk to others and your personal background.

Queensland courts treat drink driving seriously because of the danger it poses to the community. Most drink driving charges go to court. Since the law changed on 31 August 2026, police can give an eligible first low-range driver on an open Queensland licence an infringement notice instead (see below). A Magistrate decides how long you are disqualified and whether you are fined or imprisoned (TMR – being charged with drink driving).

The offences apply to anyone who drives, attempts to put in motion, or is in charge of a motor vehicle, tram, train or vessel (s 79). You can be charged even if the vehicle was not moving. See our guide to being in charge of a vehicle while under the influence.

What are the alcohol limits in Queensland?

Under section 79A of TORUM there are four limits:

Limit Reading Usual description Main offence
No alcohol limit More than 0.00 Applies to certain drivers only (below) s 79(2A)–(2J)
General alcohol limit 0.05 or more "Low range" (0.05 to under 0.10) s 79(2)
Middle alcohol limit 0.10 or more "Mid range" (0.10 to under 0.15) s 79(1F)
High alcohol limit 0.15 or more "High range" – conclusively presumed to be under the influence s 79(1)

Who must have no alcohol at all?

The no alcohol limit applies to:

  • learner, provisional and probationary licence holders, and unlicensed drivers (s 79(2A));
  • drivers of particular vehicles, including trucks, buses, articulated vehicles, B-doubles, road trains, vehicles carrying placarded dangerous goods, tow trucks, taxis, limousines and booked hire vehicles, driver trainers, specially constructed vehicles and tractors (s 79(2B)–(2D));
  • restricted (work) licence holders, people driving under a section 79E special hardship order, and drivers subject to an interlock condition (s 79(2J)).

If you are in one of these groups, any reading above zero is an offence, even if it is well under 0.05.

What is the general alcohol limit offence ("low range") in Queensland?

The general alcohol limit offence (s 79(2)), informally called low range, applies to a reading of 0.05 or more but under 0.10, for a driver on an open licence. Even a lower reading affects your ability to drive safely, and penalties include a fine, a licence disqualification and possibly a conviction.

The offence is in section 79(2) of TORUM. For a first offence the maximum penalty is 20 penalty units ($3,454) or 3 months' imprisonment, and the Magistrate must disqualify you for between 2 and 9 months (s 86(2)(eb)). That range applies to offences on or after 31 August 2026; for an earlier offence it was 1 to 9 months and the maximum fine was 14 penalty units. Infringement notice option (TORUM ss 79H–79J). If you have had no drink driving offence in the past 5 years, hold an open Queensland licence for the vehicle, were not driving a truck, bus or other particular vehicle and are not an interlock driver, police may give you an infringement notice of 7.5 penalty units ($1,295) instead of charging you. Unless you elect to have the matter decided in court, you are disqualified for 2 months, the offence counts as a conviction for repeat-offence, interlock and work licence purposes, and there is no work licence for those 2 months. Electing court means the 2 to 9 month range and the work licence rules apply instead. Courts take general deterrence into account. A first-time offender on an open licence may be eligible for a restricted work licence, and in special circumstances the court may decline to record a conviction.

Your licence is suspended for at least 24 hours from the time your reading is confirmed. If you were charged with a general alcohol limit offence while another drink driving charge was still pending, your licence is immediately suspended until the court deals with the charge (TMR).

What is the middle alcohol limit offence ("mid range") in Queensland?

The middle alcohol limit offence (s 79(1F)), informally called mid range, applies to a reading of 0.10 or more but under 0.15. It is treated more severely than the general alcohol limit offence because of the higher level of impairment.

The offence is in section 79(1F) of TORUM. For a first offence the maximum penalty is 28 penalty units ($4,835) or 6 months' imprisonment, and the Magistrate must disqualify you for between 3 and 12 months (s 86(2)(ea)). Your licence is immediately suspended when you are charged, until the court deals with the matter.

A middle alcohol limit conviction also means you must take part in the alcohol ignition interlock program when you return to driving. A restricted work licence is still possible at mid range if you are eligible, but the interlock requirement applies to it as well (TORUM ss 91J–91K; TMR restricted licence page).

What is the high alcohol limit ("high range") or UIL offence in Queensland?

Driving while under the influence of liquor or a drug (UIL) is the most serious drink driving offence, under section 79(1) of TORUM. If your reading is at or above the high alcohol limit of 0.150, you are conclusively presumed to be under the influence of liquor (s 79(3)). That is why a "high range" reading is charged as UIL.

UIL can also be charged without a high reading, if police allege from their observations that you were under the influence of alcohol or a drug. "DUI" is a common nickname for all of these charges, but it is not the term used in Queensland legislation.

For a first offence, the maximum penalty is 40 penalty units ($6,908) or 9 months' imprisonment, and you are disqualified for at least 6 months (s 86(1)). Your licence is immediately suspended when you are charged. You are not eligible for a work licence if your reading was 0.15 or more, and you must take part in the interlock program when you return to driving.

The higher the reading, the more serious the penalty is likely to be, reflecting the danger to the public and the community's expectation of deterrence.

What happens if you refuse or fail a breath test or analysis?

Refusing or failing to provide a sample is a criminal offence. There are two different offences, and the difference matters:

  • Roadside breath or saliva test (s 80(5A)). If police require a roadside specimen and you fail to provide it, or fail to provide it in the way directed, the maximum penalty is 40 penalty units or 6 months' imprisonment. There is a medical-certificate defence in s 80(5B).
  • Specimen for analysis (s 80(11)). If you fail to provide a specimen of breath for analysis, saliva for analysis or blood for a laboratory test, you are taken to have committed the UIL offence under section 79(1), with the same penalties and disqualification. Your licence is immediately suspended, and it is an interlock offence.

The reasoning is that refusing analysis would otherwise let a driver avoid an accurate reading, which undermines enforcement.

What are the maximum penalties and disqualification periods in QLD?

Queensland penalties are set in penalty units. From 1 July 2026 one penalty unit is $172.70 (Queensland Government), so the dollar amounts below are as at 20 October 2026.

Offence (TORUM, first offence) Maximum penalty Licence disqualification (s 86)
No alcohol limit – learner, P, probationary, unlicensed (s 79(2A)) 20 PU ($3,454) or 3 months 3 to 9 months
No alcohol limit – particular vehicles (s 79(2B)–(2D)) 20 PU ($3,454) or 3 months 1 to 9 months
General alcohol limit, 0.05 to under 0.10 (s 79(2)) 20 PU ($3,454) or 3 months 2 to 9 months
Middle alcohol limit, 0.10 to under 0.15 (s 79(1F)) 28 PU ($4,835) or 6 months 3 to 12 months
UIL, including 0.15 or more (s 79(1)) 40 PU ($6,908) or 9 months At least 6 months
Fail to provide specimen for analysis (s 80(11)) As for UIL As for UIL

These figures match the TMR table for a first offence (TMR, last updated 31 August 2026). Restricted licence, section 79E and interlock drivers over the no alcohol limit face a higher maximum of 26 PU ($4,490) or 6 months (s 79(2J)).

Repeat offences. If you have a previous drink driving conviction within 5 years, the maximum penalties and disqualification periods increase. A repeat UIL offence carries an automatic disqualification of 1 year (2 years if you have more than one prior), and repeat lower-range offences carry 3 to 18 months (s 86(1A)–(1G), (2B)). TMR states that for a repeat offence your car may be impounded (for a reading of 0.15 or more, or failing to provide a specimen), you may be disqualified for up to 2 years, fined up to $12,434 or imprisoned.

Getting your licence back. When the disqualification ends you can apply to have your licence reissued. It will be a probationary licence that you must hold for at least 1 year. You may also need to complete a short online drink driving course or the repeat drink driving course (TMR).

For a closer look at sentencing ranges, see our guide to Queensland drink driving penalties and first-time drink driving penalties in QLD.

This outcome was reported in September 2025. Queensland drink driving penalties changed for offences committed from 31 August 2026, so the penalties discussed here may not reflect current law.

When does the alcohol ignition interlock program apply in QLD?

Under section 91I of TORUM you must take part in the interlock program after a conviction for any of these "high-risk" drink driving offences (TMR – alcohol ignition interlocks):

  • driving, attempting to put in motion or being in charge of a vehicle under the influence of alcohol (UIL);
  • driving with a reading of 0.10 or more (the middle and high alcohol limits);
  • failing to provide a breath or blood specimen for analysis;
  • dangerous operation of a vehicle while affected by alcohol (Criminal Code s 328A);
  • 2 or more drink driving offences within 5 years.

Once your disqualification ends, you must hold a licence with an interlock condition and drive only a nominated vehicle fitted with an approved interlock for a prescribed period of 12 months (s 91N). The period can be extended for breaches. If you do not take part, you cannot drive for 5 years from the end of your disqualification. There are limited exemptions with strict eligibility criteria, and financial assistance may be available.

Can you get a work licence for drink driving in QLD?

Possibly. Under section 87 of TORUM the court can order that you be issued with a restricted licence (commonly called a work licence) for the disqualification period. You must prove that:

  • you are a fit and proper person to drive under a restricted licence, having regard to the safety of other road users and the public; and
  • refusing the order would cause you or your family extreme hardship by depriving you of the means of earning your living.

You are not eligible if, at the time of the offence (TMR – restricted licence):

  • you did not hold a valid Queensland open licence, or you were driving a vehicle your licence did not authorise;
  • your reading was 0.15 or more;
  • you were using the vehicle in an activity directly connected with earning your living;
  • you were driving a truck, bus, taxi, tow truck, tractor or another particular vehicle;
  • your licence had been suspended or cancelled, or you had been disqualified, in the past 5 years (with some exceptions); or
  • you had been convicted of drink or drug driving or dangerous driving in the past 5 years.

You must apply on the approved form and give it to the Magistrate after you are found guilty and before you are disqualified. You cannot apply afterwards. If granted, you must have a zero BAC while driving and keep to the conditions in the order. If you are convicted of a drink driving offence and get a restricted licence, you must also complete a short online drink driving course. See our DUI restricted work licence guide. A special hardship licence is a different order with different eligibility rules.

Can you avoid a conviction for drink driving in QLD?

The Magistrate has a discretion not to record a conviction under section 12 of the Penalties and Sentences Act 1992. The court must consider all the circumstances, including the nature of the offence, your character and age, and the impact a conviction would have on your economic or social wellbeing or your chances of finding employment.

Not recording a conviction can matter a great deal for employment and travel. But in Queensland it does not avoid the licence disqualification. For TORUM purposes "convicting" includes a finding of guilt whether or not a conviction is recorded (TORUM sch 4), and an unrecorded conviction does not stop the court making other orders (PSA s 12(4)). See our guide to no conviction outcomes for drink driving in QLD.

What does the court consider when sentencing?

Queensland Magistrates consider many factors when sentencing drink driving offences, including:

  • your reading and the alcohol limit that applied to you;
  • whether it is a first or repeat offence;
  • your traffic history and any previous convictions;
  • the risk to the community, including the manner of driving and any crash;
  • your personal circumstances and need for a licence;
  • what you have done since the offence, such as completing the Traffic Offenders Program, counselling or treatment, and character references.

Well-prepared mitigating submissions can make a real difference to where the penalty falls within the range and whether a conviction is recorded. Our QLD DUI court process guide explains each step from charge to sentence.

Talking to us about your drink driving charge

Every case is different. The charge, your reading and your personal circumstances all affect the outcome. Boorman Lawyers gives strategic advice and represents clients from the first appearance to sentence in Magistrates Courts across Queensland. You can find your court in our QLD courts we attend directory. Duty lawyers from Legal Aid Queensland also attend many Magistrates Courts.

To talk about legal representation, call 1300 941 900 or make an enquiry about legal representation using the form on this page.

This page is general information only. It is not legal advice. Every case turns on its own facts.

Representing yourself?

Not everyone wants a lawyer, and some people choose to run their own matter. DIY DUI Method is a separate self-help service that is also owned by Joshua Boorman. It gives general information and is not legal representation. If you would rather get advice or have us represent you, call 1300 941 900 or make an enquiry about legal representation.

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.

Frequently asked questions about drink driving in QLD

What is the legal alcohol limit in Queensland?

The general alcohol limit is 0.05. A no alcohol limit (anything above 0.00) applies to learner, provisional and probationary licence holders, unlicensed drivers, restricted licence and interlock drivers, and drivers of particular vehicles such as trucks, buses and taxis. The middle alcohol limit starts at 0.10 and the high alcohol limit at 0.15 (TORUM s 79A).

What penalties apply for drink driving in QLD?

Penalties depend on your reading, your history and your licence type. For a first offence the maximum fines range from 20 penalty units ($3,454) to 40 penalty units ($6,908), with imprisonment of up to 9 months. Every conviction carries a licence disqualification, from 1 month up to at least 6 months for UIL. Readings of 0.10 or more also require the interlock program. See our drink driving penalties guide for detail.

Can I get a work licence after a drink driving charge?

Some people can. You must have held an open Queensland licence, had a reading under 0.15, not been driving for work at the time, not been driving a truck, bus, taxi or other particular vehicle, and have no relevant suspension, disqualification or drink driving conviction in the past 5 years. You must prove extreme hardship to your livelihood and apply before you are disqualified.

Is it possible to avoid a criminal conviction for drink driving in QLD?

Yes, in some cases the Magistrate will exercise the discretion not to record a conviction (Penalties and Sentences Act s 12). It depends on the nature of the offence, your character and age, and the impact of a conviction on your employment and wellbeing. It does not avoid the licence disqualification.

What happens if I refuse a breath test or analysis in QLD?

Failing to provide a specimen for analysis is taken to be an offence of driving under the influence (s 80(11)). It carries the same penalties, immediate suspension and interlock. Failing a roadside breath or saliva test is a separate offence with a maximum of 40 penalty units or 6 months' imprisonment (s 80(5A)).

Do Queensland drink driving laws apply to all vehicles?

The section 79 offences apply to motor vehicles (including cars and motorcycles), trams, trains and vessels. Bicycles and personal mobility devices are dealt with under separate provisions.

How can Boorman Lawyers help with my drink driving charge?

We can advise you on the charge and evidence, your eligibility for a work licence, the interlock program and the likely penalty range, and help you prepare references, program certificates and submissions for the Magistrate. To talk about legal representation, call 1300 941 900.

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Enquire about legal representation

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

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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