Boorman Lawyers – Traffic Law explains the drink driving penalties in Queensland, including when jail time applies for low, middle, and high-range offences. The Transport Operations (Road Use Management) Act 1995 (TORUM) section 86 sets out the punishments, including fines, disqualification periods, and imprisonment (jail) for offenders.
What Are 1st, 2nd & 3rd DUI Offences?
When determining penalties, Queensland Courts assess whether an offence is a 1st, 2nd or 3rd within a 5-year period. Prior offences significantly increase potential jail sentences and licence disqualifications under section 86.
- 1st Offence: No prior DUI conviction in the past 5 years.
- 2nd Offence: One prior conviction within the last 5 years.
- 3rd + Offence: Two or more prior DUI convictions within 5 years. Mandatory minimum disqualification and likely jail term.
Low Range Drink Driving Penalties (BAC 0.050 – 0.099)
- 1st Offence: Max 3 months jail and/or 14 penalty units. Licence disqualification 1–9 months.
- 2nd Offence: Max 6 months jail and/or 20 penalty units. Disqualification 3–18 months.
- 3rd Offence: Max 9 months jail and/or 28 penalty units. Extended disqualification expected.
Middle Range Drink Driving Penalties (BAC 0.100 – 0.149)
- 1st Offence: Max 6 months jail and/or 20 penalty units. Disqualification 3–12 months.
- 2nd Offence: Max 6 months jail and/or 20 penalty units. Disqualification 3–18 months.
- 3rd Offence: Max 9 months jail and/or 28 penalty units. Disqualification 3–18 months+.
High Range Drink Driving (BAC ≥ 0.150) – DUI / UIL
- 1st Offence: Max 9 months jail and/or 28 penalty units. Minimum disqualification 6 months+.
- 2nd Offence: Max 18 months jail and/or 60 penalty units. Minimum disqualification 1 year+.
- 3rd + Offence: Mandatory jail sentence under section 86(4). Max 18 months jail / 60 penalty units. Minimum disqualification 2 years+.
Immediate Licence Suspension
Police can issue an immediate suspension for mid-range or high-range DUI offences until Court hearing. Low-range DUI attracts a 24-hour suspension. Disqualifications are determined under section 86.
Jail for DUI Offenders
Courts reserve jail sentences for serious or repeat drink driving offences. Aggravating factors — such as injury, high BAC, passengers, or prior convictions — increase the likelihood of a custodial (jail) sentence under section 86(2).
Repeated DUI Offences & Cumulative Disqualification
Under section 86(5), disqualifications run cumulatively — each ban starts after the previous ends. Repeat offenders risk longer bans and a strong chance of jail time.
Summary of Drink Driving Penalties QLD
| Offence Category (BAC) | 1st Offence | 2nd Offence | 3rd + Offence |
|---|---|---|---|
| Low Range (0.050–0.099) | Max 3 mths jail / 14 PU; Disq 1–9 mths | Max 6 mths jail / 20 PU; Disq 3–18 mths | Max 9 mths jail / 28 PU; Longer disqualification |
| Middle Range (0.100–0.149) | Max 6 mths jail / 20 PU; Disq 3–12 mths | Max 6 mths jail / 20 PU; Disq 3–18 mths | Max 9 mths jail / 28 PU; Disq 3–18 mths+ |
| High Range ≥ 0.150 / DUI | Max 9 mths jail / 28 PU; Disq 6 mths+ | Max 18 mths jail / 60 PU; Disq 1 yr+ | Mandatory jail; Max 18 mths / 60 PU; Disq 2 yrs+ |
Interlock Program & Licence Reinstatement
Queensland’s Alcohol Ignition Interlock Program applies to high-risk or repeat offenders post-disqualification. The interlock prevents a car from starting if alcohol is detected. Failure to comply may extend disqualification.
Need Personalised Legal Advice?
Each DUI case is unique. For tailored legal advice or Court representation, contact our Queensland Traffic Lawyers. Learn more about offences at our Drink Driving Offences QLD page.
FAQs – Drink Driving Penalties QLD
Which law covers DUI penalties in Queensland?
Drink driving penalties, including jail sentences, are under the Transport Operations (Road Use Management) Act 1995, section 86.
Can a lawyer help reduce my disqualification period?
Yes. Courts may reduce the disqualification or avoid jail in limited cases, depending on your record, mitigation and other factors.
Are penalties cumulative for multiple offences?
Yes. Section 86(5) states multiple disqualifications run consecutively. Repeat offences increase jail likelihood.
What is an alcohol interlock and will I need one?
An interlock stops a vehicle if alcohol is detected. Mandatory for some high-range and repeat DUI offenders before licence reinstatement.
Can I apply for a work licence after a DUI?
Some low-range first-time offenders may apply for a restricted work licence, subject to eligibility.
Where can I read the full Queensland drink driving laws?
See the Queensland Legislation site – especially section 79, 79A and 86.
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