Drink Driving Penalties QLD
In shortQueensland drink driving penalties come from section 79 of the Transport Operations (Road Use Management) Act 1995 (maximum fines and jail) and section 86 (licence disqualification). The penalty depends on your reading, your licence type and any drink or drug driving conviction in the previous 5 years. Higher maximum fines apply to offences from 31 August 2026.
- Low range (0.05 to under 0.10): a first offence carries up to 20 penalty units ($3,454) or 3 months' jail and 2 to 9 months' disqualification (TORUM ss 79(2), 86(2)(eb)).
- Middle range (0.10 to under 0.15): up to 28 penalty units ($4,835.60) or 6 months' jail and 3 to 12 months' disqualification (ss 79(1F), 86(2)(ea)).
- High range (0.15 or more) is treated as under the influence: up to 40 penalty units ($6,908) or 9 months' jail and an automatic 6-month disqualification that the court can lengthen (ss 79(1), 79(3), 86(1), 86(5)).
Queensland law · law checked 21 Oct 2026
What's on this page
How Queensland sets a drink driving penalty
Two sections of the Transport Operations (Road Use Management) Act 1995 (TORUM) do most of the work. Section 79 creates the offences and sets the maximum fine and jail term for each one. Section 86 sets the licence disqualification that follows a conviction. The magistrate chooses the fine and any other sentence within those limits, but the disqualification rules in s 86 apply whether or not any other sentence is imposed (s 86(6)).
Three facts decide which row of the law applies to you:
- Your reading. The general alcohol limit is 0.05, the middle alcohol limit is 0.10 and the high alcohol limit is 0.15. A reading of 0.15 or more is conclusively presumed to mean you were under the influence of liquor (s 79(3)), so it is charged and punished as driving under the influence (UIL) under s 79(1).
- Your licence. Learner, P-plate, probationary and unlicensed drivers, and drivers of trucks, buses, taxis, rideshare vehicles and other listed vehicles, must have a zero reading (s 79(2A)–(2C)). Restricted licence holders, s 79E drivers and interlock drivers are also on a zero limit (s 79(2J)).
- Your history. Queensland looks back 5 years before the conviction for a previous drink or drug driving conviction, a dangerous driving conviction under the Criminal Code s 328A, or a conviction on indictment for a driving offence. A previous conviction moves you into a higher penalty row.
A Queensland penalty unit is $172.70 from 1 July 2026, so the dollar figures on this page are calculated at that value.
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.
What counts as a 1st, 2nd or 3rd offence?
| Offence count | What it means in Queensland |
|---|---|
| 1st offence | No relevant conviction in the 5 years before this conviction. |
| 2nd offence | One relevant conviction in that 5-year period. |
| 3rd or later offence | Two or more relevant convictions in that 5-year period. |
The 5 years is counted back from the date of the new conviction, not the date of the new offence. A conviction that the court did not record still counts for later proceedings (Penalties and Sentences Act 1992 s 12(4)(b)(iii)). A low-range infringement notice that becomes an administrative disqualification is treated as a conviction for these purposes (TORUM s 79J).
Low range drink driving penalties (0.05 to under 0.10)
Low range is the offence of being over the general alcohol limit but not over the middle alcohol limit (s 79(2)).
| Offence | Maximum penalty (s 79) | Licence disqualification (s 86) |
|---|---|---|
| 1st | 20 penalty units ($3,454) or 3 months' jail | 2 to 9 months (s 86(2)(eb)) |
| 2nd | 28 penalty units ($4,835.60) or 6 months' jail (s 79(2F)) | 3 to 18 months (s 86(2B)) |
| 3rd or later | 36 penalty units ($6,217.20) or 9 months' jail (s 79(2G)) | Automatic 6 months, which the court can lengthen (ss 86(2D), 86(5)) |
Where the earlier conviction was for UIL, dangerous driving or a conviction on indictment, the maximum rises to 42 penalty units or 1 year (s 79(2H)) and up to 72 penalty units or 18 months if there is also an earlier lower-range conviction (s 79(2I)).
New infringement notice option. For low range offences detected from 21 September 2026, an eligible first-time low-range driver on an open Queensland licence can now be given an infringement notice of 7.5 penalty units ($1,295) instead of being charged. If they do not elect to go to court, a 2-month administrative disqualification follows, there is no work licence for it, and it counts as a conviction for later offences (ss 79H–79J). Electing to go to court takes the matter back to the 2 to 9 month range above.
Middle range drink driving penalties (0.10 to under 0.15)
Middle range is the offence of being over the middle alcohol limit but not over the high alcohol limit (s 79(1F)).
| Offence | Maximum penalty (s 79) | Licence disqualification (s 86) |
|---|---|---|
| 1st | 28 penalty units ($4,835.60) or 6 months' jail | 3 to 12 months (s 86(2)(ea)) |
| 2nd | 28 penalty units or 6 months' jail (s 79(2F)) | 3 to 18 months (s 86(2B)) |
| 3rd or later | 36 penalty units ($6,217.20) or 9 months' jail (s 79(2G)) | Automatic 6 months, which the court can lengthen (ss 86(2D), 86(5)) |
A middle range charge also brings an immediate licence suspension from the time you are charged until the charge is dealt with (s 79B(1)(ab)). A conviction triggers the interlock program after your disqualification (s 91I). An eligible driver can still apply for a restricted (work) licence, but it carries the interlock condition (ss 87(4) note, 91K(2)).
High range and under the influence penalties (0.15 or more, or UIL)
| Offence | Maximum penalty (s 79) | Licence disqualification (s 86) |
|---|---|---|
| 1st | 40 penalty units ($6,908) or 9 months' jail (s 79(1)) | Automatic 6 months from conviction (s 86(1)) |
| 2nd (previous UIL) | 72 penalty units ($12,434.40) or 18 months' jail (s 79(1A)) | Automatic 1 year (s 86(1A)) |
| 2nd (previous lower-range offence only) | 42 penalty units ($7,253.40) or 1 year (s 79(1D)) | Automatic 9 months (s 86(1F)) |
| 3rd or later | 72 penalty units or 18 months' jail, and jail must be imposed as the whole or part of the punishment (s 79(1C)) where the two earlier convictions are UIL, dangerous driving or indictable driving convictions | Automatic 2 years (s 86(1B)) |
"Automatic" means the disqualification happens by the conviction itself, without a specific order. Under s 86(5) the court can still order a longer disqualification, or disqualify you absolutely. A UIL conviction is not eligible for a work licence (s 87(5)(da)).
Immediate licence suspension
There are two different suspensions, and drivers often confuse them:
- 24-hour suspension. Where your reading is under 0.10, police can suspend your licence for 24 hours from when the reading is confirmed (s 80(22AA)).
- Suspension until the charge is decided (s 79B). Your licence is suspended from the moment you are charged, and stays suspended until the charge is dealt with or withdrawn, if you are charged with UIL (including 0.15 or more), middle range, failing to provide a specimen, or dangerous driving while adversely affected. It also applies to a low range or drug charge if another drink or drug charge is still pending, if you were already driving on a s 79E order, or if you were caught after receiving a low-range infringement notice.
For some of these suspensions, an eligible open-licence holder can apply to the court for a s 79E order to keep driving. See appealing an immediate DUI suspension. When the court later sets your disqualification, it may take into account time you have already served off the road (s 86(7)).
When is jail likely?
Jail is available for every drink driving offence, but outside the mandatory case in s 79(1C) it is a matter for the court. Sentencing courts treat imprisonment as a last resort. The factors that tend to push a sentence up include:
- a very high reading;
- a crash, injury or property damage;
- passengers, especially children;
- driving a heavy vehicle or for a public passenger service;
- recent previous convictions; and
- driving while already suspended or disqualified, which is a separate offence with its own consequences.
Matters that can help include an early guilty plea, a good traffic history, evidence of a genuine need for your licence, completion of a traffic offenders program, and steps taken to deal with any alcohol problem.
Repeat offences and cumulative disqualification
If you are disqualified for a drink driving offence and are disqualified again for another drink driving offence before the first period ends, the periods run one after the other, not at the same time (s 90B(3)). The same applies to some unlicensed-driving disqualifications imposed for the same incident (s 90C). The order in which the courts impose them does not matter (s 90D). This is why repeat offences can lead to long total periods off the road.
Summary table: drink driving penalties in Queensland
| Range (BAC) | 1st offence | 2nd offence | 3rd or later |
|---|---|---|---|
| Low (0.05 to under 0.10) | Max 20 PU or 3 months; disqualified 2 to 9 months | Max 28 PU or 6 months; 3 to 18 months | Max 36 PU or 9 months; automatic 6 months |
| Middle (0.10 to under 0.15) | Max 28 PU or 6 months; 3 to 12 months | Max 28 PU or 6 months; 3 to 18 months | Max 36 PU or 9 months; automatic 6 months |
| High (0.15+) / UIL | Max 40 PU or 9 months; automatic 6 months | Max 72 PU or 18 months; automatic 1 year (previous UIL) | Max 72 PU or 18 months; mandatory jail term; automatic 2 years |
PU = penalty unit ($172.70). Figures apply to offences committed on or after 31 August 2026. The 2nd and 3rd offence rows assume the earlier convictions were of the same kind; other combinations are covered in ss 79(1D), (1E), (2H), (2I) and 86(1C)–(1G), (2E), (2F).
Interlock program and getting your licence back
After a disqualification ends you can apply for a new licence. For a "drink driving offence" as defined in s 91I, which includes middle range, high range or UIL, failing to provide a breath or blood specimen, dangerous driving while affected by alcohol and a repeat lower-range offence within 5 years, the new licence carries an interlock condition. You may then drive only a nominated vehicle fitted with an approved interlock until you complete a 12-month prescribed period, or until 5 years pass (ss 91K, 91M, 91N). TMR also sets education program requirements for some drivers. See our Queensland alcohol interlock guide.
Can I keep driving for work?
A restricted (work) licence under s 87 is available only in limited cases. You must apply before you are sentenced, and the court must be satisfied that refusal would cause extreme hardship by depriving you or your family of your means of earning a living. It is not available for UIL or high range, for zero-limit drivers, or if you have had a licence suspension, cancellation or disqualification in the previous 5 years. See DUI restricted work licence.
Getting legal advice on your penalty
Every drink driving matter turns on its own facts: the reading, the licence you held, your traffic history and your reasons for needing to drive. A lawyer can check that the right offence and the right penalty row have been charged, prepare your material for sentence and, where you are eligible, a work licence application. For the offence itself, see drink driving offences in Queensland.
Call 1300 941 900 or make an enquiry about legal representation.
Videos: drink driving penalties in Queensland
These three short videos from Boorman Lawyers TV explain the low, middle and high range offences. They were recorded before the 31 August 2026 changes, so check the figures in the tables above for an offence committed on or after that date.
- Google review by Neal Singh.
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FAQs: drink driving penalties in Queensland
Which law sets drink driving penalties in Queensland?
The Transport Operations (Road Use Management) Act 1995. Section 79 sets the offences and maximum fines and jail terms, and section 86 sets the licence disqualification.
Can a lawyer help reduce my disqualification period?
Where the law gives a range, such as 2 to 9 months for a first low range offence, the court chooses the period having regard to your reading and the danger to the public (s 86(2A)). Submissions about your circumstances can affect where in the range the period falls. A lawyer cannot change the minimum the law sets.
Do disqualification periods run one after the other?
They can. If you are disqualified again for a drink driving offence before an earlier drink driving disqualification ends, the periods take effect cumulatively (s 90B).
Will I need an interlock?
If your offence is a "drink driving offence" under s 91I, such as middle range, high range, UIL, failing to provide a specimen or a repeat low range offence within 5 years, your next licence will carry an interlock condition.
Can I get a work licence after a drink driving charge?
Possibly, for an eligible first low range or middle range offence, if you apply before sentence and meet the strict tests in s 87. It is not available for high range or UIL.
Did the penalties change in 2026?
Yes. For offences committed on or after 31 August 2026, the maximum fines rose and a first low range offence now carries a minimum of 2 months' disqualification. Further changes, including minimum fines, start on 1 December 2026.
Where can I read the law?
On the Queensland legislation website: TORUM sections 79, 79B, 86 and 87.
Sources and date checked
The law on this page was checked against these primary and official sources on 21 Oct 2026. Penalty unit dollar amounts are as at 21 Oct 2026.
- Transport Operations (Road Use Management) Act 1995 (Qld) – ss 79, 79B, 80(22AA), 86, 87, 90B–90D, 91I–91N (reprint current from 21 September 2026) — checked 21 Oct 2026
- Penalties and Sentences Act 1992 (Qld) – s 12 (recording a conviction) — checked 21 Oct 2026
- Queensland Government (TMR) – Drink driving: motor vehicles (penalty table, last updated 31 August 2026) — checked 21 Oct 2026
- Queensland Government – Sentencing fines and penalties for offences (penalty unit $172.70 from 1 July 2026) — checked 21 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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