QUEENSLAND

DUI Court Process Guide QLD

In shortMost Queensland drink and drug driving charges are dealt with in the Magistrates Court. You are charged and given a notice to appear, the case is first mentioned, and if you plead guilty the magistrate sentences you, either that day or after an adjournment. Preparation matters, especially for a work licence, which must be sought before sentence.

  • The stages: roadside test, charge and notice to appear, first mention, preparation, sentence, and what happens next.
  • The QP9: the police court brief sets out the facts, your reading and your history. Check it before you plead.
  • Timing: a restricted (work) licence must be applied for before the court disqualifies you, and a s 79E application must be filed within 21 days of an immediate suspension.

Queensland law · law checked 21 Oct 2026

What's on this page

Overview of the Queensland DUI court process

The process after a drink or drug driving charge can feel fast and confusing. You may be stopped, tested, charged and handed a notice to appear within a couple of hours. Then you are told to attend the Magistrates Court on a set date, and you are worried about fines, a criminal record and, above all, your licence.

This guide explains what happens at each stage in a Queensland Magistrates Court, what the magistrate will look at, and how to prepare. Most drink and drug driving matters in Queensland are heard by a magistrate, without a jury. The magistrate manages the case, takes your plea, and if you plead guilty, decides the sentence. Sometimes sentence happens at the first appearance. Often the case is adjourned so you can prepare material such as references, counselling evidence and affidavits for a work licence.

The earlier you get advice, the more time you have to organise that material before sentence.

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.

The typical timeline

Stage What happens Your priority
Roadside test Police conduct a breath test, or a saliva or blood test for drugs. A positive roadside test leads to an evidentiary test. Stay calm and polite. What you say can appear in the police brief.
Charge and notice to appear You are charged and given paperwork stating the court, date and time. Record the details. Missing court can lead to a warrant.
First mention The magistrate confirms the charge and asks for your plea. If you plead guilty and are ready, you can be sentenced that day. If you are not ready, ask for an adjournment to prepare.
Preparation You gather references, a letter to the court, counselling evidence, employment evidence and any work licence affidavits. Show remorse, insight and hardship with real evidence.
Sentence The magistrate decides the penalty, the disqualification, whether to record a conviction and any work licence. Be respectful and honest, and focus on how you will avoid reoffending.
After sentence The disqualification usually starts straight away. Follow every condition exactly.

Step 1: stopped, tested and charged

It usually begins with a random breath test, a crash or the way you were driving. If the roadside test is positive, police take you for an evidentiary breath analysis on an approved instrument. If you are in hospital, a blood sample may be taken. For drugs, police use a roadside saliva test followed by a further test and laboratory analysis or a saliva analysing instrument (TORUM s 80).

Police then decide the charge: low range, middle range, high range or under the influence for alcohol, or relevant drug present or under the influence for drugs. You are usually given a notice to appear naming the court, date and time.

Low range infringement notices. For some first-time low range drivers on an open Queensland licence, police can now issue an infringement notice instead of charging you. If you do not elect to go to court, a 2-month administrative disqualification follows, with no work licence (ss 79H–79J). If you elect to go to court, the process on this page applies.

Issue How it affects you
24-hour suspension Where your reading is under 0.10, police can suspend your licence for 24 hours (s 80(22AA)).
Immediate suspension until court For under the influence, 0.15 or more, middle range, failing to provide a specimen, dangerous driving while affected, or a charge while another is pending, your licence is suspended from the charge until the case is decided (s 79B). An eligible person can apply within 21 days for a s 79E order to keep driving until then. See immediate DUI suspension.
Bail Some people are released on bail with conditions. You must comply and attend court. Failing to appear is a separate offence.
Drug driving Drug driving charges follow a very similar process. Laboratory results can take time, so the first mention may be adjourned.

Step 2: the first mention

Your first appearance is called a mention. It is short. There are no witnesses. The magistrate confirms who you are and the charge, and asks whether you plead guilty or not guilty.

If you plead guilty and are properly prepared, the magistrate may sentence you that day. If you are not ready, for example because you need references or affidavits for a work licence, you or your lawyer can ask for an adjournment.

If you are ready on day one If you are not ready on day one
You can plead guilty and be sentenced. You can ask for the matter to be adjourned for sentence.
You can hand up your letter, references, counselling evidence and work licence affidavits. You get time to collect references, start counselling and prepare hardship evidence.
You can apply for a work licence that day, if eligible and your material is ready. You avoid being sentenced without supporting material.

Tell the court about a work licence now. A restricted (work) licence must be applied for before the court disqualifies you (s 87(2)). If you plan to apply, say so at the first mention so the matter is not finalised before you are ready.

Duty lawyer

If you do not have a lawyer, ask for the duty lawyer, where one is available. The duty lawyer can often explain the charge and penalty range, help you decide whether you are ready to plead, and ask for an adjournment.

Written pleas

Some minor matters can be dealt with by a written plea of guilty under s 146A of the Justices Act 1886. For drink and drug driving, and certainly if you want a work licence, you or a lawyer should expect to appear. You cannot apply for a work licence by written plea.

Step 3: preparing for sentence

The time between the first mention and sentence matters. This is when you build the material that can affect where your penalty and disqualification fall within the range, and support any work licence. Magistrates expect you to come prepared and to take the offence seriously.

Focus on three goals:

  1. Remorse and responsibility. Accept that drink or drug driving put others at risk.
  2. Steps taken. Show what you have already done to stop it happening again.
  3. Hardship. If relevant, show genuine hardship if you lose your licence, especially work-related hardship.

Helpful material includes:

  • A letter to the court. A sincere letter acknowledging the danger to the public and explaining what you have learned and changed. Avoid statements like "I felt fine to drive".
  • Character references. From employers, supervisors or respected community members who know about the charge and can say the behaviour is out of character. References must confirm that the writer knows about the charge.
  • Counselling or education evidence. Proof that you have started alcohol or drug counselling, or completed a traffic offenders program.
  • Employment and hardship evidence. Payslips, invoices, ABN records, letters from your employer.
  • Work licence affidavits. If you are applying for a work licence, these must be ready at sentence.
Good preparation Poor preparation
You accept fault and acknowledge the risk to the public. You minimise it ("I wasn't that bad").
You have started counselling or a program. You have done nothing except complain about being caught.
You have documents showing why driving matters to your work. You say you "need the car" with nothing to back it up.
You arrive on time, neat and with your documents filed. You arrive late, disorganised and argumentative.

The Queensland restricted (work) licence

Queensland law lets some eligible drivers keep driving for work after a drink or drug driving conviction. This is a restricted licence under s 87 of TORUM. It is not automatic. It does not let you drive for personal reasons. It is a limited exception to avoid losing your livelihood.

To be granted a work licence you generally need to show that:

  • you held a Queensland provisional or open licence at the time of the offence and immediately before the disqualification, and were not a zero-limit driver;
  • your offence is an eligible one: under the influence, 0.15 or more, and failing to provide a specimen are excluded;
  • you have no relevant suspension, disqualification or conviction in the 5 years before;
  • you were not driving as part of your work when the offence happened;
  • you are a fit and proper person to hold a restricted licence; and
  • refusal would cause extreme hardship by depriving you or your family of your means of earning a living.
What the court looks for Evidence commonly provided
Driving is essential to your work Employer affidavit confirming you must drive and cannot be moved to other duties (required if you are not self-employed)
Loss of livelihood Your affidavit about income, expenses, dependants and why you would lose your income
Responsibility and insight Counselling, programs, changed habits, transport planning
Correct timing Application and affidavits ready at sentence, before the disqualification is ordered

If granted, the order restricts driving to circumstances connected with earning your living, and can set times, purposes and vehicle classes. You are on a zero alcohol limit while driving under a restricted licence (s 79(2J)). A work licence for a middle range offence carries the interlock condition. See DUI restricted work licence.

The QP9 police brief

The QP9 is the Queensland police court brief. It usually includes:

  • the police version of events;
  • your breath, blood or drug result;
  • any admissions or statements police say you made; and
  • your traffic and criminal history.

The magistrate reads the QP9 and relies on it at sentence. Review it before you plead. If something is wrong or unfairly worded, your lawyer can raise it with the prosecutor and, if needed, the court. Do not walk into sentence without knowing what the brief says about you.

Step 4: sentence day

Sentence can happen at the first mention if you are ready, or at a later date. It usually runs like this:

  1. Your matter is called. You, and your lawyer if you have one, come forward.
  2. The prosecutor hands up the QP9 and your history, and outlines the facts.
  3. You or your lawyer confirm the guilty plea and make submissions about who you are, what happened, what you have done since, and where the penalty should fall in the range. If you are applying for a work licence, the application and affidavits are tendered.
  4. The magistrate may ask you questions, especially about what you have done to make sure it does not happen again.

The magistrate then sentences you. A sentence usually includes:

  • whether a conviction is recorded (Penalties and Sentences Act 1992 s 12);
  • a fine or other order;
  • the licence disqualification set by TORUM s 86; and
  • whether a work licence is granted and its conditions.

The court must take a guilty plea into account (Penalties and Sentences Act s 13). An early plea generally counts for more than a late one. For penalty ranges, see drink driving penalties in Queensland.

Step 5: after sentence

The sentence usually takes effect immediately unless the court says otherwise. If you are disqualified, you must not drive. If you were granted a work licence, you must not drive until TMR issues it, and then only within its conditions.

Before you leave the court, make sure you know:

  • how long you are disqualified;
  • when the disqualification starts and ends;
  • any work licence hours, areas and purposes; and
  • whether you will need an interlock when you get your licence back.

Jail is not common for a first low or middle range offence, but Queensland courts do consider imprisonment for very high readings, repeat offences and driving while disqualified, and it is mandatory in some repeat cases (s 79(1C)). The court's first concern is public safety.

Appeals

If you think the sentence was wrong, an appeal to a District Court judge must be filed within 1 month of the order (Justices Act s 222). Get advice quickly.

Getting your licence back

When the disqualification ends, you must apply to TMR for a new licence. It does not come back automatically. For listed offences, the new licence carries the interlock condition. See alcohol interlock laws in Queensland.

Step 6: court etiquette and speaking to the magistrate

How you present yourself affects credibility. Magistrates see many drink and drug driving cases. They are looking for genuine remorse, insight and respect for road safety.

Presentation

  • Arrive early.
  • Dress neatly. You do not need a suit, but look respectful.
  • Switch your phone off, not just to silent.
  • Remove hats and sunglasses. Do not chew gum or talk over anyone.

Speaking to the magistrate

  • Stand when you are spoken to and address the magistrate as "Your Honour".
  • Keep answers short and honest, focused on responsibility rather than excuses.
  • Show you understand that drink or drug driving is dangerous to the public, not just unlucky.
  • Explain what you have changed, for example "I've stopped drinking when I know I'll be driving the next day" or "I've started counselling".
Good courtroom behaviour Poor courtroom behaviour
Polite tone, remorseful language, organised paperwork Eye-rolling, interrupting, blaming police or bad luck
Taking responsibility and showing insight Minimising the risk or joking about it
Explaining practical changes Saying "I'll be fine next time" with no plan

If you plead not guilty

If you have a genuine defence, you can plead not guilty. The magistrate will then set the matter down for a summary hearing (a trial before a magistrate). Before that date:

  • the prosecution must give you disclosure of the evidence it relies on, including statements, certificates and body-worn camera footage;
  • if you intend to challenge the breath instrument, a laboratory result or a certificate, you must give the prosecution at least 14 days' written notice (TORUM s 80(26));
  • the court may hold further mentions to check that both sides are ready; and
  • witnesses, including police officers, may be required to attend.

At the hearing, the prosecution must prove every element of the charge beyond reasonable doubt. If you are found guilty after a hearing, you are sentenced in the usual way, but you do not receive the reduction for an early guilty plea. A work licence application can still be made at that sentence if you are eligible, so prepare the material in advance. For common issues, see drink driving defences in Queensland.

Checklist before your court date

  • Notice to appear: court, date and time recorded.
  • Licence status checked: is it suspended under s 79B, and is a s 79E application needed within 21 days?
  • QP9 and history obtained and read.
  • Decision made about plea, after advice.
  • Work licence eligibility checked, and the court told at the first mention if you will apply.
  • Letter to the court drafted.
  • Character references collected, each confirming the writer knows about the charge.
  • Traffic offenders program or counselling started or completed.
  • Employment and financial documents gathered.
  • Transport arranged to and from court, since you may leave disqualified.

How long does the process take?

A straightforward guilty plea can be finalised at the first mention, which is usually a few weeks after the charge. If the matter is adjourned for preparation or a work licence application, it may take a further few weeks. Drug driving matters can take longer, because laboratory results must be available. A defended hearing can take several months to be listed. Time spent under an immediate suspension can be taken into account at sentence (s 86(7)), but that is a matter for the court.

If you miss your court date

If you do not attend court when required, the magistrate can issue a warrant for your arrest or, for some matters, deal with the charge in your absence. Failing to appear while on bail is a separate offence. If you cannot attend because of illness or an emergency, contact the court registry and the prosecutor before the hearing, and provide evidence such as a medical certificate. A lawyer can often appear for you and ask for an adjournment.

Do not rely on interstate information

Much of what you read online about drink driving comes from other states. Queensland's offences, penalties, licence options and court names are different. A work licence, a s 79E order, the QP9 and the interlock rules described here are Queensland-specific. If you are charged in Queensland, use Queensland information.

Talk to a lawyer before court

The most useful time to get advice is before you stand up in front of the magistrate. Preparation can affect how the court sees you, where your penalty falls in the range and, if you are eligible, whether you keep driving for work. A lawyer can review the QP9, organise your material, draft affidavits and make submissions.

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

FAQs: the DUI court process in Queensland

Do I have to go to court for a first-time low range drink driving charge?

If you were charged and given a notice to appear, yes, you or a lawyer must attend. Some first-time low range drivers can now be given an infringement notice instead, but if you want to apply for a work licence you need to go to court.

What is a QP9 and why does it matter?

It is the police court brief: the facts, your reading and your history. The magistrate relies on it, so check it before sentence.

Can I keep driving for work after a DUI?

Possibly, with a restricted licence under s 87, if you are eligible and apply before you are disqualified. You need affidavits, and your employer's affidavit if you are employed.

Can I drive before my court date?

If your licence was not suspended, yes. If it was suspended under s 79B, only if you obtain a s 79E order and a replacement licence.

Can I be sentenced at my first court date?

Yes, if you plead guilty and are ready. You can ask for an adjournment to prepare.

Can I appeal my sentence?

Yes, to a District Court judge within 1 month of the order.

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.

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

Enquire about legal representation

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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