QUEENSLAND

No Conviction for Drink Driving QLD

In shortA Queensland court can decide not to record a conviction for a drink or drug driving offence under section 12 of the Penalties and Sentences Act 1992. It must consider the nature of the offence, your character and age, and the impact on your wellbeing and employment. Licence disqualification still applies, and the offence still counts for repeat offences.

The test: all the circumstances, including the nature of the offence, your character and age, and the impact of a conviction on your economic or social wellbeing or chances of employment (PSA s 12(2)).
What it changes: a conviction not recorded is generally not a conviction for any purpose and is kept off most records (s 12(3)).
What it does not change: the licence disqualification still applies (TORUM s 86(6)), and the offence counts as a previous conviction for later drink or drug driving offences (s 12(4)(b)).

Queensland law · law checked 21 Oct 2026

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What's on this page

Why a recorded conviction matters

A drink or drug driving offence in Queensland is a criminal offence. If the court records a conviction, it becomes part of your criminal history. That can matter for:

employment, particularly in transport, education, health, security, finance and law;
occupational licences and registrations;
visas and travel to some countries; and
insurance and finance applications.

For many people, especially those charged for the first time with a lower-level offence, whether a conviction is recorded matters as much as the fine.

The law: section 12 of the Penalties and Sentences Act 1992

Section 12 gives Queensland courts a discretion to record or not record a conviction. It applies after you plead guilty or are found guilty. The magistrate must have regard to all the circumstances of the case, including:

the nature of the offence;
your character and age; and
the impact that recording a conviction will have on your economic or social wellbeing, or your chances of finding employment.

No single factor decides the question. A low reading, a clean history and a clear employment impact help, but the court can still record a conviction if it considers that appropriate, for example because of the reading, the manner of driving or a crash.

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 does "no conviction recorded" mean?

You are still found guilty of the offence. But under s 12(3), unless another law says otherwise, a conviction that is not recorded:

is taken not to be a conviction for any purpose; and
must not be entered in any records except the court's records and your criminal history (for limited purposes).

A government department, prosecuting authority or your legal representative may still record it where necessary for their functions (s 12(3A)). Whether it shows up on a particular check depends on the type of check and the agency doing it. Some employment screening, such as working with children checks, can see more than a standard police certificate. The offence also remains on your traffic history held by TMR.

What a no-conviction outcome does not change

Licence disqualification still applies. The disqualification under TORUM s 86 happens because of the offence, and applies whether or not a conviction is recorded and whatever other penalty is imposed (s 86(6)).
It counts for later offences. For later proceedings, including sentencing for a later offence, a no-conviction outcome has the same effect as a recorded conviction (s 12(4)(b)). So it can move a later drink driving offence into the repeat-offence penalty bracket and trigger the interlock program.
Other orders can still be made. The court can still impose a fine and make other orders it could make because of the offence (s 12(4)(a)).

When is a no-conviction outcome more likely?

No offence type automatically qualifies for, or is automatically excluded from, a no-conviction outcome. Courts tend to consider:

whether this is your first offence of any kind;
the reading, and whether it was low range, middle range or higher;
the manner of driving, any crash, and the risk to others;
your age, work history and references;
specific evidence of how a conviction would affect your work, career or travel;
remorse and insight, and an early guilty plea; and
steps you have taken, such as a traffic offenders program or counselling.

Higher readings, under the influence charges and repeat offences make a no-conviction outcome less likely, because of the nature of the offence and the need for deterrence.

How to ask for a no-conviction outcome

There is no separate application form. The request is made in your submissions at sentence. Material that helps includes:

a letter from your employer explaining what a conviction would mean for your job;
evidence from a professional or licensing body about disclosure requirements;
character references from people who know about the charge;
a traffic offenders program certificate or counselling report; and
your own explanation of the circumstances, if appropriate.

The material needs to be specific. A general statement that a conviction "might affect" work carries little weight. Evidence that it would end a particular job or block a career path is more persuasive.

Example

A 24-year-old graduate nurse pleads guilty to a first low range drink driving offence. She has no criminal or traffic history, completed a traffic offenders program, and provides a letter from her registration body and employer about disclosure. Her lawyer asks the court not to record a conviction. The magistrate considers the s 12(2) factors and decides; the disqualification under s 86 applies either way. This example is illustrative only.

Penalties that can apply without a conviction

The court can still:

impose a fine;
make a good behaviour order or probation order, or a community service order, where those orders are available for the offence; and
the licence disqualification under TORUM s 86 applies.

See drink driving penalties in Queensland and drug driving offences and penalties.

Spent convictions

If a conviction is recorded, it may become spent after a period under the Criminal Law (Rehabilitation of Offenders) Act 1986, generally 5 years for a conviction in the Magistrates Court where no imprisonment or only a short term was imposed, if you are not convicted again in that time. Spent convictions still have to be disclosed in some situations.

Appealing if a conviction is recorded

If you think the court was wrong to record a conviction, you can appeal to a District Court judge under s 222 of the Justices Act 1886. The appeal must be filed within 1 month of the order. Get advice quickly.

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

Video: no conviction for DUI in Queensland

A short clip from Boorman Lawyers TV. Find more at BoormanLawyers.tv .

No Conviction for DUI QLD - Boorman Lawyers TV This video was published before 31 August 2026, when Queensland drink driving penalties changed, so the penalties discussed may not reflect current law.

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FAQs: no conviction recorded for drink driving in Queensland

Can I get a no conviction recorded for a drink driving charge?

It is possible. The court has a discretion under s 12 and weighs the nature of the offence, your character and age, and the impact of a conviction on you.

Does no conviction mean my licence won't be disqualified?

No. The disqualification under TORUM s 86 applies whether or not a conviction is recorded.

Will a no-conviction outcome appear on a police check?

It is generally not treated as a conviction, but whether a particular check shows it depends on the check and the agency. It stays on your TMR traffic history.

Does it count if I am charged again?

Yes. For later proceedings it has the same effect as a recorded conviction.

Do I need a lawyer to ask for no conviction?

You can ask yourself, but specific evidence and submissions on the s 12(2) factors make the request more effective.

Can I appeal if a conviction is recorded?

Yes. An appeal to a District Court judge must be filed within 1 month of the order (Justices Act s 222).

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.

Penalties and Sentences Act 1992 (Qld) – s 12 — checked 21 Oct 2026
Transport Operations (Road Use Management) Act 1995 (Qld) – ss 79, 86 (reprint current from 21 September 2026) — checked 21 Oct 2026
Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) — checked 21 Oct 2026
Justices Act 1886 (Qld) – s 222 (appeal to a District Court judge within 1 month) — 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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