QLD Traffic Law FAQs

Police usually give you a Notice to Appear. It lists the charge, the Magistrates Court and the date and time you must attend. If you do not attend, the court can issue a warrant for your arrest or deal with the matter in your absence, so keep the notice and diarise the date. See our QLD DUI court process guide.

It depends on the charge. A 24-hour suspension applies where your reading is under 0.10. Your licence is immediately suspended, until the charge is dealt with, if you are charged with a middle range offence (0.10 or more), under the influence (including 0.15 or more), failing to provide a specimen, or dangerous driving while adversely affected (TORUM s 79B). A low range or drug charge can also lead to immediate suspension in some situations, for example if another drink or drug charge is still pending.

If your licence has not been immediately suspended, generally yes, once any 24-hour suspension has ended. Read your paperwork carefully. If it says your licence is suspended under s 79B, do not drive until the charge is dealt with. In some cases you can apply to the court to lift an immediate suspension; see appealing an immediate DUI police suspension.

Queensland law uses limits rather than ranges. The general alcohol limit offence ("low range") is 0.05 to under 0.10. The middle alcohol limit offence ("mid range") is 0.10 to under 0.15. A reading of 0.15 or more is the high alcohol limit and you are conclusively presumed to be under the influence (s 79(1), (3)). Some drivers are on a no alcohol limit.

For a first offence committed on or after 31 August 2026, the maximum is 20 penalty units ($3,454) or 3 months' imprisonment for low range, 28 penalty units ($4,835) or 6 months for mid range, and 40 penalty units ($6,908) or 9 months for under the influence, including 0.15 or more. Figures use the $172.70 penalty unit from 1 July 2026. See Queensland drink driving penalties.

It is uncommon for a genuine first offender, but it is possible, especially with a very high reading, a crash, injury or other aggravating features. Most first offenders receive a fine and a disqualification. Every case turns on its own facts.

You may be able to apply for a restricted (work) licence under TORUM s 87. It is available only to eligible drivers, for example those on an open licence convicted of a low or mid range offence who were not driving for work at the time. You must prove you are fit and proper and that refusal would cause extreme hardship to you or your family by depriving you of your means of earning a living. See DUI restricted work licence.

You file an application with an affidavit from you and, if you are employed, an affidavit from your employer about why you need to drive for work and what will happen if you cannot. The application is heard at your sentence, so the paperwork must be ready before then. Copies are usually served on the police prosecutor.

No. The application must be made at the sentencing hearing, before the court disqualifies you (s 87(2)). Once you are disqualified it is too late, which is why preparation before your court date matters.

Yes, if eligible. Instead of an employer affidavit you give evidence about your business: what driving it requires, why alternatives are not realistic and how losing your licence would deprive you of your livelihood. Financial records and evidence from clients can help.

At the first mention, the Magistrate checks who you are and asks how you intend to plead. If you plead guilty and are ready, you may be sentenced that day. If you need time to prepare, you or your lawyer can ask for an adjournment. If you plead not guilty, the matter is set down for a hearing.

You can ask the court for an adjournment, for example to get legal advice, gather character references, complete a traffic offender program or prepare work licence affidavits. Courts usually grant a short adjournment at the first mention, but do not assume a long one.

You do not have to have a lawyer, but advice early can make a practical difference, for example on whether a work licence is possible, what material to put before the court and whether to ask that no conviction be recorded. We cannot promise any outcome.

A QP9 is the police court brief. It sets out the facts police allege, your reading, and often your traffic history and any admissions you made. The Magistrate relies on it at sentence, so it is important to check that the facts are accurate.

Yes. You or your lawyer can ask the police prosecutions office for a copy before the first mention. If facts in it are wrong, raise this with the prosecutor before you plead.

For a first offence on or after 31 August 2026: 2 to 9 months for low range (1 to 9 months before that date), 3 to 12 months for mid range, and at least 6 months for under the influence, including 0.15 or more (TORUM s 86). Repeat offences carry longer periods. The court cannot go below the minimum.

Possibly. Under the Penalties and Sentences Act 1992 (Qld) s 12, the Magistrate decides whether to record a conviction, considering 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 work. A licence disqualification still applies either way.

Either way you have been found guilty. If a conviction is not recorded, it is generally not treated as a conviction for most purposes, including many employment checks (Penalties and Sentences Act s 12(3)). It still appears on your traffic history and can count for later traffic sentencing.

Possibly, if the court is persuaded that the s 12 factors favour it. Evidence about your employment, character and the effect of a conviction is important. See how to avoid a conviction for drink driving.

For the alcohol limit offences, how you felt does not matter. The offence is based on the concentration of alcohol in your breath or blood. Feeling fine may, however, be relevant to how the circumstances are presented at sentence.

There are two main offences. Driving with a relevant drug present in your saliva or blood (s 79(2AA)) needs only a positive test; the relevant drugs include cannabis (THC), methylamphetamine and MDMA. Driving under the influence of a drug (s 79(1)) requires proof of impairment and carries much higher penalties. See Queensland drug driving offences and penalties.

Police usually take a roadside saliva test. If it is positive, a second saliva sample is taken and sent to a laboratory for analysis. If the laboratory confirms a relevant drug, you are usually issued with a Notice to Appear later.

It can. If a medication affects your ability to control a vehicle, you may be charged with driving under the influence of a drug. Some medications also contain a substance that is a relevant drug. Always read the warnings and ask your doctor or pharmacist about driving.

Yes. Alcohol can still be in your system many hours after you stop drinking, and drugs can be detected for some time after use. Next-morning charges are common, and the amount of sleep you had does not change the reading.

It is a serious offence under TORUM s 78. Driving while disqualified by a court carries a mandatory further disqualification and possible imprisonment, and penalties increase for repeat offences. Do not drive until you are sure your licence has been restored.

A special hardship order lets an eligible driver keep driving, on conditions, after an open or provisional licence is suspended for a high-speed offence (more than 40 km/h over the limit) or for breaching a good behaviour period (Driver Licensing Regulation 2021). You apply to the Magistrates Court and must serve TMR at least 7 days before the hearing. See special hardship licence.

No. A special hardship order deals with certain TMR licence suspensions, such as high-speed and good behaviour period suspensions. A work licence under s 87 deals with a court disqualification for an eligible drink or drug driving offence. The eligibility rules and tests differ.

Yes. You can complete a traffic offender program, gather character references, keep evidence of your employment and responsibilities, and where relevant start counselling. These can show insight and steps to avoid reoffending, but they cannot reduce a mandatory minimum disqualification. See traffic offenders programs in Queensland.

If you have a lawyer, your lawyer usually speaks for you. If you are unrepresented, stand when you speak to the Magistrate, address them as "Your Honour", and keep your answers short and respectful.

Dress neatly and conservatively, as you would for a job interview. Turn your phone off and arrive early to find the courtroom and check the court list for your name.

The hearing of a simple plea is often short, but you may wait for some time before your matter is called. Allow most of the morning or day.

Some minor matters can be dealt with by a written plea, but a drink or drug driving charge usually involves a licence disqualification and the court will generally expect you or your lawyer to appear. Check your Notice to Appear and get advice before relying on a written plea.

Contact the court registry or a lawyer straight away. A warrant may have been issued, or the matter may have been dealt with in your absence. Acting quickly gives you the best chance to sort it out.

The Magistrate considers your reading or the drug involved, your traffic and criminal history, the circumstances of the driving, your plea, your personal circumstances and any steps you have taken, applying the Penalties and Sentences Act 1992 (Qld). The penalty must fall within the range the law sets.

A crash makes the offence more serious and usually leads to a longer disqualification and a higher fine. If someone was injured or property was damaged, you may also face charges such as dangerous operation of a vehicle. See dangerous driving in Queensland.

A restricted licence is a Queensland court order with conditions on when, where and why you can drive. Check with your lawyer before driving outside Queensland or outside the conditions, because breaching them is an offence.

Usually not. Many policies exclude cover where the driver was over the limit or driving unlawfully. Check your own policy and get advice about any claim made against you.

A conviction stays on your Queensland traffic history. A prior drink or drug driving conviction counts as a previous offence for sentencing if the new conviction is within 5 years of it. Whether it appears on a criminal history check depends on whether a conviction was recorded and the Criminal Law (Rehabilitation of Offenders) Act 1986.

Yes. An appeal from the Magistrates Court goes to the District Court under s 222 of the Justices Act 1886 and must be filed within one month of the decision. An appeal is not a rehearing on new evidence as of right, so get advice early.

You can appeal against the sentence, including the length of the disqualification, if it is manifestly excessive. A lawyer can assess whether an appeal has real prospects and what the risks are.

After an evidentiary breath test, police usually give you a printed copy of the breath analysis result. Keep it and give it to your lawyer, who can check that the test was done correctly (TORUM s 80(15)).

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

In most cases it is voluntary. Completing a recognised program before sentence can show remorse and insight, which the court can take into account, but it does not remove a mandatory minimum disqualification.

Your licence does not come back automatically. When the disqualification ends you apply to TMR for a new licence. TMR states you will be issued a probationary licence, which you must hold for at least 1 year, and you may need to complete a drink driving course or the interlock program.

That is disqualified driving under TORUM s 78. It is treated very seriously, carries a further mandatory disqualification and can lead to imprisonment, particularly for repeat offences.

After a conviction for a mid range offence, under the influence (including 0.15 or more), failing to provide a specimen, dangerous driving while affected by alcohol, or a repeat lower-range offence within 5 years (TORUM s 91I). You must hold a licence with the interlock condition for a 12-month prescribed period. See Queensland alcohol interlock laws.

It depends on the matter, for example whether you plead guilty, whether a work licence application is needed and how many court dates are involved. We explain how our costs are worked out and confirm them in writing before we start. See costs.

Yes, you can represent yourself. If you do, make sure you understand the process, especially the timing of any work licence application and the evidence needed to ask that no conviction be recorded.

If a conviction is recorded, it may appear on a criminal history check until it is spent. If a conviction is not recorded, it generally will not appear on a standard employment check, but it remains on your traffic history.

Get advice early, keep your Notice to Appear and any suspension notice, check whether you can lawfully drive, and start gathering references and employment evidence. The more time you have before court, the better you can prepare. Call 1300 941 900 or make an enquiry about legal representation.