Queensland Traffic Law QLD
In shortThis is the starting point for Boorman Lawyers' Queensland traffic law guides. Each guide explains one topic under Queensland law, mainly the Transport Operations (Road Use Management) Act 1995, with sources and the date checked. Queensland drink driving penalties changed for offences from 31 August 2026, and further drug driving changes start on 1 December 2026.
- Offences and penalties: drink driving, drug driving, in-charge and dangerous driving, with current maximums and disqualification periods.
- Keeping your licence: immediate suspension and s 79E orders, work licences under s 87, special hardship orders and interlocks.
- Going to court: the court process, traffic offenders programs, and whether a conviction must be recorded.
Queensland law · law checked 21 Oct 2026
What's on this page
Choose your Queensland traffic law topic
These guides explain Queensland law only, in plain English, for drivers and their families. Each one sets out the relevant sections, what they mean in practice, and the sources checked. If you have been charged in another state, the law there is different.
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.
Drink driving offences
What the general, middle and high alcohol limits mean, who is on a zero limit, how breath and blood testing works, and how a charge is decided. Start with drink driving offences in Queensland.
Drink driving penalties
Maximum fines and jail under TORUM s 79 and licence disqualification under s 86, for first, second and third offences, with the figures for offences from 31 August 2026. See drink driving penalties.
Drink driving defences
How conclusive breath certificates are, the 3-hour rule, the 14-day notice requirement, unlawful evidence and the limited role of Criminal Code defences. See drink driving defences.
Drug driving offences and penalties
The difference between driving under the influence of a drug and driving with a relevant drug present, the penalties, medicinal cannabis, and the changes due on 1 December 2026. See drug driving offences and penalties.
In charge while under the influence
You can be convicted without driving. This guide explains "in charge", the s 124(1)(k) presumption, the s 79(6) protection and the leading cases. See in charge while under the influence.
Dangerous driving
Dangerous operation of a vehicle under Criminal Code s 328A, its circumstances of aggravation and penalties. See dangerous driving.
Immediate suspension and s 79E orders
Which charges suspend your licence until court, and how an eligible driver can apply within 21 days to keep driving. See immediate DUI suspension.
DUI restricted work licence
Who can apply under s 87, the fit and proper and extreme hardship tests, the affidavits, and why you must apply before sentence. See DUI work licence.
Special hardship order
Driving during a high-speed or good behaviour period suspension, the eligibility rules and the hearing. See special hardship licence.
Alcohol interlock laws
Which offences trigger the interlock program, the 12-month prescribed period, exemptions and island rules. See alcohol interlock laws.
Avoiding a recorded conviction
How the court decides whether to record a conviction under s 12 of the Penalties and Sentences Act, and what a no-conviction outcome does not change. See no conviction for drink driving.
Court process guide
From the roadside to sentence: the notice to appear, first mention, the QP9, preparation and sentence day. See QLD DUI court process guide.
Traffic offenders programs
How voluntary programs are used at sentence and what they cannot do. See traffic offenders programs.
Courts, costs and common questions
Information about the Queensland courts we attend is at QLD courts we attend. Common questions are answered at QLD traffic law FAQs, and how legal costs work is explained on our costs page.
How Queensland traffic law fits together
Most Queensland drink and drug driving law is in one Act, the Transport Operations (Road Use Management) Act 1995 (TORUM):
| Topic | Main provision |
|---|---|
| Drink and drug driving offences and maximum penalties | s 79 |
| Immediate suspension when charged | s 79B |
| Driving until court (early hardship order) | s 79E and Driver Licensing Regulation 2021 regs 292–301 |
| Low range infringement notices | ss 79H–79J |
| Breath, saliva and blood testing; evidence | s 80 |
| Licence disqualification | s 86 |
| Restricted (work) licences | s 87 |
| Cumulative disqualification | ss 90B–90D |
| Alcohol interlocks | pt 3B, ss 91I–91VA |
| Special hardship orders | Driver Licensing Regulation 2021 ch 8 |
Sentencing principles, including whether to record a conviction, come from the Penalties and Sentences Act 1992. Dangerous driving is in the Criminal Code. Cases are usually heard in the Magistrates Court.
The 2026 changes in brief
- 31 August 2026: higher maximum fines for drink driving and for driving under the influence of a drug, and a first low range offence now carries 2 to 9 months' disqualification.
- 21 September 2026: low range infringement notices with a 2-month administrative disqualification began operating for some first-time drivers.
- 1 December 2026: higher maximum and minimum fines for relevant drug present offences, a new combined drug and alcohol offence, and a 2 to 9 month first-offence range for drug presence on an open licence.
Offences committed before a change are generally dealt with under the law at the time of the offence. Each guide explains the details, including how the changes apply to your offence date, and lists the primary sources checked.
Getting legal help
Every traffic matter turns on its own facts: the charge, the reading, the licence you held, your history and why you need to drive. Getting advice early gives you time to check the police brief, meet deadlines such as the 21-day limit for a s 79E application, and prepare for a work licence before sentence.
Call 1300 941 900 or make an enquiry about legal representation.
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Queensland traffic law FAQs
Can I get a work licence if I'm charged with drink driving in Queensland?
Possibly. A restricted licence under s 87 of TORUM may be available for an eligible low or middle range or drug presence offence on a provisional or open licence. You must apply before sentence and prove you are fit and proper and that refusal would cause extreme hardship by depriving you or your family of your means of earning a living.
What is a special hardship order in Queensland?
An order that 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) or for breaching a good behaviour period. You must prove extreme hardship or severe and unusual hardship.
What are the drink driving penalties in Queensland?
They depend on your reading, licence type and history. For a first offence from 31 August 2026: low range up to 20 penalty units or 3 months' jail; middle range up to 28 penalty units or 6 months; high range or under the influence up to 40 penalty units or 9 months. Repeat offences carry higher maximums.
How long will I lose my licence for drink driving in Queensland?
For a first offence from 31 August 2026: low range 2 to 9 months, middle range 3 to 12 months, and high range or under the influence an automatic 6 months, which the court can lengthen. Learner, P-plate and other zero-limit drivers and repeat offenders face longer periods.
Do you attend courts throughout Queensland?
We act in Queensland Magistrates Courts. See our courts page for details, and call to discuss your court.
What is a traffic offenders program and should I complete one?
A voluntary education course run by private or not-for-profit providers. Completing one before sentence can be evidence of insight and rehabilitation. It cannot reduce a mandatory minimum.
Can I avoid a criminal conviction for drink driving in Queensland?
It is possible. The court has a discretion under s 12 of the Penalties and Sentences Act, considering the nature of the offence, your character and age, and the impact of a conviction on you. Disqualification still applies.
What should I bring to my first appointment about a Queensland traffic matter?
Your notice to appear, the QP9 if you have it, your licence, any traffic history, employment letters or payslips, and documents about your circumstances such as medical reports or program certificates. If you do not have everything, a lawyer can help obtain the police documents.
Sources and date checked
Sources and references for this page, checked 21 Oct 2026.
- Transport Operations (Road Use Management) Act 1995 (Qld) (reprint current from 21 September 2026) — checked 21 Oct 2026
- Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 (Qld) — checked 21 Oct 2026
- Penalties and Sentences Act 1992 (Qld) — checked 21 Oct 2026
- Queensland Government – Drink driving: charged (last updated 31 August 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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