Drink driving offences

Penalties for drink driving offences are more serious for high-range and repeat offences. Get a copy of your traffic history from the Department of Transport and Main Roads before getting legal advice.

When you need legal advice

Get legal advice if you:

  • have been charged with a drink driving offence, especially for more than one offence within the past 5 years
  • want to contest charges for drink driving or failing to provide a breath or blood specimen
  • are considering applying for a section 79E or work licence
  • want to know the likelihood of successfully appealing a Magistrates Court decision to disqualify your licence.

How to get legal advice

When police pull you over

Police do not have to suspect you of being over the limit to request a random breath or blood specimen.

If police pull you over on the road, they may ask you to:

  • give your name and address
  • show your driver licence
  • take a breath test
  • organise a doctor to take a blood sample from you
  • take a breath test at a police station.

You are committing an offence if you:

  • do not give police your name and address
  • refuse a breath test within 3 hours of driving or being in charge of a vehicle
  • refuse a blood test within 3 hours of driving or being in charge of a vehicle.

You do not have the right to ask for a blood test instead of a breath test, unless you can give police a medical certificate showing you can’t supply a breath specimen when requested. If you are injured in a motor accident and taken to hospital, police will usually ask you to supply a blood specimen, rather than a breath specimen. You do not have the right to refuse to supply a blood specimen or ask to supply a breath specimen instead.

Alcohol and driving

Police will use a breathalyser to determine if you have alcohol on your breath. Breathalysers show your blood alcohol concentration (BAC).

Some drivers must have a zero BAC to drive legally.

It is against the law to drive with alcohol in your breath or blood when you:

  • have a learner, provisional (P1 or P2), probationary or restricted licence
  • have held a class RE motorcycle licence for less than a year
  • are learning to ride a class R motorcycle
  • drive a tractor or specially constructed vehicle
  • drive a truck, bus, articulated vehicle, road train, vehicle carrying dangerous goods, tow truck, pilot vehicle, taxi, limousine or driving instructor vehicle
  • are unlicensed.

All other drivers can have a BAC under 0.05%. You are ‘over the limit’ and breaking the law when you register 0.05% and over.

Driving under the influence

Police may charge you with drink driving or being 'in-charge' of a vehicle under the influence of alcohol if you have a BAC above the legal limit.

High-range offences

A BAC of 0.15% or higher is considered high-range drink driving and instant proof that you are over the limit.

In some situations, police may prove a driver is under the influence when their BAC is below 0.15%.

Driving under the influence is a more serious charge than being over the general alcohol limit.

Mid-range offences

It is a mid-range offence to drink drive or be in charge of a vehicle with a BAC of between 0.10% and 0.14%.

These offences are more serious than being over the general alcohol limit, but less serious than being under the influence.

Sleeping it off in your car

It is illegal to sleep in the front seats of your car. Even if you sleep in the back, you will have to prove, among other things, you did not intend to drive. Get legal advice.

Police do not have to see you drive. Being in your vehicle with a BAC over the limit puts you at risk of being charged with an offence.

Supervising a learner driver

If you are supervising a learner driver as an open licence holder, you are considered ‘in charge’ of the motor vehicle. You can’t have a BAC higher than the general limit. Police can charge you for drink driving, even though you are not the person operating the vehicle.

Losing your licence

Your licence will be automatically suspended for at least 24 hours if you are over the limit when police stop you.

It is illegal to drive during this time, even just to take your car home. If you attempt this and are over the limit, you could be charged a second time for drink driving and driving while suspended, which is a more serious offence. Even if you are under the limit and try to take your car home, you still risk being charged with driving while suspended.

For some drink driving offences, your licence will be automatically suspended until you go to court. These offences include:

  • driving or being in charge of a vehicle with a BAC of 0.10% or higher or under the influence
  • not giving police a breath or blood specimen for analysis
  • a second drink driving offence.

In these cases, it is illegal to drive before your court date. If you do, you could be charged with driving while suspended.

Sometimes it is possible to apply to the court for a special licence, called a section 79E, which allows you to drive before you go to court. Ask a lawyer if you are eligible for this. This option is only useful if you want to plead not guilty and have received legal advice that your case is likely to be successful.

Going to court

You will always be disqualified from holding or getting a Queensland driver licence if you:

  • are found guilty of drink driving
  • are found guilty of being in charge of a vehicle while being over the legal BAC limit
  • are found guilty of failing to give a breath or blood specimen for analysis.

The disqualification period will depend on your BAC level and previous offences.

You may go to jail if found guilty of driving with a high-range BAC level or repeat offences.

The court must include a jail penalty if you are convicted of 3 major offences within a 5-year period.

Handing in your licence

You should give your driver licence to the police prosecutor at court, or the Department of Transport and Main Roads, when the magistrate orders your disqualification from driving.

It is an offence to keep a cancelled driver licence. You could be fined for ignoring this road rule.

Driver education programs

Queensland Traffic Offenders Program

The Queensland Traffic Offenders Program is available to people who plead guilty to traffic offences, including:

  • drink driving
  • driving while disqualified
  • reckless driving.

It aims to raise driver understanding of road responsibilities and safety risks when disobeying traffic laws.

During sentencing, the magistrate may consider a change in attitude by the offender after participating in the program.

Fees apply. Find out more about the Queensland Traffic Offenders Program.

Drink driving education program

You must complete a drink driving education program before the Department of Transport and Main Roads will issue you with a new driver licence after your disqualification ends.

Alcohol ignition interlocks

For some drink driving offences, you will be ordered to participate in the AlcoholIgnition Interlock Program after your licence disqualification ends.

If you have recorded a BAC of 0.% or more and been granted a work licence, you will be required to participate in the interlock program as soon as you get your work licence.

How to get legal advice

We may give legal advice about drink driving offences and work licences. 

Other places to get legal advice:

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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