Being charged with drink driving can have serious and immediate consequences. Even for a first offence, you will be required to attend court and may face a fine, licence disqualification or, in more serious cases, imprisonment.
Understanding the process and obtaining legal advice early can help you prepare for court and protect your interests.
What is the legal alcohol limit in Queensland?
Your lawful blood or breath alcohol concentration (BAC) depends on the type of licence you hold and the vehicle you are driving.
Generally:
- Open licence holders must have a BAC below 0.05.
- Learner, provisional, probationary and restricted licence holders must have a BAC of 0.00.
- Drivers subject to an alcohol interlock condition must have a BAC of 0.00.
- Certain drivers must maintain a BAC of 0.00, including drivers of trucks over 4.5 tonnes, buses, taxis, rideshare vehicles while on duty, limousines, tow trucks and vehicles carrying dangerous goods.
Alcohol can continue to enter your bloodstream after you stop drinking. According to the Queensland Government, a person’s BAC may not reach its peak until 30 to 60 minutes after their last drink. Your BAC can also be affected by factors including your body weight, food intake, health, drinking habits, gender, the type of alcohol consumed and the period over which you drank.
You can read more about the applicable limits on the Queensland Government alcohol limits webpage.
Will I have to go to court?
Yes. If you are charged with drink driving in Queensland, you will be required to attend the Magistrates Court.
The magistrate will determine:
- How long you will be disqualified from driving;
- Whether a fine should be imposed; and
- Whether any further penalty, including imprisonment, is appropriate.
The outcome will depend on several factors, particularly your BAC reading, traffic history, previous drink-driving convictions and personal circumstances.
Penalties for a first drink-driving offence
The following maximum penalties apply to a first drink-driving offence as at 1 July 2026:
| BAC and driver category | Licence disqualification | Maximum fine | Maximum imprisonment |
|---|---|---|---|
| Over 0.00 but under 0.05 for learner, provisional or probationary licence holders | 3–9 months | $2,417 | 3 months |
| Over 0.00 but under 0.05 when driving a vehicle requiring a zero BAC | 1–9 months | $2,417 | 3 months |
| 0.05 or higher but under 0.10 | 1–9 months | $2,417 | 3 months |
| 0.10 or higher but under 0.15 | 3–12 months | $3,454 | 6 months |
| 0.15 or higher | At least 6 months | $4,835 | 9 months |
These are maximum penalties. The penalty imposed in an individual case will depend on its particular circumstances.
Queensland fines and penalties increased by 3.5% on 1 July 2026 under the Queensland Government’s annual indexation policy. Current figures are available from the Queensland Government’s drink-driving penalties page.
Will my licence be suspended immediately?
That depends on the alleged offence.
If your BAC is under 0.10, a licence suspension of at least 24 hours generally applies from the time your BAC is confirmed as exceeding the limit applicable to you.
Your licence may be suspended immediately until the charge is finalised if you:
- Are charged with a mid-range or high-range offence involving a BAC of 0.10 or higher;
- Refuse or fail to provide a breath or blood specimen;
- Are charged with dangerous operation of a vehicle while under the influence;
- Commit a low-range offence while an earlier drink-driving charge is still pending; or
- Commit a low-range offence while holding a replacement licence subject to an X4 condition following a section 79E order.
The immediate suspension generally continues until the charge is determined by the court, withdrawn or discontinued.
What happens if this is not my first offence?
Repeat drink-driving offences are treated more seriously. Depending on the circumstances, a repeat offender may:
- Have their vehicle impounded;
- Be disqualified from driving for up to two years;
- Receive a fine of up to $10,362; or
- Be sentenced to imprisonment.
Vehicle impoundment may apply where the driver records a BAC of 0.15 or higher or fails to provide a required breath or blood specimen.
Previous offences can significantly affect the penalty. It is therefore important to provide your lawyer with a complete and accurate traffic history.
Will I need an alcohol ignition interlock?
An alcohol ignition interlock is a breath-testing device connected to a vehicle’s ignition. The vehicle will not start unless the driver provides a breath sample showing no alcohol.
You may be required to participate in Queensland’s Alcohol Ignition Interlock Program if you are convicted of a high-risk drink-driving offence, including:
- Driving with a BAC of 0.10 or higher;
- Driving while under the influence;
- Failing to provide a breath or blood specimen;
- Dangerous driving while affected by alcohol; or
- Committing two or more drink-driving offences within five years.
A person who is required to participate but does not do so may be unable to drive for five years after their disqualification ends, subject to the applicable rules. Further information is available from the Queensland Government’s Alcohol Ignition Interlock Program.
What happens after the disqualification period?
Once your disqualification period ends, you must apply to have your driver licence reissued. You will generally receive a probationary licence, which must be held for at least one year.
Depending on the offence and your history, you may also need to:
- Complete an approved drink-driving education course; and/or
- Participate in the Alcohol Ignition Interlock Program.
Your licence is not necessarily restored automatically when the disqualification period expires. You should check the applicable requirements before driving again.
How can a lawyer assist?
A drink-driving charge can affect your employment, family responsibilities and ability to travel. A lawyer can:
- Explain the charge and possible penalties;
- Review the police material and BAC evidence;
- Identify any legal or procedural issues;
- Advise whether you may be eligible to apply for a restricted work licence;
- Help prepare supporting material for the court;
- Present submissions about your personal circumstances and the appropriate penalty; and
- Represent you at the court hearing.
Early preparation may make a meaningful difference, particularly where keeping your licence is important for your employment.
Speak with our traffic lawyers
If you have been charged with drink driving in Queensland, Law Lawyers & Associates can advise you about the court process, possible penalties and any available licence options.
Contact our team to arrange a consultation. With our “Service at Your Doorstep”, we can meet you at our Brisbane office or at a convenient location where appropriate.
This article provides general information only and does not constitute legal advice. Penalties and legal requirements may change. You should obtain advice about your individual circumstances.