Drink driving
It’s an offence to drive under the influence of alcohol.
Most people who are charged with drink driving offences plead guilty.
It’s difficult to successfully defend a drink driving charge, but not impossible.
If you’re considering pleading ‘not guilty’, you should contact a lawyer as soon as possible.
Pleading guilty
If you plead guilty, your sentence will include a penalty (usually a fine or a community-based order) and a disqualification (a period of time during which you will be disqualified from holding or obtaining a driver licence in Queensland).
Your penalty and the length of your disqualification will depend on factors such as:
- your blood alcohol concentration
- your criminal and traffic history—e.g. whether you’ve previously been convicted of drink driving
- the circumstances of your charge—e.g. whether you were charged following a random breath test or if the police stopped you for a reason related to the manner of your driving
- your personal history and character
- the impact of losing your licence
- any rehabilitation or driver education courses you have completed.
We can provide you an accurate estimate of the sentence that will be imposed prior to your court date.
Penalties
There are mandatory minimum disqualification periods for drink driving offences.
These periods depend on the reading and your history of drink driving offences in the past five years.
Over the no alcohol limit but under the general alcohol limit: 0.00 to 0.49
This is relevant to learner drivers, probationary and provisional licence holders, and people on the alcohol interlock program.
Maximum penalty
| First time offenders | 20 penalty units or six months of imprisonment |
| Previous offenders | 30 penalty units or 12 months of imprisonment |
Disqualification period
| Any prior offences less than 0.15 | Any prior offences greater than 0.15 | |
| First time offenders | Three to 18 months | Nine months minimum |
| Two previous offences | Six months minimum | 12 months minimum |
Over the general alcohol limit but under the middle alcohol limit: 0.05 to 0.09
Maximum penalty
| First time offenders | 14 penalty units or three months of imprisonment |
| Previous offenders | 30 penalty units or 12 months of imprisonment |
Disqualification period
| Any prior offences less than 0.15 | Any prior offences greater than 0.15 | |
| First time offenders | One to nine months | One to nine months |
| One previous offence | Three to 18 months | Nine months minimum |
| Two previous offences | Six months minimum | 12 months minimum |
Over the middle alcohol limit but under the high alcohol limit: 0.10 to 0.149
Maximum penalty
| First time offenders | 28 penalty units or nine months of imprisonment |
| Previous offenders | 60 penalty units or 18 months of imprisonment |
Disqualification period
| Any prior offences less than 0.15 | Any prior offences greater than 0.15 | |
| First time offenders | Six months minimum | Six months minimum |
| One previous offence | Nine months minimum | 12 months minimum |
| Two previous offences | 12 months minimum | 24 months minimum |
FAQs
Are people really sent to jail for drink driving offences?
Yes. If a person is convicted of three high-range drink driving offences within five years, the penalty must include a term of imprisonment.
Will I need to install an alcohol interlock device?
Alcohol ignition interlocks are wired into a car’s ignition, starter and electrical systems. The driver blows into the device and the car won’t start if any alcohol is detected.
Modern interlocks are very sophisticated. They’re designed to be difficult to tamper with or circumvent.
Interlocks can be installed on most vehicles that have an ignition, including cars, trucks and motorcycles.
The interlock program will apply to you if you are convicted of:
- a drink driving offence with a reading of 0.15 or higher
- failing to supply a breath specimen
- dangerous driving while affected by alcohol
- two drink driving offences (whatever the reading) within a five-year period.
You can find more information about interlock devices at the Queensland Transport website.
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