By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- Four limits: no alcohol at all for learners, P-platers, probationary and unlicensed drivers and professional drivers; 0.05 for open licences (0.05 itself is over); middle range from 0.10; high range from 0.15.
- First offence: from 0.05 to under 0.10, up to $3,454 or 3 months' jail and 2 to 9 months off the road; from 0.10 to under 0.15, up to $4,835.60 or 6 months and 3 to 12 months; at 0.15 or more, up to $6,908 or 9 months and at least 6 months. No first offence carries compulsory jail.
- New since 31 August 2026: police may give an eligible first-time low-range driver on an open Queensland licence a $1,295 ticket and a 2-month disqualification instead of court. The Government's penalties page still says you will go to court, so it is not clear how often police are issuing them yet.
- Repeat offences within 5 years: up to $12,434.40 or 18 months; jail is compulsory with two earlier serious convictions.
- Work licence: you must ask at sentencing, before you are disqualified. It is generally open only for a first offence from 0.05 to under 0.15 on an open licence, not driving for work, and only for extreme hardship to your livelihood.
- Suspended until court for middle and high range, under the influence and refusals. In narrow cases you have 21 days to ask a court to let you keep driving until the case ends.
- Interlock: after middle or high range, under the influence, a refusal or a repeat offence, 12 months of interlock driving, or no driving for 5 years after the disqualification ends.
- For a lawyer, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a Queensland lawyer for a fixed $295.
In Queensland, a first drink-driving offence from 0.05 to under 0.10 carries a fine of up to 20 penalty units ($3,454) or 3 months' jail and 2 to 9 months' disqualification, and since 31 August 2026 police may instead give an eligible first-time driver on an open licence a $1,295 ticket with a 2-month disqualification, under the Transport Operations (Road Use Management) Act 1995.
Checked on 22 October 2026 against the Transport Operations (Road Use Management) Act 1995 (reprint current as at 21 September 2026), the Driver Licensing Regulation 2021, the State Penalties Enforcement Regulation 2014, the Penalties and Sentences Act 1992 and its 2025 Regulation (penalty unit $172.70 from 1 July 2026), the Police Powers and Responsibilities Act 2000, and the Queensland Government's and Legal Aid Queensland's pages. The law changed on 31 August 2026 and changes again on 1 December 2026; fines rise each 1 July with the penalty unit.
The four limits
| Limit | Level | Applies to |
|---|---|---|
| No alcohol | Any alcohol above zero | Learners, P-platers, probationary and unlicensed drivers; drivers on a work licence, a court order to keep driving or an interlock; truck, bus, taxi, rideshare, tow truck and similar drivers; new motorbike riders |
| General | 0.05 or more | Open licence holders |
| Middle | 0.10 or more | Everyone |
| High | 0.15 or more | Everyone. A high-range reading is charged as driving under the influence, because the driver is presumed to have been under the influence |
Each offence covers driving, trying to start, or being in charge of a vehicle.
First offence: fines, jail and disqualification
| Offence | Maximum fine | Maximum jail | Disqualification |
|---|---|---|---|
| Learner, P-plater or unlicensed driver, above zero but under 0.05 | 20 penalty units ($3,454) | 3 months | 3 to 9 months |
| Open licence in a zero-limit vehicle, above zero but under 0.05 | 20 penalty units ($3,454) | 3 months | 1 to 9 months |
| 0.05 to under 0.10 (general) | 20 penalty units ($3,454) | 3 months | 2 to 9 months, or a ticket (below) |
| 0.10 to under 0.15 (middle) | 28 penalty units ($4,835.60) | 6 months | 3 to 12 months |
| 0.15 or more (high), or under the influence | 40 penalty units ($6,908) | 9 months | At least 6 months, automatically |
| Above zero while on a work licence, a court order to keep driving, or an interlock | 26 penalty units ($4,490.20) | 6 months | Within the ranges in section 86(2) |
- No first offence carries compulsory jail. A court can always disqualify for longer than the range, or absolutely (section 86(5)).
- For a learner or P-plater reading 0.05 to under 0.10, the Act's provisions point both to 3 to 9 months and to 2 to 9 months; the Queensland Government's table shows 2 to 9.
The low-range ticket (since 31 August 2026)
- Who: a driver reading 0.05 to under 0.10, on an open Queensland licence, not in a zero-limit vehicle or under an interlock, who has not committed a drink-driving offence in the 5 years before (section 79H).
- What: a fine of 7.5 penalty units, rounded down to $1,295, and a 2-month disqualification, starting on a day at least 21 days after the notice is given.
- Going to court instead: you can elect to have the matter heard in court, which cancels the ticket; the court range of 2 to 9 months then applies. A ticket counts as a conviction if you offend again.
- The Queensland Government's penalties page, updated on 31 August 2026, still says that if you are caught drink driving you will have to go to court. It is also not settled whether a driver who accepts a ticket can apply for a work licence.
Repeat offences within 5 years
The penalties rise if you have a drink-driving conviction in the 5 years before the new conviction. "Serious" earlier offences are high range, under the influence, refusals, indictable driving offences and dangerous driving; "lower" ones are middle range, general, zero-limit and drug driving.
| New offence | Earlier conviction or convictions | Maximum fine or jail | Automatic disqualification |
|---|---|---|---|
| High range, under the influence, or a refusal | 1 serious | 72 penalty units ($12,434.40) or 18 months | 1 year |
| High range, under the influence, or a refusal | 2 serious | Jail is compulsory | 2 years |
| High range, under the influence, or a refusal | 1 lower | 42 penalty units ($7,253.40) or 1 year | 9 months |
| High range, under the influence, or a refusal | 2 or more lower | 72 penalty units ($12,434.40) or 18 months | 1 year |
| Middle range, general or zero-limit | 1 lower | 28 penalty units ($4,835.60) or 6 months | 3 to 18 months |
| Middle range, general or zero-limit | 2 or more lower | 36 penalty units ($6,217.20) or 9 months | 6 months |
| Middle range, general or zero-limit | 1 serious | 42 penalty units ($7,253.40) or 1 year | 9 months |
| Middle range, general or zero-limit | 1 lower and 1 serious | 72 penalty units ($12,434.40) or 18 months | 1 year |
- With two earlier serious convictions, the court must impose jail as all or part of the punishment (section 79(1C)). Legal Aid Queensland puts it this way: the court must include a jail penalty if you are convicted of 3 major offences within a 5-year period.
- Any automatic period can be made longer, or absolute.
- Your car: high range and refusals are vehicle offences under the police powers law. A second within 5 years means 7 days' impoundment; a third, 90 days; after a fourth, the vehicle becomes the property of the State.
Suspension before court
- 24 hours: your licence is suspended for 24 hours after a reading over the limit or a refusal (section 80(22AA)). The Queensland Government says this applies where your reading is under 0.10. Driving during it carries up to 14 penalty units ($2,417.80) or 1 year, and 6 months' disqualification.
- Until court: if you are charged with high range, under the influence, middle range, a refusal or dangerous driving while affected, or with a lower-range charge while another drink-driving charge is pending, your licence is suspended from when you are charged until the court deals with the charge or it is withdrawn (section 79B).
- The 21-day rule: a court may let you keep driving until the case ends only if your suspended licence is an open licence and you apply within 21 days after the suspension (Driver Licensing Regulation 2021). It is not available if you have another drink-driving charge pending, were driving for work, were in a zero-limit vehicle, or had a suspension or relevant conviction in the past 5 years. The court must find you a fit and proper person, find no unacceptable risk, and find extreme hardship to your earning a living, or severe and unusual hardship to you or your family in another way.
- At sentence, the court may take into account the time you have already spent suspended or disqualified, but it does not have to (section 86(7)).
Work licences
- When: only at sentencing, before the court disqualifies you, "and not otherwise" (section 87(2)). The Queensland Government says to give your application to the magistrate after you have been found guilty and before you are disqualified.
- The test: you must be a fit and proper person, and a refusal must cause extreme hardship to you or your family by depriving you of your means of earning your livelihood. You need an affidavit from your employer unless you are self-employed.
- Who cannot get one: anyone charged with high range or under the influence (and a refusal is treated as that same offence, section 80(11)); learners, P-platers, unlicensed and professional zero-limit drivers; anyone without an open licence; anyone who offended while doing something directly connected with earning their living; and anyone with a drink- or dangerous-driving conviction, or a suspension or disqualification other than listed exceptions, in the past 5 years.
- In practice: a first offence from 0.05 to under 0.15, on an open licence, not while working.
- The cost of getting one: it lets you drive only in circumstances directly connected with earning your livelihood, at zero alcohol, and a middle-range offence still carries the interlock. The maximum disqualification the court can impose doubles. Breaching it carries 20 penalty units ($3,454), cancellation and 3 more months' disqualification.
- Special hardship orders apply only to demerit-point suspensions and suspensions for speeding more than 40 km/h over the limit, never to drink driving.
The alcohol interlock
- Who: anyone convicted and disqualified for high range, under the influence, middle range, a refusal, dangerous driving affected by alcohol, or a general or zero-limit offence committed within 5 years of an earlier drink-driving conviction. Not a first offence from 0.05 to under 0.10.
- How long: 12 months of driving only a nominated vehicle with an approved interlock. If you do not take part, you cannot drive until 5 years after your disqualification ends.
- Extensions: alcohol detected, or a lockout for a missed service, in the last 4 months moves the end date to 4 months after that event.
- Cost: the Queensland Government says it costs about $2,600 to have an interlock installed in your vehicle for 12 months.
- Exemptions: living more than 150 kilometres from an installer, living on an island with no bridge, a medical condition, or narrow cases of severe hardship. The Government says an exemption will not be granted because you cannot install the interlock for employment, educational or financial reasons.
- Driving without one: 28 penalty units ($4,835.60), or 60 penalty units ($10,362) for a second offence within 5 years, plus 3 or 6 months' compulsory disqualification.
Refusing a breath or blood test
- At the station, or a blood test: a refusal is treated as the same offence as high-range drink driving and carries the same punishment: up to 40 penalty units ($6,908) or 9 months, at least 6 months' disqualification, suspension until court, and the interlock (section 80(11)).
- A roadside screening test: up to 40 penalty units ($6,908) or 6 months (section 80(5A)).
- Defence: a doctor's certificate, or a reason of a substantial character other than a wish to avoid giving evidence.
How the 5-year look-back works
Earlier offences count if they fall within 5 years, but the 5 years are measured in different ways. For penalties and disqualification, the court looks at convictions in the 5 years before the new conviction; the ticket looks at offences committed in the 5 years before; and the interlock looks at an offence committed within 5 years after the earlier conviction. A "conviction" includes a finding of guilt or a guilty plea accepted without a conviction being recorded, and paying a ticket.
No conviction recorded
A Queensland court can decide not to record a conviction (Penalties and Sentences Act 1992, section 12). The disqualification still applies whether or not any other sentence is imposed (section 86(6)), and the finding still counts against you if you offend again. Section 19B, sometimes mentioned online, is a Commonwealth provision for federal offences and does not apply to Queensland drink driving.
Coming on 1 December 2026: minimum fines
From 1 December 2026, if a court imposes only a fine, it must impose at least the minimum fine for the offence: 10 penalty units ($1,727) for high range or under the influence, 9 penalty units ($1,554.30) for middle range, and 7.5 penalty units ($1,295.25) for general and zero-limit offences, with higher minimums for repeat offences. The same law creates a new offence of driving with both alcohol and a drug in your system.
What to do now
- Check what you were given: a ticket, a notice to appear in court, or a charge, and the date on it.
- If your licence was suspended until court and you hold an open licence, note the 21-day limit for asking a court to let you keep driving.
- If you may want a work licence, prepare the application and your employer's affidavit before your court date: it must be made at sentencing, before you are disqualified.
- Do not drive while suspended or disqualified.
- Get advice: free from Legal Aid Queensland on 1300 65 11 88, or from a lawyer of your own on 1800 577 015 at any hour.
Free legal help in Queensland
- Legal Aid Queensland on 1300 65 11 88, 8:30am to 4:30pm Monday to Friday, excluding public holidays.
- A duty lawyer at the Magistrates Court: Legal Aid Queensland describes the duty lawyer as a free lawyer who may be able to help on your court date.
- Young people: the Youth Legal Advice Hotline on 1800 527 527, 8am to 9pm Monday to Thursday, and from 8am Friday to 5pm Sunday.
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in Queensland is a fixed $295, by phone, video or in person. The lawyer can check whether the charge and the reading can be proved, advise whether to accept a ticket or go to court, and tell you whether a work licence or a court order to keep driving is open to you and how to prepare it in time. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation with a Queensland lawyer.
General information only, not legal advice. Updated 22 October 2026. Checked against the Transport Operations (Road Use Management) Act 1995 (Qld), reprint current as at 21 September 2026 (sections 79 to 79J, 80, 86, 87, 91I to 91W and schedule 4), the Driver Licensing Regulation 2021, the State Penalties Enforcement Regulation 2014, the Penalties and Sentences Act 1992 and the Penalties and Sentences Regulation 2025, the Police Powers and Responsibilities Act 2000, the Queensland Government's drink-driving, interlock and restricted licence pages, and Legal Aid Queensland's drink-driving pages (updated 16 October 2026), on 22 October 2026.