Is drink driving a criminal offence?
No, it’s not. It’s a traffic offence, and any conviction appears on your traffic history only.
Drink and drug driving offences are becoming more and more common, as police frequently intercept vehicles for random or targeted breath and saliva testing. Inevitably, the results are hard to argue against, which then means you must face court to be sentenced for the charge and face the loss of your licence.
What is the maximum penalty for drink or drug driving in Queensland?
Drink and drug driving offences are set out in section 79 of the Transport Operations (Road Use Management) Act 1995 (Qld). The maximum penalty depends on your reading, or whether a drug was present, not on how you were driving. As at 1 July 2026, when the penalty unit rose to $172.70, the maximum penalties for a first offence are:
| Offence | Maximum penalty |
|---|---|
| Relevant drug present in saliva, or over the no alcohol limit (learner, probationary or provisional licence holders, unlicensed drivers, and drivers of trucks, buses, taxis and some other regulated vehicles) | 14 penalty units ($2,417.80) or 3 months’ imprisonment |
| Over the general alcohol limit (0.05% to 0.099%) | 14 penalty units ($2,417.80) or 3 months’ imprisonment |
| Over the middle alcohol limit (0.10% to 0.149%) | 20 penalty units ($3,454) or 6 months’ imprisonment |
| Under the influence of liquor or a drug, which includes any reading over the high alcohol limit (0.15% or higher) | 28 penalty units ($4,835.60) or 9 months’ imprisonment |
A second offence of the same kind within 5 years increases the maximum: to 60 penalty units ($10,362) or 18 months’ imprisonment for driving under the influence, and to 20 penalty units ($3,454) or 6 months’ imprisonment for the lower ranges. If you are convicted of driving under the influence and, within the preceding 5 years, you have two prior convictions for driving under the influence, dangerous operation of a vehicle or another indictable driving offence, the court must impose imprisonment as part of the sentence.
Each charge also carries a minimum licence disqualification, which for most people is the part that matters most. The current minimums are set out under “How long will I lose my licence for?” at the end of this page.
⚠ The law is changing. On 26 June 2026 the Queensland Government introduced the Transport and Other Legislation Amendment Bill 2026, intended to take effect from 1 December 2026. The Bill would make these changes:
- For drug driving (a relevant drug present in saliva), the maximum fine doubles to $4,835 and the minimum licence disqualification doubles from 1 month to 2 months.
- A new combined drink and drug driving offence is created, carrying a fine of up to $5,699 and a minimum 3 month disqualification. Where the alcohol reading is over 0.099%, a drink driving education program and the interlock program are added.
- Minimum court-imposed fines are introduced for drink and drug driving (there are currently none).
- Drug drivers will need to complete an education program before getting their licence back.
- The minimum disqualification periods for drink driving on its own are not changed.
The Bill had not passed Parliament as at 17 August 2026, so the penalties and disqualification periods above remain the current law. We will update this page when, and if, the Bill is enacted.
Sentencing for drink and drug driving charges
There are a number of factors which are out of your control, such as which court your charge is heard at, or which Magistrate hears your case on the day. But what you can control is who your lawyer is. Experienced advice and carefully prepared submissions are what put the minimum penalty within reach.
Drink driving lawyers: why you shouldn’t represent yourself
The minimum periods of disqualification are all set in stone and there is nothing the Magistrate or your lawyer can do to reduce them. So why use a lawyer then? Because you aren’t guaranteed to get the minimum. Our job is to give the court every reason to impose the minimum disqualification and the minimum penalty, and we prepare your case with exactly that in mind.
To achieve this, we use our connections with facilitators of road safety programs such as QTOP, as well as forensic psychologists and psychiatrists, and piece them together with personal references and carefully crafted submissions to the court. If you’re concerned about a conviction on your traffic history, such as registered Doctors or Nurses, or if you have plans to travel overseas to countries such as Canada and the UK, then we also address this to ensure that your future is not jeopardised by a mistake.
Why you should choose George Criminal Lawyers
We have over a decade of experience in representing clients charged with drink and drug driving from the lowest end of the scale, right up to some of the highest readings the courts have seen. Our primary goal is to have your licence disqualified for the shortest possible period, and any punishment reduced to take into account your personal situation. If you’re a repeat offender and looking at jail time, our job is to build the strongest possible case for keeping you out of custody, and that work starts the day you call.
Frequently asked questions
Can I apply for a work licence?
The criteria you must meet is as follows:
- For drink driving charges, your reading must be under 0.15%
- You must have an open licence
- You can’t have lost your licence in the past 5 years for a similar offence or because of an accumulation of demerit points
- You must also need your licence to work; it’s not enough that it’s inconvenient getting to and from work. You have to be able to demonstrate extreme financial hardship if you’re not allowed to drive.
For drug driving charges (driving with relevant drug present in saliva), there’s no percentage to worry about. It’s either in your saliva and you can apply, or you’re charged with being under the influence of a drug, which means you can’t apply.
To get advice on whether you are eligible and to assist you applying, check out our Work Licences page or contact us.
Why do I need a lawyer?
There’s no guarantee you will receive the minimum disqualification, or the lowest possible penalty. If you’re happy to spend extra months off the road or pay higher fines, then go for it. Otherwise, give us a call and we will help you out.
Will I need to install an interlock?
The interlock program applies to anyone who is convicted of any of the following offences:
- Driving under the influence of alcohol
- Drink driving with a blood/breath alcohol concentration (BAC) of 0.10 or more
- Failing to provide a blood/breath specimen for analysis
- Dangerous driving while affected by alcohol
- 2 or more drink driving offences (regardless of the reading) within 5 years
How long will I lose my licence for?
This depends on your reading, whether you’re on an open licence or not, and any prior history you might have. Generally, you will lose your licence for a minimum of:
- 1 month for drug driving or low range drink driving (0.05-0.099)
- 3 months for mid-range drink driving (0.1-0.149)
- 6 months for high-range drink driving or driving under the influence of drugs (0.15 and higher)
A Bill currently before Parliament would double the drug driving minimum to 2 months from 1 December 2026; see the “law is changing” note earlier on this page. The drink driving minimums are not affected.
Real client outcomes
Sentence: High Range Drink Driving (0.281)
Sentence: Drug Driving on a Provisional Licence
Worried about what happens next?
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