Drink driving law across Queensland

Which limit applies to you

The offence you are charged with depends first on which limit applies to you, and then on the reading.

• No alcohol limit, 0.00. Learner, P1, P2, probationary and restricted licence holders. Class RE motorcycle riders in their first twelve months. Drivers with an interlock condition. Drivers of trucks, buses, articulated vehicles, dangerous goods vehicles, taxis, tow trucks, pilot and escort vehicles and specially constructed vehicles.
• General alcohol limit, 0.05. Open licence holders driving an ordinary vehicle.
• Middle alcohol limit, 0.10. The threshold where the charge, the disqualification range and the interlock consequences all step up.
• High alcohol limit, 0.15. At and above this reading you are conclusively presumed under section 79(3) to have been under the influence of liquor.

A P plater at 0.02 is charged under section 79(2A) and faces a 1 to 9 month disqualification, with no restricted licence available. That surprises people who assume a low reading is a minor matter.

The consequences that are not negotiable

Four things follow a drink driving conviction regardless of who represents you.

1. Disqualification. Mandatory, with statutory minimums of 1, 3 and 6 months across the three tiers. No court can order less.
2. Immediate suspension at 0.10 and above. Under section 79B your licence goes on the day you are charged and stays gone until the charge is finalised, withdrawn or discontinued.
3. The interlock program. Triggered by a reading of 0.10 or more, a driving under the influence conviction, failing to provide a specimen, dangerous driving while affected by alcohol, or two or more drink driving convictions in five years. Minimum 12 months on the device.
4. The five year window. A second drink driving offence within five years lifts maximum penalties to as much as 60 penalty units or 18 months imprisonment, and eliminates any work licence.

What is negotiable is the length of the disqualification within the range, whether a conviction is recorded where the court has that discretion, and whether a restricted licence is granted.

Being in charge, and other things people do not realise are offences

Section 79 does not only cover driving. It covers attempting to put a vehicle in motion, and being in charge of a vehicle.

Sleeping in the driver’s seat with the keys accessible has produced convictions. So has moving a car a few metres in a car park. So has sitting in a stationary vehicle with the engine running to use the air conditioning.

Section 79 also applies to trams, trains and vessels, and section 79(7) covers driving an animal or a non-motor vehicle while under the influence, with a maximum of 40 penalty units or 9 months imprisonment.

There is a limited statutory defence available in some in charge cases. It is fact specific and it is worth raising before you plead.

Acting across Queensland courts

We are based on the Gold Coast and in Brisbane and appear regularly at Southport, Coolangatta, Beenleigh, Brisbane, Richlands and Holland Park. We take drink driving matters in other Queensland Magistrates Courts where the work justifies it, and we will tell you honestly when a local firm makes more sense for a straightforward plea in a distant court.

For the charge-by-charge detail, including the tier table, the defences and the interlock rules, see our drink driving and DUI page. For everything else on your licence, start at the traffic and licence law hub.