Mid range drink driving in Queensland

Where the band sits

Once you are over the general alcohol limit of 0.05 in Queensland, there are three bands. Low range runs from over 0.05 to under 0.10.

Mid range starts at 0.10 and runs to under 0.15. Above that, the charge becomes driving under the influence of liquor, dealt with in our high range guide.

Indicative examples of readings in this band include an 80kg man who has consumed seven standard drinks in two hours, a 60kg woman who has consumed five in two hours, a 100kg man who has consumed eleven over five hours, and an 80kg woman who has consumed nine over six hours. Individual readings vary considerably.

The most common way people land here is a long lunch or an extended evening. The total volume is high but it accumulated slowly, so it never felt like heavy drinking. Your body does not clear alcohol fast enough to keep up with a sustained intake, which is exactly how a reading builds without you noticing.

At a reading between 0.10 and 0.15 most people show identifiable effects: slurred speech, impaired vision, poor coordination and altered mood. Some experience nausea or vomiting. It typically takes six to ten hours to return to zero after the last drink, which is why the following morning is a genuine risk.

Your licence goes immediately

This is the main practical difference from low range.

A mid range reading results in an immediate suspension that continues until the charge is withdrawn or dealt with by the court. That is not 24 hours. It is however long it takes to get to your court date, which is commonly several weeks.

On conviction for a first mid range offence, the disqualification is between 3 and 12 months, and the applicable range depends on your class of licence. Where you sit within it depends on the reading, your traffic history and what the court is told.

Because your licence is suspended from the outset, you are not eligible for a section 87 work licence for a mid range offence. Some people become eligible for a special hardship order in different circumstances, and there is a strict 21 day time limit on that application, so get advice quickly rather than after your licence has already gone.

Fines and imprisonment

Beyond the licence consequences, a first mid range offence carries a maximum of 20 penalty units or 6 months imprisonment.

Penalty units are indexed on 1 July each year, so use the current value rather than a dollar figure from older material.

Court and representation

A mid range charge must be dealt with in the Magistrates Court unless the charge is withdrawn. There is no infringement pathway.

Because imprisonment is available and the disqualification range is wide, this is a matter where representation makes a measurable difference. The gap between three months and twelve months off the road is large, and what the court hears about your circumstances is what moves you within that range.

A lawyer can also review whether the charge is sound. The certificate of analysis, the interval between driving and testing, and whether you were in charge of the vehicle at the relevant time are all worth examining.

There is a less tangible benefit as well. The court process is unfamiliar and stressful, and having someone who knows the procedure speak for you takes most of that away.

Conviction

There is a strong likelihood a traffic conviction will be recorded for mid range drink driving.

The offence is treated as serious, particularly where there was a collision, an incident, a passenger, or anything about the manner of driving that concerned police.

A recorded conviction can affect employment checks, overseas travel and professional registration. If any of those apply to you, raise it at the first appointment so the point can be argued properly rather than mentioned in passing.

What makes it worse

The aggravating factors set out in our low range guide apply here too, and they bite harder at this level.

The one worth singling out is driving while suspended. A mid range charge means your licence is gone from the day of the reading, and people forget, or convince themselves a short trip is fine. It is a separate offence carrying up to 40 penalty units or 12 months imprisonment, and it removes most of what could otherwise be argued on the drink driving charge.

A prior drink driving offence within 5 years significantly increases exposure, and can bring vehicle impoundment, an alcohol ignition interlock condition and a materially longer disqualification.

If you have been charged

Do not give police a statement about the circumstances before getting advice, and do not engage with the prosecution directly.

Get in touch early. The work that affects the outcome happens before the court date, and if a special hardship order might be available the time limit is short enough that a delay of a fortnight can end the question.