In Queensland, depending on the type of licence you hold you are required to comply with the blood/breath alcohol concentration limit (BAC).

These limits apply when you are driving the vehicle, and when you are in charge of the vehicle. The BAC limits are as follows:-

  • Learner, Provisional, Probationary Licence holders or driving a truck, bus or taxi: 0.00% BAC; and
  • Open licence holders: Less than 0.05% BAC.

The Police will charge you with an offence in the following situations:

  • If you are over the BAC limit;
  • If you refuse or fail to provide a breath specimen when directed to do so by the Police.

Will I have to attend court?

In Queensland, you will be required to attend Court if charged with a drink driving offence. The Police will advise you of your Court date and Court location, at the time you are charged.

Generally, you will be required to appear at the Magistrates Court closest to where you committed the offence.

If you fail to attend your Court date, a warrant for your arrest will be issued.

What are the penalties?

The Transport Operations (Road Use Management) Act 1995 governs traffic offences and outlines the penalties and procedures.

If your BAC is less than 0.10%, you will have a 24 hour suspension on your licence from the time your BAC level was confirmed as over the limit. There may also be circumstances where your licence will be immediately suspended until the charge has been before the Court.

Due to the nature of this traffic offence, demerit points are not incurred, instead you will face a licence disqualification which will depend on your BAC level at the time of the offence and your traffic history.

As a guide, the following disqualification periods may apply for a first-time drink driving offence:

  • Learner, Provisional, Probationary Licence holders or driving a truck, bus or taxi: BAC over 0.00% but under 0.05% could amount to a licence disqualification of 3 to 9 months, a maximum fine amount of $2,167, and a maximum term of imprisonment being 3 months.

  • Open licence holders: BAC of 0.05% and over, but under 0.10%, could amount to a licence disqualification of 1 to 9 months, a maximum fine amount of $2,167, and a maximum term of imprisonment being 3 months.

  • Open licence holders: BAC of 0.10% and over, but under 0.15%, could amount to a licence disqualification of 3 to 12 months, a maximum fine amount of $3,096, and a maximum term of imprisonment being 6 months.

  • Open licence holders: BAC of 0.15% and over, could amount to a licence disqualification of minimum 6 months, a maximum fine amount of $4,334, and a maximum term of imprisonment being 9 months.

What to do if I get charged with drink driving or another traffic offence?

We understand that traffic offences can significantly disrupt your daily life, potentially affecting your employment and the lives of those around you.

If charged with a traffic offence, our Solicitors can assist you in understanding your position, the implication of the charge on your licence, and your eligibility for a restricted (work) licence or special hardship licence.

We have offices in  Toowoomba, Roma and Warwick. If you require legal advice or representation for a traffic offence, please call today on 07 4637 6300 or contact us.