Traffic Offences & DUI

Drink Driving and BAC Limits in Queensland

Queensland operates a three-tier system for drink driving offences based on your blood alcohol concentration (BAC). The general alcohol limit is 0.05, but lower limits apply to specific licence categories. Learner and probationary licence holders, truck drivers, taxi drivers, and drivers of vehicles carrying dangerous goods must maintain a BAC of 0.00. The middle-range limit applies from 0.10 to 0.149, and the high-range limit applies at 0.150 and above. Penalties escalate significantly with each tier. A first-time low-range offence (BAC 0.05 to 0.099) attracts a maximum fine of up to $2,314 and automatic licence disqualification of at least one month. A high-range first offence carries a maximum fine of $4,628, up to nine months imprisonment for a second offence within five years, and minimum licence disqualification of six months with a mandatory interlock period. The police can require you to provide a breath specimen at any time they reasonably suspect you have been drinking or have committed an traffic offence. Refusing to provide a breath or blood specimen is itself an offence carrying penalties equivalent to or exceeding a high-range drink driving charge. Evidentiary issues commonly arise in drink driving matters, including challenges to the accuracy of breath analysis instruments, the legality of the traffic stop, and the proper administration of testing procedures.

Drug Driving Laws and Roadside Testing

Drug driving in Queensland is enforced through random roadside saliva testing conducted by Queensland Police Service officers. The relevant legislation under the Transport Operations (Road Use Management) Act makes it an offence to drive with a relevant drug present in your oral fluid or blood. The drugs targeted by roadside testing are THC (the active ingredient in cannabis), MDMA (ecstasy), and methamphetamine (ice). If your saliva sample returns a positive result for any of these substances, your licence is immediately suspended for 24 hours, and you must appear in court. Unlike drink driving, there is no legal threshold for drug driving in Queensland—the mere presence of the drug in your system, regardless of impairment, is sufficient for a charge. Defences available include challenging the reliability of the roadside screening device, the chain of evidence relating to the saliva sample, and the procedures followed by the police officer conducting the test. If a second confirmatory analysis—conducted by a government laboratory—disagrees with the initial positive result, the charge may be withdrawn. However, the confirmatory process can take several months, during which time your licence remains suspended if you were a learner, probationary, or provisional licence holder.

Licence Disqualification, Work Licences, and Appeals

When you are charged with a drink driving or drug driving offence in Queensland, your licence is typically suspended immediately upon the laying of the charge. For drivers who rely on their licence for employment, the consequences can be devastating. Queensland law provides for two important mechanisms to mitigate this impact: work licences and special hardship orders. A work licence is available under section 87 of the Transport Operations (Road Use Management) Act for drivers charged with low or middle-range drink driving who need their licence for employment purposes. To qualify, you must demonstrate that the licence disqualification would cause extreme financial hardship and that you have no other viable transport options. Importantly, a work licence permits you to drive only for work-related purposes, not for personal or social activities. Special hardship orders serve a similar function for drivers who need to drive for medical treatment or family care reasons. Our team assists clients with preparing and lodging work licence applications, representing them at the hearing, and structuring the application to maximise the chances of approval.

Traffic Offences & DUI FAQs (Queensland Law)