Giving you the best chance of saving your licence with a restricted work licence
If you are facing disqualification of your drivers licence, depending on the alleged offence you may be eligible for a restricted work licence.
Restricted work licences allow individuals to drive under specific conditions during a licence disqualification. If you need assistance with a traffic offence, contact us for a free, confidential consultation to assess your eligibility.
Restricted work licence application
If you are charged with a certain drug driving or drink driving offence, you may be eligible for a restricted work licence under section 87 of the Transport Operations (Road Use Management) Act 1995.
A work licence will allow you to continue driving under specific conditions related directly with your employment. For more information about restricted work licences, click here or give our drink driving lawyers a call on 1300 11 22 12 to discuss your eligibility.
Drink driving charges our experienced team of drink driving lawyers can help defend in Brisbane & Gold Coast
Drink driving offences in Queensland are broadly split into three categories depending on the amount of alcohol detected in your system:
Low range – above 0.05% but below 0.10%;
Mid range – 0.10% or higher, but below 0.15%; and
High range (UIL) – 0.15% or higher.
Each of these offences have a mandatory minimum driving disqualification, which can be moderated at the discretion of the court with consideration of other factors such as:
your previous driving and criminal history;
the circumstances leading up to the drink driving charge – i.e. whether you were pulled over for a random breath test or were observed by police to be driving erratically;
whether you are a fit and proper person;
whether your licence is crucial to your employment or particular life circumstances.
If you are charged with a low or mid range drink driving offence, you may be eligible for a section 87 restricted work licence, which will enable you to continue driving under special conditions for work purposes only.
If you would like more information about drink driving offences or your eligibility for a restricted work licence, click here or give us a call on 1300 11 22 12 for a chat with one of our drink driving lawyers.
High range drink driving offence
A high range drink driving offence or driving under the influence of liquor (UIL), involves returning a blood alcohol reading of 0.15% or higher. If you are charged with driving UIL, your driver’s licence will be suspended immediately and will not be reinstated until the finalisation of your drink driving matter, inclusive of any court-ordered disqualification period imposed.
The minimum disqualification period for driving UIL is 6 months with no maximum disqualification period. This means that, depending on the circumstances leading up to the drink driving charge – such as whether you are a repeat offender – the court may order a much longer disqualification period, or other penalties including community service or imprisonment.
If you are charged with driving UIL, you will not be eligible for a work licence or special hardship order, and you will be required to install an interlock device on your vehicle for the 12 months following the reinstatement of your driver’s licence.
What is the maximum penalty you can get for High range drink driving in QLD?
In Queensland, penalties for drink driving offences vary based on the severity and frequency of the offence.
First Offence:
- Licence Disqualification: Minimum of 6 months
- Fine: Up to $4,334
- Imprisonment: Maximum of 9 months
Repeat Offences (within 5 years):
- Licence Disqualification: Minimum of 1 year
- Fine: Up to $8,668
- Imprisonment: Maximum of 18 months
For a third or subsequent high-range drink driving offence within this period, courts are mandated to impose a term of actual imprisonment.
At Donnelly Law Group, we defend clients for high range drink driving daily. We have successfully kept individuals out of prison and reduced licence disqualification periods, ensuring the best possible outcomes for our clients.
What are potential defence strategies for High range drink driving in Brisbane, Gold Coast & QLD?
- Extraordinary emergency
- Mistaken identity
Mid range drink driving offence
A mid range drink driving offence involves returning a blood alcohol reading of 0.10% or higher. If you are charged with a mid range drink driving offence, your driver’s licence will be suspended immediately and will not be reinstated until the finalisation of your matter, inclusive of any court-ordered disqualification period imposed.
The minimum disqualification period for mid range drink driving is 3 months with a maximum disqualification period of 12 months. This means that, depending on the circumstances of the drink driving – such as whether you are a repeat offender – the court may order a much longer disqualification period, or other penalties.
If you are charged with mid range drink driving, you may be eligible for a work licence and you will be required to install an interlock device on your vehicle for the 12 months following the reinstatement of your drivers licence.
What is the maximum penalty you can get for Mid range drink driving in QLD?
First Offence:
- Licence Disqualification: 3 to 12 months
- Fine: Up to $3,226
- Imprisonment: Maximum of 6 months
Repeat Offences (within 5 years):
- Licence Disqualification: 3 to 18 months
- Fine: Up to $8,668.
- Imprisonment: Maximum of months
At Donnelly Law Group, we defend clients for mid range drink driving daily. We have successfully kept individuals out of prison, reduced licence disqualification periods and secured work licences, allowing our clients to drive for work purposes.
What are potential defence strategies for Mid range drink driving in Brisbane, Gold Coast & QLD?
- Challenging BAC Results
- Medication condition affected the BAC results
- Extraordinary emergency
- Mistaken identity
Low range drink driving offence
A low range drink driving offence involves returning a blood alcohol reading of 0.05% to 0.099%. If you are charged with a low range drink driving offence, your driver’s licence will be suspended immediately for 24 hours, after which you may start driving again.
The minimum disqualification period for low range drink driving is 1 month with a maximum disqualification period of 9 months. This means that, depending on the circumstances of the drink driving – such as whether you are a repeat offender – the court may order a much longer disqualification period, or other penalties.
If you are charged with low range drink driving, you may be eligible for a work licence. You will not be required to install an interlock device on your vehicle, unless it is your second or subsequent drink driving offence within the last five years.
What is the maximum penalty you can get for Low range drink driving in QLD?
First Offence:
- Licence Disqualification: 1 to 9 months
- Fine: Up to $2,258
- Imprisonment: Maximum of 3 months
Repeat Offences (within 5 years):
- Licence Disqualification: 3 to 18 months
- Fine: Up to $4,516.
- Imprisonment: Maximum of 9 months
What are potential defence strategies for Low range drink driving in Brisbane, Gold Coast & QLD?
- Extraordinary emergency
- Mistaken identity
Learner and provisional drink driving offences
Learners and provisional licence holders are required by law to maintain a blood alcohol limit of 0.00%.
If you commit an offence of drink driving while over the no alcohol limit, your licence will be disqualified for a period of at least 3 months, and you will not be eligible to apply for a restricted work licence.
What is the maximum penalty you can get for Learner and provisional drink driving in QLD?
First Offence:
- Licence Disqualification: 3 to 9 months
- Fine: Up to $2,258
- Imprisonment: Maximum of 3 months
Repeat drink drivers holding a learner or provisional licence will face harsher penalties including, longer licence disqualification, higher fines and potential imprisonment.
What are potential defence strategies for Learner and provisional drink driving in Brisbane, Gold Coast & QLD?
- Not in charge of a motor vehicle
- Mistaken identity
- Challenging BAC results
- Extraordinary emergency
Probationary and restricted licence offences
In Queensland, restricted licence holders (work licence) face stricter drink driving rules. This licence imposes extra conditions to ensure road safety and require a person to have a Blood Alcohol Concentration (BAC) of 0.00%.
Probationary licence holders (P1/P2/Learner) must also maintain a BAC of 0.00% and are not eligible to apply for a work licence, this also applies to persons holding a probationary licence from other states.
What is the maximum penalty you can get for Probationary and restricted licence drink driving in QLD?
Drink driving with a restricted licence carries harsh penalties, including heavy fines, possible imprisonment, further disqualification, and a high chance that you won’t be granted a work licence again. First-time provisional drivers can face up to 3 months’ imprisonment and fines of up to $2,000.
What are potential defence strategies for Probationary and restricted licence drink driving in Brisbane, Gold Coast & QLD?
- Not in charge of a motor vehicle
- Mistaken identity
- Challenging BAC results
- Extraordinary emergency
Heavy vehicle drink driving offences
Drivers of heavy vehicles that include buses, trucks and articulated motor vehicles, must maintain a Blood Alcohol Concentration (BAC) of 0.00%, meaning they cannot have any alcohol in their system while operating these vehicles.
Down below is a table outlining the vehicle types that must adhere to the 0.00% BAC limit:
| Truck (GVM more than 4.5t) | 0.00 BAC (No Alcohol Limit) |
| Bus (seating more than 12 adults) | 0.00 BAC (No Alcohol Limit) |
| Articulated Motor Vehicle (e.g., B-double, Road Train) | 0.00 BAC (No Alcohol Limit) |
| Vehicle carrying placard load of dangerous goods | 0.00 BAC (No Alcohol Limit) |
| Tow Truck | 0.00 BAC (No Alcohol Limit) |
| Taxi | 0.00 BAC (No Alcohol Limit) |
| Limousine | 0.00 BAC (No Alcohol Limit) |
| Ride-Booking Vehicle (e.g., Uber, DiDi) | 0.00 BAC (No Alcohol Limit) |
| Pilot or Escort Vehicle (escorting oversize vehicle) | 0.00 BAC (No Alcohol Limit) |
| Driver Trainer Vehicle | 0.00 BAC (No Alcohol Limit) |
| Specially Constructed Vehicle (e.g., Tractor) | 0.00 BAC (No Alcohol Limit) |
What is the maximum penalty you can get for Heavy vehicle drink driving offences in QLD?
First Offence:
- Licence Disqualification: 1 to 9 months
- Fine: Up to $2,258
- Imprisonment: Maximum of 3 months
Repeat offenders who commit the same offence within a 5-year period will face fines up to $3226, a maximum 6 month imprisonment and a court-imposed licence disqualification.
What are potential defence strategies for Heavy vehicle drink driving offences in Brisbane, Gold Coast & QLD?
- Truck under 4.5 tons
- Not in charge of a heavy vehicle
- Mistaken identity
- Challenging BAC results
- Extraordinary emergency
Repeat offender drink driving offences
Drink driving in Queensland is an offence, where every person convicted faces penalties including fines, licence disqualifications, and in some cases, imprisonment. However, repeat offenders who commit another drink driving offence in a 5-year period face significantly harsher penalties designed to deter reoffending.
Consequences for repeat drink driving offences (within 5-year period):
- Increased fines
- Longer licence disqualifications
- Potential imprisonment
- Potential criminal conviction recorded
- Requirement to complete repeat offender education program
- Alcohol Ignition Interlock Program – If convicted of two or more drink driving offences within 5 years, you must install an interlock device in your vehicle for at least 12 months
- Ineligibility for Work Licence – If you have a prior drink driving conviction within the last 5 years, you cannot apply for a work licence
What is the maximum penalty you can get for Repeat offender drink driving offences in QLD?
| Offence Type | BAC Level | Maximum Fine | Licence Disqualification | Imprisonment |
|---|---|---|---|---|
| Low-Range (Second Offence) | 0.05 – 0.099 | Up to $3,226 | 3 to 18 months, determined by the court | Up to 6 months |
| Low-Range (Third Offence) | 0.05 – 0.099 | Up to $4,516 | Minimum 6 months – court can impose further disqualification | Up to 9 months |
| Mid-Range (Second Offence) | 0.10 – 0.149 | Up to $3,226 | 3 to 18 months, determined by the court | Up to 6 months |
| Mid-Range (Third Offence) | 0.10 – 0.149 | Up to $4,516 | Minimum 6 months – court can impose further disqualification | Up to 9 months |
| High-Range (Second Offence) | 0.15 or more | Up to $9,678 | Minimum 1 year – court can impose further disqualification | Up to 18 months |
| High-Range (Third Offence) | 0.15 or more | Up to $9,678 | Minimum 2 years – court can impose further disqualification | Court must impose a period of imprisonment |
At Donnelly Law Group, we have successfully defended clients that have been charged with repeat drink driving charges. Engaging a lawyer can make a crucial difference in navigating the complexities of the legal system, potentially reducing penalties and ensuring the best possible outcome for your case.
Contact us today at 1300 11 22 12 for a free confidential consultation.
What are potential defence strategies for Repeat offender drink driving offences n Brisbane, Gold Coast & QLD?
- Mistaken identity
- Challenging BAC results
- Extraordinary emergency
Driving on a suspended licence
If you are caught driving while on a suspension for a drink driving offence, you will face a mandatory licence disqualification period, which the magistrate cannot reduce. The disqualification periods are:
- Driving during a 24-hour suspension: 6 month disqualification
- Driving while suspended until your matter is finalised: A minimum of 2 years (up to 5 years, depending on your circumstances and prior history)
Example: if you were convicted of high-range drink driving and received the minimum 6-month disqualification, but chose to drive four months into that period, you would automatically face an additional mandatory disqualification of at least two years.
What is the maximum penalty you can get for Driving on a suspended licence in QLD?
- Driving during a 24-hour suspension: 6 month disqualification
- Driving while suspended until your court matter is finalised: minimum 2 years disqualification with a maximum of 5 years depending on the circumstances and your previous traffic and criminal history
What are potential defence strategies for Driving on a suspended licence in Brisbane, Gold Coast & QLD?
- Licence was not suspended
- Court matter was finalised
- The accused was not driving
- Mistaken identity
- Extraordinary emergency
Why choose Donnelly Law Group as your drink driving lawyers?
Extensive experience handling drink driving offences across Brisbane, Gold Coast & QLD
Donnelly Law Group has successfully defended clients in all drink driving offences across Brisbane and the Gold Coast since 1996. From first-time traffic charges to repeat offences, our experienced drink driving lawyers are equipped to handle every case.
Local expertise
Our team of criminal lawyers appear at local courts, defending drink driving offences daily. We regularly appear at all courts across the state.
Personalised approach for all drink driving offences to help achieve the best outcome for our clients
At Donnelly Law Group we provide a personal touch to every case we handle. We genuinely care for our clients and provide unmatched support, so you fully understand your rights and the legal process.
Book An Appointment.
Our legal strategy for drink driving offences across Brisbane, Gold Coast & QLD
Facing a drink driving charge can be stressful, especially when you need your licence for work and daily errands. Navigating the Queensland court system only adds to the stress. At Donnelly Law Group, we provide a clear and result driven approach to every case, ensuring we guide you through the legal process with confidence.
Initial consultation
The initial consultation is the first step in understanding the drink driving charges against you, our lawyers will provide clear legal advice about your case and provide your legal options moving forward.
Case assessment
Our drink driving lawyers will meticulously review your case, reviewing the QP9 brief and other evidence provided by police.
Developing a defence strategy
After thoroughly reviewing your case, our experienced drink driving lawyers will craft the best defence strategy for your unique circumstances. This may include character references, employment references, completion of drink driving courses, and other key factors to strengthen your case and achieve the best possible outcome.
Court representation
At Donnelly Law Group, our lawyers are skilled, well-versed in court procedures, and committed to presenting the strongest possible defence in court.
Drink driving charges FAQs.
What should I do if the police want to breathalyse me or talk to me about a drink driving offence?
If the police pull you over, you must comply if they ask for your name and address, driver’s licence, and a drug or alcohol test. It is an offence if you refuse to comply with these requests.
You have the right to remain silent. You do not have to answer any further questions from the police, make any statements or participate in a police interview.
Immediately contact Donnelly Law Group at the first opportunity. One of our lawyers or trained support staff will discuss your options and explain how to achieve the best possible outcome.
Can I be charged with drink driving after the event?
In Queensland, the police can require you to conduct a breath or blood test within 3 hours of you driving or being in charge of a motor vehicle.
However, the test must be conducted by procedural law.
If you have been charged with drink driving after the event, contact Donnelly Law Group now to book your free consultation with our specialist drink driving lawyers.
Do I need a lawyer for a drink driving offence?
Having defended and witnessed thousands of drink driving matters in Queensland, it is apparent that defendants achieve the best outcome when they are represented by a lawyer who specialises in drink driving offences.
Our drink driving lawyers understand the legal defences and mitigating factors the court is looking for when deciding the outcome and sentence in your matter. We are experts at preparing your case and presenting these factors to the magistrate so that you attain the best possible result.
People who do not engage the help of a specialist drink driving lawyer often fail to present these mitigating factors to the court and suffer heavier penalties as a consequence.
Will my lawyer represent me in court?
Donnelly Law Group’s expert team of drink driving lawyers will collaboratively research, strategise and prepare your case for you. We will then represent you in court and methodically argue your defence in order to attain the best possible outcome.
What legislation covers drink driving offences in Queensland?
In Queensland, drink driving offences appear under the Transport Operations (Road Use Management) Act 1995.
What is the difference between low, mid, and high-range drink driving?
In Queensland, there are four alcohol limits for drivers. The general alcohol limit for people with an open driver’s licence is 0.05%.
The four blood or breath alcohol concentration (BAC) limits for drivers in Queensland are:
- No Alcohol Limit: A driver is over this limit if they return a BAC of more than zero. This limit applies to learner, provisional and probationary drivers and drivers with licences for particular vehicles (such as truck and coach drivers).
- Low-Range Drink Driving: A driver is over this limit if they return a BAC equal to or more than 0.05%.
- Mid-Range Drink Driving: A driver is over this limit if they return a BAC equal to or more than 0.10%.
- High-Range Drink Driving: A driver is over this limit if they return a BAC equal to or more than 0.15%.
A higher BAC carries higher penalties for the driver. See below for more information about the penalties for each BAC limit.
What are the penalties for drink driving offences in Queensland?
In Queensland, the driver’s BAC and drink driving history are key factors when sentencing someone for a drink driving offence.
The penalties for first-time drink driving offences are as follows:
| BAC | Disqualification Period | Maximum Fine Amount | Maximum Prison Sentence | Mandatory Alcohol Interlock |
|---|---|---|---|---|
| 0.00-0.049% (No Alcohol Drink Driving) | 3-9 Months | 14 Penalty Units | 3 Months | No |
| 0.05-0.09% (Low-Range Drink Driving) | 1-9 Months | 14 Penalty Units | 3 Months | No |
| 0.10-0.149% (Mid-Range Drink Driving) | 3-12 Months | 20 Penalty Units | 6 Months | Yes (Minimum 12 Months) |
| 0.15 and Over (High-Range Drink Driving) | Minimum of 6 Months | 28 Penalty Units | 9 Months | Yes (Minimum 12 Months) |
Drivers who commit repeat drink driving offences face higher penalties. If you are charged with a repeat drink driving offence, you may:
- Have your licence disqualified for up to 2 years;
- Be fined up to 60 penalty units;
- Have your vehicle impounded; or
- Be sentenced to a term of imprisonment determined by the court.
Drivers who return a BAC of less than 0.10 will have their licence immediately suspended for 24 hours. Drivers who return a BAC of 0.10 or more will have their licence immediately suspended until the drink driving charge is finalised in court or withdrawn (conditions apply – see below for more details).
You will have to complete a drink driving education programme before the Department of Transport and Main Roads will issue you with a new driver’s licence (after your disqualification period has ended).
In some circumstances, you may be able to apply to the Magistrates Court for a work licence if you are convicted of drink driving. A work licence is a restricted licence that lets you drive for purposes directly related to your means of earning an income (see below).
The length of your disqualification will be heavily impacted by your defence, evidence and your legal team’s relationship with the local courthouse. Contact Donnelly Law Group today so that we can discuss your charges and circumstances and explain the likely outcomes.
Note that the value of a penalty unit does change occasionally in line with the government’s indexation policy. You can find the current dollar value of a penalty unit here to calculate the maximum fine for each drink driving offence.
How long will my licence be immediately suspended after drink driving?
Drivers charged with a low-range drink driving offence (BAC of less than 0.10) will have their licence immediately suspended for 24 hours. However, certain criteria may mean that your licence is suspended for longer than this (see below).
Drivers who meet the following criteria will have their licence immediately suspended until the drink driving charge is finalised in court or withdrawn:
- Drivers charged with a mid-range or high-range drink driving offence (BAC of 0.10 or more);
- Drivers charged with a low-range drink driving offence (BAC of less than 0.10) who have an earlier drink driving charge still pending;
- Drivers charged with a low-range drink driving offence (BAC of less than 0.10) who have authorisation to drive while suspended (section 79E order);
- Drivers who fail to provide police with a sample of breath or blood when requested;
- Drivers who have been charged with dangerous operation of a motor vehicle while under the influence.
You may be able to apply to the Magistrates Court for a Section 79E licence which allows you to drive after your licence has been immediately suspended. However, this is a complicated process and there are strict criteria that must be met.
Contact Donnelly Law Group today and book your free consultation with one of our specialist drink driving lawyers. We can assess your suitability for a Section 79E licence and help you apply.
Can I apply for a work licence if convicted of drink driving?
If you are convicted of drink driving, you cannot simply ask the Magistrates Court for a work licence. To get a work licence you need to apply in writing to the Magistrates Court and convince the magistrate by providing a lot of detailed information.
There are strict eligibility requirements on who can apply for a work licence after being convicted of drink driving in Queensland. To apply to the Magistrates Court for a work licence, you must meet the following requirements at the time you were caught drink driving:
- Had a BAC of less than 0.15%;
- Held a current Queensland open driver’s licence for the vehicle you were driving;
- Weren’t driving for your job;
- Weren’t driving already under a work licence;
- Weren’t driving under a zero alcohol licence (e.g. learner, provision, probationary or restricted licence); and
- At the time of applying for a work licence, you hold a current Queensland open or provisional driver licence;
- In the last 5 years, you haven’t:
- Been convicted of drink or drug driving or a similar offence;
- Been convicted of dangerous driving in Queensland;
- Had a licence suspended or disqualified (further conditions apply).
Even if you meet all of the above eligibility requirements, you still must:
- Prove to the Magistrate that you are a “fit and proper person”; and
- Prove to the Magistrate that without a work licence, you and your family will suffer extreme hardship because you will be deprived of your means of earning a living.
See our page on Work Licence Applications for more information on work licence restrictions and the application process.
Donnelly Law Group takes the stress and complication out of applying to the Magistrates Court for a work licence. Contact us today and book your free consultation with one of our specialist drink driving lawyers.
Are there any legal defences to drink driving charges?
Yes, there are legal defences available in drink driving matters in Queensland. Defences may include mistaken identity, the driver was not in charge of the vehicle, the driver did not attempt to put the vehicle into motion, police procedural mistakes, duress, necessity and more.
Donnelly Law Group’s specialist drink driving lawyers will assess the evidence and circumstances in your case when determining whether any legal defences may apply.
How much does Donnelly Law Group charge for drink driving matters?
A lot of people believe that they cannot afford to hire an expert drink driving lawyer. But at Donnelly Law Group, we ensure that our legal fees are affordable so that everyone can access high-quality legal representation in Queensland.
We will provide you with a fixed quote after your free initial consultation. A fixed fee ensures that you have total transparency over costs and won’t receive any surprising invoices.
Contact Donnelly Law Group today to book your free consultation and receive a fixed quote.
See our page on Legal Fees for more information on payment plans and options.
Can Donnelly Law Group help me if I live outside of Brisbane and the Gold Coast?
Donnelly Law Group regularly represents people living all over the Sunshine Coast and regional Queensland (including Toowoomba, Noosa, Maroochydore, Cairns, Townsville, Rainbow Beach, Mackay, Rockhampton, Bundaberg, Hervey Bay, and more.)
We can hold meetings with our regional clients over the phone, via video conference or in person. Our lawyers travel to courts all over Queensland to represent locals in criminal, traffic, drink driving and domestic violence matters and bail applications.
It can be difficult to find high-quality legal representation in regional Queensland. Do not hesitate to contact Donnelly Law Group for the best possible outcome in your matter.
