Penalties for driving while unlicensed in QLD
Penalties for driving while unlicensed in Queensland depend on why you were unlicensed in the first place. If your licence expired, you might face a relatively lower penalty compared to driving while disqualified or without ever having held a licence.
This means fines, extended disqualification periods, and even imprisonment can vary significantly based on your specific circumstances. We provide more detailed information below.
Never held a drivers licence
Driving without a valid drivers licence is an offence in Queensland, whether it was a mistake or a deliberate act, you will still be charged for driving unlicensed. The severity of the penalty depends on your history, the circumstances of the offence, and whether you were previously disqualified.
What is the maximum penalty you can get for never holding a valid drivers licence in QLD?
- Maximum Penalty: Up to a $6452 fine or up to one year imprisonment
- Licence Disqualification: The courts must disqualify you from driving a motor vehicle for a minimum period of 3 months. Depending on the circumstances, the Magistrate can impose further periods of disqualification.
If you have been charged with driving unlicensed or never holding a driver’s licence, contact us today for a free confidential consultation. We will assess your case, explore potential defences, and work towards the best possible outcome for you.
What are potential defence strategies for never holding a valid drivers licence in Brisbane, Gold Coast & QLD?
- You were not the person driving
- Extraordinary emergency
- Duress
Did not hold valid QLD licence
A person must not drive a motor vehicle on a road unless they hold a valid Queensland driver’s licence authorising them to drive that vehicle. Driving without a valid licence is an offence in Queensland, whether it was a mistake or a deliberate act, and you can still be charged for driving unlicensed. The severity of the penalty depends on your history, the circumstances of the offence, and whether you were previously disqualified.
Here are some examples of what may be considered unlicensed driving in Queensland:
- Never holding a drivers licence
- Expired or cancelled drivers licence
- Driving on a suspended drivers licence due to unpaid fines or demerit points
- Holding a interstate or foreign licence that is no longer valid in Queensland
- Driving outside the conditions of your licence (e.g., learner driver without a supervisor, driving motorbike without the correct licence)
- Licence disqualified by the courts
What is the maximum penalty you can get for not holding a valid licence in QLD?
| Type of Unlicensed Driving | Fine | Imprisonment | Disqualification Time |
|---|---|---|---|
| Never held a licence | Up to $6,452 | Up to 1 year | Minimum 3 months |
| Suspended due to unpaid fines | Up to $6,452 | Up to 1 year | Minimum 1 month, but no more than 6 months |
| Suspended due to demerit points | Up to $6,452 | Up to 1 year | Minimum 6 months |
| Disqualified by court | Up to $6,452 | Up to 18 months | Minimum 2 years, but not more than 5 years |
| Driving a class of vehicle not authorised | Up to $6,452 | Up to 1 year | Determined by court |
What are potential defence strategies for not holding a valid licence in Brisbane, Gold Coast & QLD?
- You were not the person driving
- Extraordinary emergency
- Duress
Previous history of drink driving and have been convicted and disqualified from driving in previous two years
In Queensland, the courts will assess your drink driving history over the past 5 years. If you have any convictions within this period, you will be considered a repeat drink driver and penalties will become more severe.
The exact disqualification period, fines and potential imprisonment depend on the offence you have previously committed and the one you are now facing:
- If you previously blew high-range (BAC 0.15%) and now charged with low-range (BAC 0.05%), your penalties will still increase, but not as severe if you blew high-range twice.
- If you previously blew low-range and now charged with high-range, the penalties will increase.
- If you have been charged high-range twice, you will be facing the longest disqualification period and highest risk of imprisonment.
If you’re currently unsure of the offence you have been charged with, we strongly recommend reaching out to us. At Donnelly Law Group we can help you understand your charges and provide clear legal advice on the best steps moving forward. Call us on 1300 11 22 12 for a free confidential consultation.
What is the maximum penalty you can get for repeat drink driving in QLD?
The following table outlines the penalties for repeat drink driving offences when the same offence (same BAC range) has been committed multiple times within five years. If your previous offence was in a different BAC category (e.g., high-range previously and now low-range), the penalties may vary based on court discretion and individual case factors.
| 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 |
What are potential defence strategies for repeat drink driving in Brisbane, Gold Coast & QLD?
- Mistaken identity
- Challenging BAC results
- Extraordinary emergency
Have prior unlicensed driving offence
Having a prior unlicensed driving offence is generally not an issue, unless it has occurred within the last 5 years. If a person commits another unlicensed driving offence within this timeframe, the court must take additional factors into consideration when determining the penalty. These include:
- The circumstances of the case, including any aggravating or mitigating factors
- The public interest in enforcing road safety
- The individual’s criminal and traffic history
- Any medical or mental health considerations
- Whether the offence was linked to another offence (e.g., dangerous driving or evading police)
- Any other matters that the court considers relevant
What is the maximum penalty you can get for having a prior unlicensed driving offence in QLD?
- Maximum Penalty: A fine up to $6,452 or up to 1 year imprisonment
- Disqualification: The court will impose a 6 month licence disqualification, which can be extended based on any aggravating circumstances (mentioned above).
What are potential defence strategies for having a prior unlicensed driving offence in Brisbane, Gold Coast & QLD?
- Prior unlicensed driving offences happened more than 5 years ago
- Holding a valid licence at the time
- Mistaken identity
- Duress
- Extraordinary emergency
Licence suspension for speeding over 40km/h
Speeding over 40km/h results in an automatic 6-month licence suspension issued by Transport and Main Roads (TMR). The driver will also receive 8 demerit points and a fine up to $1,854.
If the driver contests the penalty in court and loses, the court must impose a minimum 6-month disqualification, which is more severe than a suspension. This means:
- The driver must reapply for a licence after the disqualification period.
- A Special Hardship Order (SHO) is not available.
- The offence may impact future penalties if reoffended.
If aggravating factors like dangerous driving, evading police, or reckless behaviour are present, the driver may face:
- Longer disqualification periods
- Higher fines
- Possible imprisonment
What is the maximum penalty you can get for Speeding 40km/h in QLD?
The maximum penalty imposed for a person speeding more than 40km/h is a 6-month licence suspension, 8 demerit points and a $1,854 fine.
What are potential defence strategies for Speeding 40km/h in Brisbane, Gold Coast & QLD?
- The accused is not the driver of the vehicle
- The accused did not speed more than 40km/h
Licence was suspended from an accumulation of demerit points
Licence suspensions due to demerit points occur when a a driver accumulates too many points within a set period in Queensland. Down below is a table outlining how many demerit points you can accumulate based on the licence you hold:
| Licence Type | Maximum Demerit Points Allowed | What Happens After Reaching the Limit? | ||
|---|---|---|---|---|
| Learner Licence (L) | 4 points in 1 year | Choose: Licence suspension or 1-year Good Behaviour Period. | ||
| Provisional Licence (P1/P2) | 4 points in 1 year | Choose: Licence suspension or 1-year Good Behaviour Period. | ||
| Open Licence | 12 points in 3 years | Choose: 3-5 month suspension or 1-year Good Behaviour Period. | ||
| Professional Driver (e.g., taxi, bus, truck drivers) | 14 points in 3 years | Choose: 3-5 month suspension or 1-year Good Behaviour Period. | ||
| Unlicensed or Suspended Driver | No set limit | Further penalties apply for driving unlicensed. | ||
If you breach the good behaviour driving period, your licence is suspended for double the original period. However, you can apply for a Special Hardship Order (SHO) which can allow you to drive for work or other essential commitments.
Our team at Donnelly Law Group can help you apply for a SHO and increase the chances of approval, contact us today on 1300 11 22 12 for a free confidential consultation.
What is the maximum penalty you can get for licence suspension due to demerit points in QLD?
| Licence Type | Demerit Points Allowed During Good Behaviour Period | What Happens if You Exceed the Limit? |
|---|---|---|
| Open Licence | 1 point allowed in 12 months | Licence is suspended for double the original period if 2 or more points are accumulated. |
| Provisional Licence (P1/P2) | 0 points allowed | Licence is suspended for double the original period if any additional points are accumulated. |
| Learner Licence (L) | 0 points allowed | Licence is suspended for double the original period if any additional points are accumulated. |
If a driver breaches the good behaviour period, the licence suspension is doubled and cannot be appealed. You can still apply for a Special Hardship Order (SHO), which may allow you to drive under strict conditions for work or other essential commitments. Our team at Donnelly Law Group can help you apply for a SHO and increase the chances of approval, contact us today on 1300 11 22 12 for a free confidential consultation.
What are potential defence strategies for licence suspension due to demerit points in Brisbane, Gold Coast & QLD?
- If you have breached the good driving behaviour period, can apply for a SHO which may allow you to drive under strict conditions
Why choose Donnelly Law Group to defend your unlicensed driving charges in QLD?
Extensive experience handling unlicensed driving offences across QLD
At Donnelly Law Group, we have successfully defended clients facing all unlicensed driving charges. Whether you are a first-time offender or a repeat unlicensed driver, our lawyers will guide you through every step.
Local expertise
Our lawyers have handled unlicensed driving offences throughout local courts across the Gold Coast, Brisbane and regional Queensland.
Personalised approach for all unlicensed driving offences to help achieve the best outcome for our clients
At Donnelly Law Group, we pride ourselves on our personalised approach for all clients charged with unlicensed driving offences. We offer a free confidential consultation, ensuring you understand your rights and your current legal position.
Book An Appointment.
Our legal strategy for unlicensed driving offences across QLD
At Donnelly Law Group we provide clear and effective communication through every stage of your matter. Our skilled traffic lawyers will review your case and create potential defence strategies based on your unique circumstances. With offices located on the Gold Coast & Brisbane, we are dedicated to achieving the best possible outcome.
Initial consultation
During the free initial consultation, our traffic lawyers will review the charges against you and provide you with clear legal advice.
Case assessment
After the initial consultation, our lawyers will review the QP9 (police summary of facts) to assess the strength of the prosecutions case and determine any weaknesses.
Developing a defence strategy
Our traffic lawyers will craft an expert defence strategy tailored to your unique circumstances, we will utilise character references, traffic history, rehabilitation programs and mitigating factors in preparation for court. Where possible, our lawyers will negotiate with the prosecution to reduce penalties or have the charges dismissed.
Court representation
Our traffic lawyers are well versed in all unlicensed offences, we will advocate on your behalf and ensure that all legal arguments are presented professionally before the Magistrate.
Unlicensed driving charges FAQs.
What should I do if the police want to talk to me about an unlicensed or suspended 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.
Do I need a lawyer for an unlicensed or suspended driving offence?
Having defended and witnessed thousands of unlicensed and suspended driving matters in Queensland, it is apparent that defendants achieve the best outcome when they are represented by a lawyer who specialises in traffic offences.
Our traffic 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 traffic 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 traffic lawyers will 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 unlicensed and suspended driving offences in Queensland?
In Queensland, unlicensed and suspended driving offences appear under the Transport Operations (Road Use Management) Act 1995.
What are the penalties for unlicensed and suspended driving offences in Queensland?
In Queensland, unlicensed and suspended driving offences carry criminal penalties and mandatory disqualification periods.
| Offence | Maximum Fine | Maximum Prison Sentence | Mandatory Disqualification Period |
|---|---|---|---|
| Driving While Suspended for Non-Payment of Fines | 40 Penalty Units | 12 Months | 1-6 Months |
| Driving While Non-Qld Licence Suspended Due to Demerit Points | 40 Penalty Units | 12 Months | 6 Months |
| Driving While Immediately Suspended (e.g. after drink or drug driving) | 40 Penalty Units | 12 Months | 2-5 Years |
| Driving While Never Held a Licence | 40 Penalty Units | 12 Months | 3 Months |
| Repeat Unlicensed Driver | 40 Penalty Units | 12 Months | 1-6 Months |
| Allowing Another Person to Drive Unlicensed | 20 Penalty Units | 6 Months |
The magistrate takes into account the driver’s criminal history and driving history when determining the fine or prison sentence for an unlicensed or suspended driving offence. Drivers who commit repeat offences face higher penalties and potentially prison.
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 driving offence.
Can I apply for a work licence if convicted of an unlicensed or suspended driving offence?
If you are convicted of an unlicensed or suspended driving offence, you cannot apply for a restricted licence (i.e. a work licence).
Are there any legal defences to unlicensed or suspended driving?
Yes, there are legal defences available in suspended driving matters in Queensland.
One potential defence is honest and reasonable mistake (i.e. you were unaware at the time of driving that your licence was suspended).
Donnelly Law Group’s specialist traffic lawyers will assess the evidence and circumstances in your case when determining whether any legal defences may apply.
What is the penalty for letting an unlicensed driver drive your car?
In Queensland, it is an offence to allow another person to drive a motor vehicle on a road if you know the other person does not hold an appropriate driver licence.
The maximum penalty for letting an unlicensed driver drive your car is a fine of 20 penalty units or 6 months imprisonment.
You can find the current dollar value of a penalty unit here to calculate the maximum fine.
How much does Donnelly Law Group charge for unlicensed or suspended driving matters?
A lot of people believe that they cannot afford to hire an expert traffic 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.
