Queensland drink driving: check your notice before your next step
An infringement notice, a police suspension and a court charge have different consequences. Compare the routes, check whether a work licence is possible and prepare the documents needed for advice.
Key points
- Check the exact paper: an infringement notice, notice to appear and TMR disqualification notice are different. Keep every notice and its date.
- Most open drivers must be below 0.05. Zero limits apply to specified licence holders and vehicles; mid-range starts at 0.10 and high-range at 0.15.
- Some eligible low-range cases can use an infringement notice. A work licence requires the court route and strict eligibility; it is not available simply by paying the ticket.
- A 24-hour suspension is different from an immediate suspension pending court. Do not assume you can drive after 24 hours or deduct it automatically from a later disqualification.
- First mid-range offences can trigger an interlock. A restricted work licence does not remove an applicable interlock requirement.
- Ask Legal Aid about advice before court. Duty lawyers usually do not handle a first or second drink/drug-driving-only matter unless imprisonment is likely. Private consultation is optional.
Queensland has a restricted work-licence scheme, but strict eligibility rules apply and the application must be prepared before the court orders disqualification. Eligible low-range drivers may instead receive a $1,295 infringement notice with a separate two-month administrative disqualification. Paying or applying for instalments affects the ordinary court-election option, so obtain advice first if you need to drive for work. Do not drive while suspended or disqualified.
Checked on 23 October 2026: current Queensland transport and licensing legislation, infringement and penalty provisions, and official TMR and Legal Aid Queensland guidance. This adult motor-vehicle guide is checked as at 23 October 2026; older offence dates and future amendments need separate checking. Sources and limits of this check.
Which notice have you received?
The Transport Operations (Road Use Management) Act 1995 distinguishes low-range infringement notices in sections 79H–79J from criminal charges. A notice may be issued for eligible driving or attempted-driving cases involving a motor vehicle; it is discretionary. Relevant five-year drink-driving history, licence type, vehicle and interlock status can exclude the route. It does not cover every low-range driver or an in-charge allegation.
Under the infringement regulation, the qualifying low-range fine is 7.5 penalty units. At $172.70 per unit, infringement-only rounding makes this $1,295. Check the actual notice and applicable date.
Scroll the tables sideways to compare all columns.
| Paper or event | What it means | Action or time to check |
|---|---|---|
| Low-range infringement notice | Potential $1,295 fine and two-month administrative disqualification; no section 87 work licence on this route. | The ordinary pay/court-election period is 28 days after the notice date. Get advice before paying or applying for instalments; those steps bar the ordinary election. |
| TMR administrative disqualification notice | Issued after payment, an instalment application or the specified SPER default-certificate step. | The start date must normally be at least 21 days after TMR gives the notice; you can notify an earlier start in writing. Do not confuse this notice with the original ticket. |
| 24-hour suspension | Section 80 ties the start to the relevant test, requirement, arrest or certificate event. No review or appeal lies for this suspension. | Read the exact start time. A longer suspension can supersede it; do not treat 24 hours as permission to resume driving. |
| Notice to appear or other charge with section 79B suspension | Mid/high-range, analysis-refusal and specified pending-charge or other cases can suspend your licence from charge until the case is resolved or another statutory endpoint. | Check court date and current licence status. Eligible section 79E applications have a separate 21-day deadline. |
The State Penalties Enforcement Act and Driver Licensing Regulation govern these separate steps. Do not ignore a notice: enforcement and extra fees can follow. Late SPER remedies, withdrawal and court election have their own conditions; obtain advice rather than assuming there is no remedy or that time automatically extends. From the administrative disqualification start, section 79J treats the matter as a conviction for specified repeat-offence, licence, education and interlock purposes.
First-offence court penalties: compare the correct category
These are statutory limits for an ordinary adult open-licence motor-vehicle case with no relevant prior convictions in the statutory five-year window. They are not predicted sentences. Zero-limit categories, licence status, prior history, other charges and a work-licence order can change the position. Older offences need the law applicable to their date checked.
Scroll the tables sideways to compare all columns.
| Offence category | Maximum fine or imprisonment | Court disqualification |
|---|---|---|
| Low-range: 0.05 to under 0.10 | 20 penalty units ($3,454) or 3 months imprisonment. | 2–9 months for the ordinary open-licence case. Different licence-status rules can require 3–9 months. |
| Mid-range: 0.10 to under 0.15 | 28 penalty units ($4,835.60) or 6 months imprisonment. | 3–12 months. Interlock requirements can apply even for a first offence. |
| Under the influence, including a proved reading of 0.15 or more | 40 penalty units ($6,908) or 9 months imprisonment. | At least 6 months; the court can impose a longer or absolute disqualification. No section 87 work licence for this offence. |
These limits come from sections 79, 79A and 86, with the current $172.70 penalty unit. Court maxima are not rounded using the infringement rule. Repeat and mixed prior offences require their exact provisions checked; there is no universal doubled penalty or two-year ceiling. The court may take qualifying prior suspension time into account, but this is not an automatic credit. An offender levy and other costs may be additional. Amendments scheduled for 1 December 2026 are not used as current October penalties.
Can you keep driving for work?
Yes, an eligible person can seek a restricted licence under section 87. Prepare the approved written application and evidence before the hearing. Apply in the proceedings where the conviction is recorded and before the court makes its disqualification order; an ordinary later application after sentencing is not the route. See the TMR restricted-licence steps and Legal Aid work-licence guide.
The court must be satisfied you are fit and proper and refusal would cause extreme hardship by depriving you or your family of your means of earning a livelihood. If employed, an employer affidavit is required. Needing to drive is not enough: licence status at the offence and application, relevant five-year history, driving connected with earning a living at the time, zero-limit status and the offence itself all matter. Some prior suspension exceptions apply. Do not rule yourself in or out from a short online checklist.
A work licence can carry strict vehicle, purpose and time conditions and a zero alcohol limit. A work-licence order can lengthen the disqualification; the ordinary table is not its maximum in every case. You must actually obtain the restricted licence before driving. An order or submitted application alone is not permission.
Scroll the tables sideways to compare all columns.
| Route | What it concerns | Important limit |
|---|---|---|
| Section 87 restricted work licence | Driving for specified livelihood purposes during a court disqualification. | Strict eligibility; apply in the conviction proceedings before the disqualification order. Does not cover high-range/under-influence offences or an administrative ticket disqualification. |
| Section 79E order | Limited driving while certain immediate suspensions await resolution of the charge. | Eligible open-licence holders must apply within 21 days after suspension. Evidence, service and replacement-licence requirements apply; neither application nor order alone authorises driving. |
| Special hardship order | Specified good-behaviour/demerit or more-than-40-km/h speeding suspensions. | A distinct scheme, not a substitute drink-driving work licence. Its eligibility and procedure differ from section 79E. |
The current licensing regulation, chapters 9–10 and TMR special-hardship guidance explain the separate routes. Do not transfer a deadline, automatic stay or eligibility rule from one to another. Get advice before choosing to pay an infringement notice or elect court; court can impose a different penalty and does not guarantee a work licence.
Interlocks and getting a licence again
The interlock provisions in Part 3B cover first mid-range and high-risk alcohol offences as well as specified repeat offences. A crash or injury alone is not the legal test for every interlock requirement. A mid-range work licence can still require an interlock.
The TMR performance-based program involves at least 12 qualifying months, with a valid licence and the required fitted nominated vehicle or valid exemption. It is not simply 12 calendar months passing after conviction. Missed requirements or events during the performance period can extend the program; education requirements and completion confirmation also matter.
Budget separately for licence reissue, required education, installation, leasing, servicing and removal. Check current provider quotes, available discounts or assistance and any strict exemption grounds. Do not drive merely because a disqualification period has elapsed: obtain the required licence and satisfy its conditions first.
Court preparation and testing evidence
Your notice to appear, summons or bail undertaking gives the court and date. A first mention may lead to a plea and sentence that day or further directions. An adjournment is for the court to decide, and a booking does not change attendance obligations. Legal Aid explains the ordinary Magistrates Court process.
Ask police prosecutions for the QP9, which is the police summary rather than the full brief of evidence. Read it with the actual charge, analysis certificate, notices and traffic history. Tell your lawyer which facts you dispute before a plea; do not alter records or coordinate accounts with witnesses.
Section 80 distinguishes roadside screening from evidentiary analysis and laboratory testing. Refusal offences and their exceptions depend on the particular requirement; they are not all one offence and do not automatically mean two prosecutions. Comply with lawful testing requirements and explain a medical inability promptly. Seeking advice does not itself suspend those requirements.
Evidence can be examined, but a presumed 15-minute defect or supposed universal choice of blood testing is not a reliable defence. Specified certificate/instrument challenges require written notice at least 14 clear days before the return or hearing date under section 80(26). Ask a lawyer early about the evidence, grounds and any need for expert work. There is no automatic dismissal for raising a concern.
A finding of guilt, a recorded conviction, traffic history and a particular disclosure check are different. Section 12 of the Penalties and Sentences Act preserves important consequences even where a conviction is not recorded. Do not assume a ticket, no-recorded-conviction order or passage of five years makes every history disappear. Check the precise employment, licence or disclosure question.
Compare help and likely cost categories
Scroll the tables sideways to compare all columns.
| Option or cost | What to expect | Check first |
|---|---|---|
| Legal Aid advice | 1300 65 11 88, Monday–Friday 8:30am–4:30pm AEST, excluding public holidays. | Ask about traffic advice or a suitable clinic; advice, duty help and a grant of representation are different services. |
| Court duty lawyer | Free help within the scheme’s scope on the court date. | Usually excludes first or second drink/drug-driving-only matters unless imprisonment is likely. Do not rely on automatic representation. |
| Optional Legal Hotline arrangement | AUD$295 including GST for arranging an initial independent-lawyer consultation. Eligible bookings have no extra initial lawyer charge. | Suitability, conflicts and availability; ongoing work, court appearances and applications are separately agreed. |
| Other costs | Fine/levy, licence fees, education, interlock and any lawyer or expert work. | Ask for itemised current estimates. A consultation fee does not pay the fine or include every application. |
Confirm help with Legal Aid Queensland and check the duty-lawyer exclusions. The free 1800 951 176 Legal Hotline line supplies AI-generated general information, not a lawyer’s advice, immediate representation or a court filing.
Prepare a useful consultation pack
- Gather every ticket, TMR notice, notice to appear, summons and bail paper. Record notice, service, payment and court dates without guessing.
- Include the exact charge and BAC certificate, a factual timeline and any relevant medical or testing papers. Preserve originals and messages.
- Obtain the QP9 and current traffic/licence history. Identify disputed entries, pending charges, prior suspensions and your licence status at the offence.
- If work driving matters, describe duties, hours, routes, income, dependants and realistic transport alternatives. Ask what employer affidavit and supporting records are required.
- Ask the lawyer which route and deadlines apply, whether a work or section 79E application is available, what interlock/education steps follow, and who will handle each filing and appearance.
Keep sensitive papers for the lawyer’s agreed secure channel. This checklist does not decide guilt, eligibility or the outcome, and does not change any existing licence restriction or court date.
Optional initial private consultation — AUD$295
Use the notice comparison and checklist above to prepare. If you choose a private consultation, ask about the payment/court decision, licence status and any application before its deadline. Confirm any representation or filing separately.
Legal Hotline is not a law firm. The optional AUD$295 including GST booking and arrangement fee pays Legal Hotline for its platform service. Eligible bookings include an initial consultation with an independent Australian lawyer at no further lawyer charge. Ongoing work and fees are agreed separately with the lawyer.
Suitability, acceptance, conflicts and availability apply. Booking does not lodge an application, stay a suspension or authorise driving. The free 1800 951 176 line provides AI-generated general information; it is not a lawyer or a court representation service.
Official help and free legal information
Ask for help before the relevant payment, application or court date. Legal Aid can explain what advice is available; a duty lawyer is not guaranteed for this type of matter.
Legal Aid Queensland — advice and contacts
1300 65 11 88, Monday–Friday 8:30am–4:30pm AEST, excluding public holidays. Ask about the appropriate traffic-advice service.
Legal Aid Queensland — work-licence guidance
Eligibility, preparation and advice/referral options. A need to drive for work does not by itself establish eligibility.
Legal Aid Queensland — duty-lawyer scope
Check court-date availability and exclusions, particularly first or second drink/drug-driving-only matters.
TMR — restricted-licence process
Official forms and licence-issue steps. TMR information is distinct from legal advice about a plea or court election.
Common Queensland drink-driving questions
Do I always have to go to court for low-range drink driving?
No. Current law permits a $1,295 infringement notice for some eligible low-range motor-vehicle driving or attempted-driving cases. Eligibility depends on licence, vehicle, relevant five-year history and other conditions; police may still proceed by charge. The ticket route carries a separate two-month administrative disqualification and does not provide a section 87 work licence. Read the actual notice before choosing payment or court.
Can I get a work licence after paying the infringement notice?
A section 87 work licence is a court route, not relief from the ticket’s administrative disqualification. Paying or applying for instalments bars the ordinary court election. If keeping work driving is important, obtain advice before either step. Court eligibility is strict and a higher fine or longer disqualification is possible; electing court does not guarantee a work licence. If the matter is already in enforcement, ask about the exact available remedies.
Can I drive until my court date, or after 24 hours?
Not necessarily. The 24-hour suspension has a defined start event, but a section 79B suspension can run from charge until the case is resolved or another statutory endpoint. Mid/high-range and specified refusal, pending-charge and other cases are affected. Read every notice and confirm licence status. Eligible section 79E relief has a 21-day application deadline and requires an actual replacement licence before driving; it is not automatic.
What are the first-offence court penalties?
For an ordinary adult open-licence case without relevant prior convictions, low-range 0.05 to under 0.10 carries up to 20 penalty units or 3 months imprisonment and 2–9 months disqualification. Mid-range 0.10 to under 0.15 carries up to 28 units or 6 months and 3–12 months disqualification. Under-the-influence offences, including a proved 0.15-plus reading, carry up to 40 units or 9 months and at least 6 months disqualification. These are limits, not typical outcomes; licence status, history, other charges, work-licence orders and offence date can change them.
Does a first mid-range offence require an interlock?
It can. Current interlock provisions include a first mid-range motor-vehicle offence, and a restricted work licence does not remove that requirement. The program needs qualifying participation with a valid licence and the required nominated vehicle/interlock or exemption; simply waiting 12 months is not enough. Check education, performance, completion and re-licensing requirements before driving.
Will the court duty lawyer help, and what does AUD$295 cover?
Legal Aid’s duty-lawyer scheme usually excludes a first or second drink/drug-driving-only case unless imprisonment is likely. Ask Legal Aid about advice before court. Legal Hotline’s optional AUD$295 including GST arrangement fee provides an initial independent-lawyer consultation for eligible bookings without a further initial lawyer charge; suitability and availability apply. Court appearances, applications and later work are separately agreed. The free AI information line does not supply a lawyer or representation.
Sources and update record
Checked 23 October 2026 against complete selected current statutory provisions and official guidance, including TORUM sections 79–80, 86–87 and selected education/interlock provisions, licensing chapters 8A–10, and infringement/penalty provisions. This is an adult motor-vehicle overview, not a full audit of every cross-reference, testing device, late-enforcement remedy, record-disclosure rule or older offence transition. Future December changes are excluded.
- Queensland transport Act — offences, suspension and licence relief
- Driver Licensing Regulation — administrative notice and relief procedures
- State Penalties Enforcement Act — ordinary notice choices
- Infringement regulation — qualifying low-range fine
- Penalties and Sentences Act — units and recorded convictions
- Current penalty regulation — $172.70 per unit
- 2026 amending Act — commencement boundaries
- TMR — alcohol limits
- TMR — restricted work licences
- TMR — performance-based interlock program
- TMR — special hardship orders
- Legal Aid Queensland — work-licence advice
- Legal Aid Queensland — court preparation
- Legal Aid Queensland — duty-lawyer limits
- Legal Aid Queensland — contacts and hours
- Legal Hotline — Australian booking
- Legal Hotline — independent lawyer arrangements
- Legal Hotline — customer terms
General information only, not legal advice. Updated . Checked against the sources above on 23 October 2026.