Drink Driving Lawyers Brisbane
Led by a former police officer and barrister. Drink driving, DUI and traffic matters defended across Queensland.
A drink driving charge in Queensland can affect your licence, your work, and your day-to-day life. Penalties depend on your blood alcohol concentration, licence type, and any previous offences. Even a first offence can result in a fine, licence disqualification and court-imposed conditions.
Sibley Lawyers is a Queensland law firm practising in criminal law, traffic law and employment law. The firm is led by Justin Sibley, a former police officer and barrister, with experience in investigations and courtroom advocacy. That background gives clients practical insight into police procedure, evidence, and the way traffic matters are handled before the court.
We assist clients with drink driving, DUI, drug driving, work licence and other traffic matters across South East Queensland, including Brisbane, Caboolture, Ipswich, Southport and Cleveland.
Led by a former police officer and barrister. Drink driving, DUI and traffic matters defended across Queensland.
A drink driving charge in Queensland can affect your licence, your work, and your day-to-day life. Penalties depend on your blood alcohol concentration, licence type, and any previous offences. Even a first offence can result in a fine, licence disqualification and court-imposed conditions.
Sibley Lawyers is a Queensland law firm practising in criminal law, traffic law and employment law. The firm is led by Justin Sibley, a former police officer and barrister, with experience in investigations and courtroom advocacy. That background gives clients practical insight into police procedure, evidence, and the way traffic matters are handled before the court.
We assist clients with drink driving, DUI, drug driving, work licence and other traffic matters across South East Queensland, including Brisbane, Caboolture, Ipswich, Southport and Cleveland.
What are the Blood Alcohol Concentration (BAC) Limits in Queensland?
Queensland law sets four BAC categories, each carrying different penalties. Understanding which category your charge falls into is the first step in building your defence.
Zero Alcohol Limit
Learner, provisional, and probationary licence holders must have a BAC of 0.00. This zero limit also applies to drivers of particular vehicles including taxis, buses, heavy vehicles, and vehicles carrying dangerous goods. Any detectable alcohol reading results in a charge.
Former police prosecutors on our team
The general alcohol limit for open licence holders in Queensland is 0.05. A reading between 0.050 and 0.099 is classified as a low-range offence. First offenders typically receive a fine and a licence disqualification period of 1 to 9 months. While imprisonment is available as a penalty (maximum 3 months), it is rarely imposed for a first low-range offence.
Mid Range (0.100 to 0.149)
A BAC reading between 0.100 and 0.149 is a mid-range offence and carries significantly higher penalties. A first offence carries a maximum fine of $3,454, a disqualification period of 3 to 12 months, and up to 6 months imprisonment. Mid-range readings also trigger an immediate licence suspension at the roadside.
High Range (0.150 and Above)
A BAC of 0.150 or above is classified as high range. This is the most serious drink driving category and carries a maximum fine of $4,853, a minimum 6 months licence disqualification, and up to 9 months imprisonment for a first offence. High-range offenders are automatically required to participate in the alcohol interlock program before their licence can be restored.
Your Dedicated Criminal Lawyer Defence Team
Sibley Lawyers is a boutique criminal law firm dedicated to providing exceptional legal representation to those facing criminal charges. Our team of experienced criminal lawyer and former prosecutors possess a deep understanding of the criminal justice system, allowing us to develop effective defence strategies tailored to your specific needs.
We are here to protect your rights, safeguard your future, and secure a favourable result in your proceedings. When your freedom is on the line, trust the expertise and dedication of Sibley Lawyers.
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Why Choose Sibley Lawyers for Drink Driving Matters?
Former Law Enforcement Experience
Our investigative background means we understand how roadside testing is conducted and where procedures fall short.
Strong Courtroom Advocacy
Our team includes lawyers admitted as barristers, allowing us to handle court representation in-house where appropriate, without the added cost of briefing external counsel.
Clear Fee Estimates
We discuss likely costs before your matter begins, so you understand the expected fees and what is included.
Free Initial Consultation
Not sure where you stand? We offer a free, no-obligation consultation to discuss your charge, explain your options, and give you practical advice about the next steps.
Five South East Queensland Offices
Brisbane CBD (Level 10, 95 North Quay), Caboolture, Ipswich, Southport, and Cleveland.
Track Record in Work License Applications
We prepare comprehensive applications backed by employer evidence.
Free Initial Consultation.s
Call (07) 3180 0120 to discuss your matter at no cost and with no obligation.
Who Needs a Drink Driving Lawyer?
You should speak with a drink driving lawyer if you are in any of these situations:
- You have been charged with any drink driving offence, from low range through to high range or fail to provide
- You are a professional driver (taxi, bus, truck, rideshare) and a conviction would end your career
- You need your licence for work and want to apply for a work licence or Special Hardship Order
- You are a repeat offender facing mandatory imprisonment or extended disqualification
- You are an interstate or international licence holder charged with drink driving in Queensland
- You believe the breath test was conducted improperly or outside the required timeframe
Even for a first low-range offence, the right legal representation can mean the difference between a conviction that stays on your criminal record and a result that protects your future employment and travel prospects.
Transparent Communication
We believe in open and honest communication with our clients. We will keep you informed every step of the way, explaining your options clearly and providing you with realistic expectations about the outcome of your case.
Drink Driving Penalties in Queensland
Penalties for drink driving offences in Queensland vary based on your BAC reading and the number of prior offences. The following table outlines the maximum penalties for a first offence. Repeat offenders face substantially higher penalties, including fines up to $10,362 and mandatory terms of imprisonment.
| BAC Category | Penalty Units | Max Fine (1st) | Max Disqualification | Max Imprisonment |
|---|---|---|---|---|
| Zero limit Learner & provisional drivers | 14 | $2,417 | 3 to 9 months | 3 months |
| Low range 0.050–0.099 BAC | 14 | $2,417 | 1 to 9 months | 3 months |
| Mid range 0.100–0.149 BAC | 20 | $3,454 | 3 to 12 months | 6 months |
| High range 0.150+ BAC | 28 | $4,835 | Minimum 6 months | 9 months |
Fines listed reflect the Queensland penalty unit increase to $172.70 from 1 July 2026. Repeat offenders may face higher penalties, including fines up to $10,362, longer disqualification periods, interlock requirements and, in serious cases, imprisonment.
Repeat Offender Penalties
If you have one or more prior drink driving convictions within the past five years, the court may treat any further offence more seriously. Under the Transport Operations (Road Use Management) Act 1995 (Qld), repeat drink driving offences can result in higher fines, longer licence disqualification periods, alcohol interlock requirements and, in serious cases, imprisonment.
For some repeat offences, the maximum fine may increase to $6,908, with disqualification of up to 18 months and potential imprisonment. For further repeat offending, penalties may increase to $10,362, with disqualification of up to two years and a higher risk of imprisonment or vehicle-related consequences.
The distinction between a first and repeat offence can significantly affect the penalty. Our lawyers will examine your traffic history and advise how any prior offences may affect your current matter.
Immediate Licence Suspension
Queensland police can suspend your licence at the roadside before you appear in court. The type of suspension depends on your BAC reading:
- BAC below 0.10: a 24-hour immediate suspension, allowing you to drive again the following day while your matter proceeds to court
- BAC 0.10 or above: immediate suspension that continues until your court matter is resolved
- Other serious drink driving matters: immediate suspension may also apply where you fail to provide a specimen or are charged with driving under the influence.
An immediate suspension is not a conviction. It is an administrative action, and your licence disqualification period set by the court runs separately. We can advise whether you are eligible to apply for a restricted licence during the suspension period.
Alcohol Interlock Program
An alcohol interlock is a breath-testing device fitted to your vehicle’s ignition. You must provide a zero alcohol reading before the vehicle will start. In Queensland, interlock participation is likely mandatory in the following circumstances:
- BAC of 0.150 or above
- BAC of 0.100 or above (mid range)
- Failing to provide a breath or blood specimen
- Dangerous driving while affected by alcohol or drugs (section 328A Criminal Code)
- Two or more drink driving offences within a five-year period
The interlock period typically runs for 12 months after your licence disqualification ends. You are responsible for the installation and monthly monitoring costs, roughly $2,600 over the 12-month period. Driving without a fitted interlock when one is required is a separate offence carrying further disqualification.
Drug Driving Offences
Queensland law treats drug driving with the same seriousness as alcohol-related offences. Under section 79(2AA) of the Transport Operations (Road Use Management) Act, it is an offence to drive with a relevant drug in your saliva or blood. Relevant drugs include THC (cannabis), methylamphetamine (ice), and MDMA (ecstasy).
Random drug testing (RDT) uses a saliva sample at the roadside. Unlike alcohol, Queensland’s drug driving laws do not require police to prove that a driver was impaired. This means trace amounts from use days earlier can result in a positive test and a charge.
From 1 July 2026, the penalties for driving with a drug present mirror those for low-range drink driving: a maximum fine of $2,417, disqualification of 1 to 9 months, and up to 3 months imprisonment for a first offence. Repeat offenders face escalating penalties.
If you are charged with driving under the influence of a drug (DUI), the penalties are more severe. A DUI charge requires proof that your driving ability was actually impaired, and carries penalties more aligned to high-range drink driving.
Can You Defend a Drink Driving Charge in Queensland?
Drink driving charges can be difficult to defend, but some cases involve legal or evidentiary issues that should be checked before you plead guilty. Possible issues may include:
- whether the breath, blood or saliva specimen was taken within the required timeframe
- whether you consumed alcohol after driving
- whether police can prove you were driving or “in charge” of the vehicle
- whether the breath analysis equipment was properly operated
- whether the operator was authorised
- whether there was a genuine emergency or another legal basis for the driving
Not every issue will apply in every case. We review the evidence, police procedure and timeline before advising whether there is a realistic basis to challenge the charge.
The Impact of a Drink Driving Conviction in Queensland
A drink driving conviction carries consequences that extend well beyond the courtroom penalty:
- Criminal record: a drink driving conviction is a criminal offence that appears on your criminal history
- Employment: many employers conduct criminal history checks, and certain professions (law enforcement, security, healthcare, transport, finance) may be directly affected
- Travel: countries including the United States and Canada may refuse entry to travellers with drink driving convictions
- Insurance: your motor vehicle insurance premiums will increase substantially and some insurers may refuse cover
- Licence disqualification: you will be unable to drive for the disqualification period, affecting work, family, and daily life
- Interlock costs: if required, the interlock program costs approximately $2,600 over 12 months
These are the reasons it is worth investing in proper legal representation, even for a first offence. Our goal is always to minimise the impact on your life and your future.
Take Control with Experienced Legal Representation
Work Licences and Special Hardship Orders
Work Licence Applications
A work licence allows you to continue driving for work purposes during your disqualification period. To be eligible, you must demonstrate that losing your licence would cause extreme hardship because you need to drive as part of your employment.
Critically, work licences are not available for all drink driving offences. Under the legislation, a work licence cannot be granted if:
- You held a learner, provisional, or probationary licence at the time of the offence
- You were driving a vehicle requiring a particular class of licence you did not hold
- Your BAC was 0.150 or above (high range)
- You have a prior drink driving conviction within the past five years
- You failed or refused to provide a specimen of breath or blood
If you are eligible, the application must be made at the time of sentencing. Our lawyers prepare detailed work licence applications supported by employer evidence, and we have a strong track record of securing these orders for clients in eligible matters.
Special Hardship Orders
If you do not qualify for a work licence, Special Hardship Order (SHO) may be an alternative. An SHO allows restricted driving for specific purposes including travel to and from work, medical appointments, or educational commitments. SHOs are governed by different eligibility criteria and can sometimes be obtained where a work licence cannot.
What Happens After a Drink Driving Charge
Understanding the court process helps reduce anxiety and allows you to prepare properly.
Traffic Offences We Defend in Queensland
Sibley Lawyers boasts a detailed knowledge of traffic laws and regulations, keeping abreast of the latest legislative changes to ensure you receive the most effective legal representation. Our lawyers have triumphed in defending numerous clients against an extensive array of traffic offences, including:
Drink Driving (DUI) and Drug Driving
We recognise the severe repercussions of DUI and Drug Driving charges, encompassing licence disqualifications, hefty fines, and even incarceration. Our traffic lawyer team will leverage their expertise to construct a robust approach aimed at safeguarding your driving privileges and your freedom.
Dangerous Driving and Driving without Due Care and Attention
If you’re facing charges of dangerous driving, driving without due care and attention, or other dangerious actions behind the wheel, we’ll meticulously analyse the evidence, identify potential flaws in the prosecution’s case, and develop a compelling case to mitigate the penalties you may encounter.
Driving While Disqualified
Losing your licence can significantly disrupt your life, affecting your employment, social life, and overall well-being. We are dedicated to diligently working towards minimising your disqualification and helping you get back on the road promptly.
Traffic Accidents
Navigating the legal aftermath of a traffic accident can be overwhelming. We will assist you in comprehending the legal intricacies, protect your rights, and pursue any potential compensation you may be entitled to.
Licence Appeals
If your licence has been disqualified for longer than was reasonable, we can guide you through the appeals process, presenting a persuasive case to have your licence reinstated.
A Special Hardship Order allows a driver with a suspended license to drive under specific conditions, typically for work or medical reasons, if it causes significant hardship.
A work licence allows individuals to drive for work purposes despite a licence disqualification. Sibley Lawyers provides expert legal representation to help secure your driving privileges and protect your livelihood.
Facing demerit point suspension, court-ordered disqualification, or licence loss? We advise on your options, assist with licence appeals where available, and help with work licence or special hardship order applications where you qualify.
But don't just take our word for it
Our Track Record Speaks for Itself
Facing a drink driving charge can put your licence, work, and reputation at risk. Our team has represented clients across Queensland in traffic and criminal law matters, with a focus on clear advice, careful preparation, and strong court advocacy.
Read our client reviews to see how we support people through stressful legal matters.
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Frequently Asked Questions
What is the penalty for a first-time drink driving offence in Queensland?
A low-range first offence (0.050 to 0.099) carries licence disqualification of 1 to 9 months, a maximum fine of about $2,418, and up to 3 months imprisonment. Mid-range (0.100 to 0.149) carries disqualification of 3 to 12 months, a maximum fine of $3,454, and up to 6 months imprisonment. High-range (0.150+) carries a minimum disqualification of 6 months, a maximum fine of about $4,836, and up to 9 months imprisonment.
Can I get a work licence after a drink driving charge?
You may be eligible for a work licence if you held an open licence, your BAC was below 0.150, you were not driving at the time, you have no prior drink driving convictions in the past five years, and you did not fail to provide a specimen. The application must be made at sentencing. A work licence allows you to drive for work purposes only during your disqualification period.
How long does an alcohol interlock stay on my car?
The alcohol interlock period is typically 12 months, starting after your licence disqualification period ends. The interlock must remain fitted for the entire period, and you must comply with all monitoring requirements. The total cost for installation and monthly monitoring is approximately $2,600.
Will a drink driving conviction affect my ability to travel overseas?
Yes, certain countries, including the United States and Canada, may refuse entry to people with drink driving convictions. If international travel is important to you, this is another reason to seek legal advice early.
Can I challenge a breathalyser reading?
Yes. The breath analysis equipment must be properly calibrated, and the testing procedure must comply with strict legislative requirements. If the specimen was taken more than three hours after you last drove, or if there are issues with operator certification or calibration records, the reading may be inadmissible. We review every case for procedural defences.
What is the difference between drink driving and DUI in Queensland?
In Queensland, “drink driving” is often used broadly to describe offences involving alcohol and driving, including driving over the legal BAC limit. “DUI”, or driving under the influence, is generally treated as a more serious offence because it involves being affected by alcohol or drugs to the point that you are not in proper control of the vehicle. A DUI charge can carry penalties similar to high-range drink driving, including licence disqualification, fines, and possible imprisonment.
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Speak With a Drink Driving Lawyer Today
Every day without legal advice is a day of uncertainty you do not need. Whether you have been charged at the roadside or you are waiting for your court date, our team is ready to review your case and give you a clear path forward.
Call (07) 3180 0120 for a free, no-obligation consultation with a Brisbane drink driving lawyer who understands how to protect your licence, your livelihood, and your future.
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