Drink Driving Lawyer Cairns — Charges, Penalties and Sentencing

Drink Driving Charges in Queensland

Drink driving in Queensland is prosecuted under the Transport Operations (Road Use Management) Act 1995 (TORUM Act). The offence is not a simple traffic infringement — it is a criminal charge heard in the Magistrates Court, carrying a criminal conviction, a period of licence disqualification, and a fine. For higher readings and repeat offenders, imprisonment is a real sentencing outcome.

The charge depends on the Blood Alcohol Concentration (BAC) reading and the category of licence held. Queensland operates a tiered system:

• Low range (BAC 0.050–0.099) — the entry-level offence for open licence holders. Penalties include disqualification and a fine.
• Mid range (BAC 0.100–0.149) — more serious penalties, longer disqualification periods, and a higher likelihood of a recorded conviction.
• High range (BAC 0.150 and above) — the most serious BAC category. Disqualification periods and fines are higher, and imprisonment is within the sentencing range for repeat offenders.
• Zero BAC offences — learner, provisional, and probationary licence holders are subject to a zero BAC limit. Any reading above 0.000 is an offence.

Additionally, Queensland has separate categories for failing to provide a specimen (which is treated as Driving Under the Influence for penalty purposes — the most serious category) and driving under the influence (DUI), which does not require a BAC reading and is based on observed impairment.

The Disqualification Framework

The disqualification period is the element of sentencing that affects defendants most directly. Queensland applies mandatory minimum disqualification periods that the magistrate cannot reduce below, regardless of the circumstances. The framework is set out in section 79 of the TORUM Act:

First Offence

• Low range (BAC 0.050–0.099) — minimum 1 month, maximum 9 months
• Mid range (BAC 0.100–0.149) — minimum 3 months, maximum 12 months
• High range (BAC 0.150+) — minimum 3 months, maximum 12 months (set by the court)

Second Offence (one prior within five years)

• Any range (one prior within 5 years) — minimum 3 months, maximum 18 months. The court sets the period within this range based on the BAC reading, the circumstances, and the danger posed.

Third or Subsequent Offence (two or more priors within five years)

• Any range (two or more priors within 5 years) — 6 months, fixed by operation of law. The court has no discretion — the disqualification is automatic and cannot be reduced or extended.

The distinction between first and subsequent offences is critical. Queensland counts prior drink driving offences within the last five years for the purposes of determining the disqualification period. An offence outside the five-year window does not count — a person with a drink driving conviction from 2018 is treated as a first offender in 2026.

What Your Lawyer Reviews

For the majority of drink driving charges, a guilty plea is the appropriate course and the focus is on sentencing preparation. However, a lawyer will always review the prosecution brief before advising on plea — because the prosecution must still prove every element of the charge.

The review includes checking that the breath analysis was conducted in accordance with the approved procedure, that the machine was properly calibrated, and that the operator was certified. If there is a procedural issue with the evidence, your lawyer will advise you on the options. In practice, the prosecution brief is usually in order, and the advice will be to plead guilty and focus on achieving the best possible sentencing outcome.

This review is a standard part of legal representation — it ensures that you only plead guilty when the evidence supports the charge, and that any genuine issues are identified early.

Sentencing Preparation — What Makes the Difference

For the majority of drink driving charges, the guilty plea is inevitable and the focus shifts to sentencing preparation. The gap between the minimum and maximum penalties is significant, and the sentencing outcome depends on the quality of the material the defence puts before the magistrate.

Traffic History

The defendant's traffic history is the first document the magistrate looks at. A clean traffic history (no prior drink driving, no disqualified driving, no serious traffic offences) is the strongest single mitigating factor. A poor traffic history — particularly prior drink driving within the last five years — is the strongest aggravating factor.

Character References

References from employers, community members, and family that speak to the defendant's character and the impact of a lengthy disqualification on their employment and family are relevant. The references should be specific: they should explain how the defendant will be affected by the loss of their licence, not just say they are a "good person."

Alcohol Assessment or Counselling

Evidence that the defendant has proactively sought an alcohol assessment, attended counselling sessions, or engaged with an alcohol and drug service demonstrates accountability and insight. This is not an admission of having an alcohol problem — it is evidence of taking the charge seriously and addressing the underlying behaviour.

The QLD Traffic Offender Program (QTOP)

Completion of the Queensland Traffic Offender Program before sentencing is a powerful mitigating factor. QTOP is a rehabilitation program that demonstrates the defendant's commitment to addressing their offending behaviour. Magistrates in the Cairns Magistrates Court give significant weight to QTOP completion, and it can materially reduce the disqualification period within the available range.

The Interlock Device

For mid-range and high-range offences, and for all second or subsequent offences, Queensland requires the installation of an alcohol interlock device as a condition of relicensing after the disqualification period expires. The interlock period runs for a specified time after the disqualification period ends — typically 12 months for mid-range first offences and 24 months for high-range or repeat offences.

The interlock device prevents the vehicle from starting if the driver's breath contains alcohol above a very low threshold (typically 0.020). The cost of the device — installation, monthly rental, and removal — is borne by the defendant. This is a significant additional cost that defendants frequently do not anticipate when budgeting for the consequences of the charge.

Work Licences and Special Hardship Orders

Queensland provides two mechanisms for maintaining limited driving privileges during the disqualification period:

• Work Licence (section 87 TORUM Act) — allows the defendant to drive for work purposes only during the disqualification period. Eligibility is restricted: the defendant must not have had a prior drink driving offence in the last five years, must not have been driving for work at the time of the offence, and must demonstrate that the loss of their licence would cause extreme hardship in their employment.
• Special Hardship Order — an order under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 (Qld) that authorises restricted driving during a licence suspension for demerit points or other administrative suspensions. SHOs are separate from work licences and can cover work driving, medical appointments, and family care responsibilities.

These applications are separate proceedings from the sentencing hearing and require dedicated preparation — including employer evidence, an affidavit, and in the case of SHOs, evidence of the specific hardship being experienced.