TOP 10LAWYERS

Top 10 Drink Driving Lawyers in Brisbane

Ten Brisbane drink driving lawyers, with what each one suits, how they handle work licences, and how to reach them quickly.

Google ratings checked 18 October 2026 Updated 23 October 2026

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Grouped by what each firm publishes about its own work. Most firms on this list handle all common drink driving law matters.

The Top 10 Drink Driving Lawyers in Brisbane

Ten drink driving law firms in Brisbane, with their experience, accredited specialists, Google ratings and what each one suits.

Driving Law

Milton, plus seven other offices from the Gold Coast to Hervey BayTraffic law only

5.0

30 Google reviews

Checked 18 October 2026

Best for People who want a traffic only firm with a written fixed quote and phones answered seven days.

  • The firm works only in traffic law and says it covers 26 Magistrates Courts from Coolangatta to Bundaberg and west to Gatton.
  • Founder Steven Brough started the firm in 2010 after more than a decade appearing in Queensland Magistrates Courts, according to its About page.
  • Phones are answered 7am to 7pm, seven days, and the firm says it emails a written fixed fee quote the same day.
First consultation
Free phone advice and a free written fixed quote. Published fixed prices
Office
Level 1, 16 McDougall St, Milton QLD 4064
Full profile: lawyers, services and sources

About the firm

A traffic law only firm. Steven Brough started it in 2010 after more than a decade in Queensland Magistrates Courts, and it now has eight offices and a team of traffic lawyers covering 26 courts. It's the only firm on this list that publishes fixed prices on its website, so you can see the cost of a plea, with or without a work licence application, before you call. Phones are answered 7am to 7pm, seven days.

Founded in 2010

Lawyers

No accredited specialists are named on the firm's website.

  • Steven Brough, Founder and Principal Solicitor
  • Russell Tannock, Senior Traffic Lawyer
  • Jacob Pruden, Senior Traffic Lawyer
  • Sarah Churches-Kennedy, Traffic Lawyer
  • Will Kennedy, Traffic Lawyer
  • Ryan Bentley, Traffic Lawyer
  • Braden Milburn, Traffic Lawyer

Areas of drink driving law handled

  • Drink driving
  • High range drink driving
  • Drug driving
  • Work licences
  • Special hardship orders
  • High speed suspension
  • Disqualified driving
  • Dangerous driving
  • Unlicensed driving
  • Careless driving
  • Evading police
  • Removal of suspension

Office

Level 1, 16 McDougall St, Milton QLD 4064

Other details

Other offices
Gold Coast (Bundall), Sunshine Coast (Maroochydore), North Brisbane (Brendale), Ipswich, Logan (Loganholme), Toowoomba and Hervey Bay (Pialba)

Sources

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Potts Lawyers

Brisbane CBD (Santos Place, Turbot Street), plus Southport and LismoreCriminal, traffic and litigation

4.6

89 Google reviews

Checked 18 October 2026

Best for People facing a repeat or serious drink driving charge, or one that comes with other criminal charges.

  • The firm describes itself as Queensland's largest private criminal law firm, acting across Queensland and Northern New South Wales.
  • Managing director Cameron Browne is one of a small number of Accredited Criminal Law Specialists in Queensland, according to the firm's team page.
  • Its drink driving page sets out how penalties step up with one or two prior convictions and offers a free 20 minute consultation.

Accredited criminal law specialist (1)Cameron Browne

First consultation
Free 20 minute consultation. Costs usually quoted in advance
Office
Santos Place, Level 6, 32 Turbot Street, Brisbane QLD 4000
Full profile: lawyers, services and sources

About the firm

One of the best known criminal defence names in Queensland, and it calls itself the state's largest private criminal law firm. Managing director Cameron Browne is an accredited criminal law specialist, according to the firm's website. Drink driving sits inside a broad traffic practice that handles repeat offences and work licences, and it's a sensible choice if your charge is serious or comes with other charges. The drink driving page offers a free 20 minute consultation, and the firm says it can usually tell you your costs upfront.

Lawyers

The team page lists many criminal lawyers but does not say which of them handle drink driving matters day to day.

  • Cameron Browne, Managing Director, Accredited Specialist (Criminal Law) Accredited criminal law specialist
  • Jack Bendall, Senior Associate, Criminal Lawyer (criminal and traffic law, including dangerous driving)

Areas of drink driving law handled

  • Drink driving
  • Repeat drink driving offences
  • Work licences
  • Drug driving
  • Dangerous driving
  • Licence appeals
  • Driving unlicensed
  • Disputing a traffic fine
  • Failure to remain at a road accident

Office

Santos Place, Level 6, 32 Turbot Street, Brisbane QLD 4000

Other details

Other offices
Gold Coast (44 Davenport Street, Southport) and Lismore NSW. 24 hour line 0488 999 980

Sources

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Craven Lawyers

Brisbane CBD (One Eagle, Eagle Street), plus Varsity Lakes and BrookwaterCriminal and traffic law

4.8

17 Google reviews

Checked 18 October 2026

Best for People who want a former prosecutor's read on their charge and a detailed work licence application.

  • Founder Justin Craven started the firm in 2015 after eight years prosecuting for the Queensland Office of the Director of Public Prosecutions, according to the firm.
  • Its work licence page works through section 87 of the Transport Operations (Road Use Management) Act, including the five year rules and the mandatory employer affidavit.
  • The first consultation is free and the firm says it calls back within 15 minutes during business hours.
First consultation
Free first consultation. Fixed fees for each stage, quoted upfront
Office
Level 34 One Eagle, 1 Eagle Street, Brisbane City QLD 4000
Full profile: lawyers, services and sources

About the firm

Director Justin Craven leads the firm's criminal law division and, according to the firm, has appeared in the Magistrates, District and Supreme Courts. The drink driving page is one of the most detailed on this list, covering work licences under section 87, failing to provide a sample, repeat offences and interlocks, with its penalty table updated for July 2026. The first consultation is free and the firm aims to call back within 15 minutes in business hours. It usually gives fixed fees for each stage, though it doesn't publish prices.

Founded in 2015

Lawyers

Justin Craven is the only lawyer named on the site; the drink driving page refers to an unnamed team that includes a former prosecutor.

  • Justin Craven, Founder and Director

Areas of drink driving law handled

  • Low, mid and high range drink driving
  • Failing to provide a breath or blood specimen
  • Repeat drink driving offences
  • Work licences (section 87)
  • Special hardship orders
  • Removal of licence disqualification
  • Drug driving
  • Unlicensed driving
  • Alcohol ignition interlock advice
  • Traffic offender programs and character references
  • Other traffic offences

Office

Level 34 One Eagle, 1 Eagle Street, Brisbane City QLD 4000

Other details

Other offices
Gold Coast (Varsity Lakes) and Ipswich (Brookwater), both by appointment

Sources

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AW Drink Driving Lawyers

Upper Roma Street, Brisbane CBD, near the Roma Street courtsDrink driving and traffic division of Aitken Whyte Lawyers

4.8

5 Google reviews

Checked 18 October 2026

Best for People who want a dedicated drink driving and licence team that appears in courts across South East Queensland.

  • AW Drink Driving Lawyers is a business name owned by Aitken Whyte Lawyers Pty Ltd and runs as its drink driving, traffic and licence division.
  • Principal Robert Aitken began in private practice in 1992 and, according to the firm, oversees every client's matter.
  • The firm says its lawyers often appear from Noosa on the Sunshine Coast to Coolangatta on the Gold Coast, and it charges a fixed fee for most court appearances.
First consultation
Free consultation. Fixed fee for most court appearances
Office
2/414 Upper Roma Street, Brisbane QLD 4000
Full profile: lawyers, services and sources

About the firm

The drink driving, traffic and licence division of Aitken Whyte Lawyers, a general Brisbane firm led by principal Robert Aitken, who has been in private practice since 1992. Its lawyers appear in courts from Noosa to Coolangatta, and the service list covers work licences, special hardship orders, drug driving, general traffic offences and removing long disqualifications. It charges a fixed fee for most court appearances and offers a free consultation.

Lawyers

The site does not have a team page and names no other lawyers apart from first names in client reviews.

  • Robert Aitken, Principal

Areas of drink driving law handled

  • Drink driving
  • Drug driving
  • Work licences
  • Special hardship orders
  • Removal of disqualification
  • Unlicensed and disqualified driving
  • Dangerous driving
  • Careless driving
  • Evading police
  • Hooning

Office

2/414 Upper Roma Street, Brisbane QLD 4000

Other details

Other offices
Sunshine Coast and Gold Coast (phone numbers listed, no street addresses)

Sources

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Russo Lawyers

George Street, Brisbane CBDCriminal, traffic and family law

Best for People who may qualify for Legal Aid, or who need a section 79E order or interlock exemption sorted quickly.

  • The firm's traffic page explains special hardship orders and section 79E applications, including the 21 day deadline to lodge them.
  • It also covers alcohol ignition interlock periods and exemption applications to the Department of Transport and Main Roads.
  • The firm says it acts through Legal Aid Queensland for clients who are eligible, and lists Brendan Beavon as principal and Peter Russo as consultant.
First consultation
Fees quoted case by case. Accepts Legal Aid Queensland work
Office
Level 5, 420 George Street, Brisbane QLD 4000
Full profile: lawyers, services and sources

About the firm

A criminal, traffic and family law firm on George Street, a short walk from the Brisbane Magistrates Court. Brendan Beavon is the principal, with Peter Russo now a consultant to the firm. Its traffic page goes into more detail than most on interlock exemptions, special hardship orders and section 79E applications, including the 21 day deadline to file. It also takes Legal Aid Queensland work for clients who qualify, which most private firms on this list don't. Fees are quoted case by case.

Lawyers

The team page does not say which lawyers handle traffic matters.

  • Brendan Beavon, Principal
  • Shane McDowell, Senior Associate
  • Jack Volkers, Solicitor
  • Peter Russo, Consultant

Areas of drink driving law handled

  • Drink driving
  • Drug driving
  • Work licences
  • Special hardship orders
  • Section 79E orders
  • Alcohol ignition interlock exemption applications
  • Speeding
  • Unlicensed and disqualified driving
  • Demerit points and SPER matters
  • Traffic infringement notices

Office

Level 5, 420 George Street, Brisbane QLD 4000

Sources

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Harper Finch Lawyers

North Quay, Brisbane CBDTraffic and criminal law

4.9

144 Google reviews

Checked 18 October 2026

Best for People who want the principal involved in a drink driving or work licence matter at a small firm

  • According to the firm, principal David Abrey ran the traffic and criminal law division of a boutique Brisbane firm before founding Harper Finch.
  • The drink driving page says the firm works on fixed fees with no hidden costs.
  • The contact page lists an emergency number the firm says is answered 24/7, on top of weekday office hours.
First consultation
Free initial consultation
Office
Level 10/95 North Quay, Brisbane QLD 4000
Full profile: lawyers, services and sources

About the firm

A small practice led by its principal, David Abrey, who started out in the traffic and criminal division of a Brisbane firm before opening his own. If you want the same lawyer from first call to court, a firm this size is more likely to give you that. The drink driving page explains work licence eligibility and when an interlock applies, and the firm offers a free initial consultation.

Lawyers

The site names only the principal and refers to its other traffic lawyers without naming them.

  • David Abrey, Principal

Areas of drink driving law handled

  • Drink driving and DUI charges
  • Over the limit while in charge of a vehicle
  • Drug driving
  • Work licences
  • Special hardship orders
  • Special licence applications
  • Careless driving
  • Dangerous operation of a motor vehicle
  • Disqualified driving
  • Unlicensed driving
  • Speeding

Office

Level 10/95 North Quay, Brisbane QLD 4000

Sources

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Hannay Criminal Defence

Brunswick Street, Fortitude Valley, plus Southport and SydneyCriminal defence, including traffic

4.8

86 Google reviews

Checked 18 October 2026

Best for People facing a drink driving charge alongside other criminal or traffic charges who want a defence firm with after hours access

  • Brisbane managing solicitor Hugh Stitt regularly represents clients charged with summary and traffic offences, according to his profile.
  • The contact page lists a 24 hour hotline and a separate after hours number.
  • The firm's traffic page covers work licence eligibility as well as dangerous driving, hooning and evading police charges.
First consultation
Free initial consultation. 24 hour phone line
Office
388 Brunswick St, Fortitude Valley QLD 4006
Full profile: lawyers, services and sources

About the firm

A criminal defence only practice led by director Daniel Hannay, with offices in Fortitude Valley, Southport and Sydney and a 24 hour phone line. In Brisbane, managing solicitor Hugh Stitt regularly handles summary and traffic matters. Its drink driving page is shorter than most here, so ask on the first call how they'd approach a work licence if you need one. The first consultation is free.

Lawyers

Daniel Hannay's profile lists serious criminal work rather than traffic; Hugh Stitt is the Brisbane lawyer whose profile mentions traffic matters.

  • Daniel Hannay, Director
  • Hugh Stitt, Managing Solicitor (Brisbane)
  • Farshad Sarabi, Managing Solicitor (Gold Coast)
  • Richard Niu, Solicitor (Gold Coast), criminal and traffic law

Areas of drink driving law handled

  • Drink driving
  • Drug driving
  • Drink driving work licences
  • Restricted work licence eligibility
  • Licence disqualification advice
  • Dangerous operation of a vehicle
  • Driving while disqualified or suspended
  • Unlicensed driving
  • Evading police
  • Hooning offences

Office

388 Brunswick St, Fortitude Valley QLD 4006

Other details

Other offices
Southport (Gold Coast) and Sydney

Sources

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Cullen Lawyers

Petrie Terrace, Brisbane, plus MelbourneCriminal, traffic and family law

5.0

123 Google reviews

Checked 18 October 2026

Best for People who need a work licence application run in court and want to avoid a conviction where possible

  • The drink driving page lists case examples including no conviction recorded with a much shorter licence suspension, and a work licence granted so a client could keep working.
  • The firm also acts for jockeys and trainers in racing integrity matters, appeals and suspensions.
  • The firm says it appears in courts across Queensland, from Brisbane to Cairns and Townsville, as well as northern NSW and Melbourne.
First consultation
Free consultation
Office
276 Petrie Terrace, QLD 4000
Full profile: lawyers, services and sources

About the firm

A criminal and traffic firm run by director Corey Cullen from Petrie Terrace, close to the Roma Street courts, with a second office in Melbourne. Its drink driving work includes court appearances and work licence applications, and its case examples include reduced suspensions and no conviction recorded outcomes. It also has an unusual niche acting for jockeys and trainers in racing matters. The first consultation is free.

Lawyers

The team page gives titles only and doesn't say which lawyers handle traffic matters.

  • Corey Cullen, Director
  • Thomas Cicchinni, Solicitor
  • Koopyr Bailey, Solicitor

Areas of drink driving law handled

  • Drink driving court representation
  • Drug driving
  • Work licence applications
  • Licence suspension advice
  • Licence appeals
  • QCAT licensing proceedings
  • Traffic offences

Office

276 Petrie Terrace, QLD 4000

Other details

Other offices
Melbourne (Lonsdale Street)

Sources

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Drink Driver Lawyer

George Street, Brisbane CBD, plus SouthportTraffic and drink driving law

Best for People who want a quick response and a fixed quote before committing, with the option to pay over time

  • The firm says it will contact you within an hour of a call-back request.
  • Its process starts with a free case assessment by phone or web chat, then a free meeting in person or by video where it gives a fixed quote.
  • According to the firm, clients pay a small deposit and then set up a payment plan.
First consultation
Free case assessment and first meeting. Fixed quote, with a deposit and payment plan
Full profile: lawyers, services and sources

About the firm

A traffic and drink driving brand with offices on George Street in the city and in Southport. Its Google listing names Donnelly Law Group as the firm behind it. It says it responds to enquiries within an hour, and it offers a free case assessment by phone and a free first meeting, where it gives a fixed quote. It's one of the few firms here that mentions payment plans: a small deposit, then instalments. Its website doesn't name its lawyers in full.

Areas of drink driving law handled

  • Low range drink driving
  • Mid range drink driving
  • High range drink driving
  • Refusing a breath test
  • Drug driving
  • Dangerous driving
  • Unlicensed driving
  • Work licences
  • Special hardship orders
  • General traffic offences

Other details

Other offices
Southport (13 Hicks Street, near Southport Magistrates Court)

Sources

Back to the list

Guest Lawyers

George Street, Brisbane CBDCriminal and traffic law

4.4

21 Google reviews

Checked 18 October 2026

Best for People whose drink driving charge comes with other criminal charges, or a court outside the city

  • Handles drink driving pleas and appeals, with work licences and special hardship orders as a separate traffic service.
  • Appears in courts from Brisbane to Southport, Ipswich, Maroochydore and Toowoomba, the firm says.
  • Free first consultations, including by video or in prison.
First consultation
Free initial consultation, in the office, by video or in prison
Office
Level 1, 331 George Street, Brisbane QLD 4000
Full profile: lawyers, services and sources

About the firm

A criminal and traffic firm on George Street led by directors Adam Guest, admitted in 1999, and Lewis Hunter. Its drink driving work covers Magistrates Court pleas and appeals, and work licences and special hardship orders are handled as a separate traffic service. The firm appears in courts from Brisbane to Southport, Ipswich, Maroochydore and Toowoomba. It suits a drink driving charge that comes with other charges. First consultations are free, including by video or in prison.

Lawyers

  • Adam Guest, Director
  • Lewis Hunter, Director
  • Chelsea Waters, Solicitor
  • Jack Volkers, Solicitor
  • Anna Child, Solicitor

Areas of drink driving law handled

  • Drink driving
  • Drug driving
  • Work licences
  • Special hardship orders
  • Dangerous driving
  • Unlicensed driving
  • Speeding
  • Appeals

Office

Level 1, 331 George Street, Brisbane QLD 4000

Sources

Back to the list

Firm details come from each firm's own website. Google ratings are shown as published on Google and don't set the order. Spotted something out of date? Tell us.

Not sure which firm suits you?

Tell us a little about your matter and we'll put you in touch with a Brisbane drink driving lawyer. It's free and there's no obligation.

How we compiled this list

We include firms with a Brisbane office that regularly handle drink driving charges. For each firm we read its own website in October 2026 and wrote the description ourselves. Fees and free consultations are as the firm describes them, so confirm them when you call. We show Google ratings with the date we checked them.

No firm pays for its place on this list. If something here is out of date, let us know. There's more detail on how we rank law firms.

This page is general information, not legal advice. Penalties and rules are as published by the Queensland Government and Legal Aid Queensland in October 2026.

Where Brisbane drink driving charges are heard

Drink and drug driving charges in Queensland are heard in the Magistrates Court. In the city that's the Brisbane Magistrates Court at 363 George Street. If you were charged in the suburbs, your notice may send you to a local court instead. Greater Brisbane has Magistrates Courts at Holland Park, Richlands, Pine Rivers (Strathpine), Wynnum, Sandgate, Redcliffe, Cleveland, Beenleigh, Ipswich and Caboolture.

If you were arrested and held in custody, your first appearance is usually at the Roma Street Arrest Courts at 240 Roma Street. Check the court and date on your notice to appear, and ask any lawyer you call whether they regularly appear there. Most Brisbane traffic lawyers cover all of these courts.

Low range tickets from 31 August 2026

Since 31 August 2026, police can deal with some first offences with a reading of 0.05 to under 0.10 with an infringement notice instead of a court date. It's generally only for drivers on an open Queensland licence, with no drink driving offence in the last 5 years, who weren't driving a truck, bus, taxi or other zero limit vehicle. Offences under 0.05 by learner, P plate, probationary, restricted or zero limit vehicle drivers still go to court.

If you don't elect to go to court, you're disqualified for 2 months from a start date set by regulation, and the offence counts as a conviction on your record. If you'd need a work licence, get advice quickly, because only a court can grant one and electing court is the only way to keep that option open.

Queensland drink driving penalties for a first offence

These are the maximum penalties for a first offence, as published by the Queensland Government. Fines rose by 3.5% on 1 July 2026. The magistrate decides the actual penalty within these ranges, based on your reading, your traffic history and your circumstances.

Reading (BAC)Licence disqualificationMaximum fineMaximum jail
Over 0.00, under 0.05 on a learner, provisional, probationary or restricted licence, or unlicensed3 to 9 months$3,4543 months
Over 0.00, under 0.05 driving a truck, bus, taxi or other zero limit vehicle1 to 9 months$3,4543 months
0.05 to under 0.102 to 9 months$3,4543 months
0.10 to under 0.153 to 12 months$4,8356 months
0.15 and overAt least 6 months$6,9089 months

Penalties step up sharply for a second offence within 5 years. For a reading of 0.05 to under 0.15, the disqualification range becomes 3 to 18 months, with a fine of up to $4,835 or 6 months in jail. At 0.15 and over, or under the influence, disqualification is automatic for at least 1 year (at least 2 years for a third offence), the maximum fine is $12,434 or 18 months in jail, and a third such offence within 5 years must include jail. Police can also impound your car for a repeat high range offence or refusal: 7 days for a second offence within 5 years and 90 days for a third.

Work licences: the decision you make before court

A work licence lets you keep driving for work while you're disqualified. In Queensland you apply in the same court case, and it has to be dealt with before the magistrate makes the disqualification order. Once you've been disqualified, it's too late. Because the application needs affidavits from you and your employer, speak to a lawyer well before your court date.

To be eligible, Legal Aid Queensland says you need all of these:

  • Your reading was under 0.15
  • You held a current Queensland open licence when you were caught, and still do
  • You weren't driving for work, or already on a work licence, at the time
  • No drink driving conviction, and no licence suspension, cancellation or disqualification, in the last 5 years. The 24 hour suspension on the night, the immediate suspension for this charge, and a SPER suspension for an unpaid fine don't count
  • No dangerous driving conviction in Queensland in the last 5 years

You also have to show the court that you'd lose your job and income without a licence, causing extreme hardship to you or your family, and that you're a fit and proper person to hold one. You'll need an affidavit from you and one from your employer. If the court grants a work licence, the disqualification it orders can be up to twice as long as it would otherwise have been.

Special hardship orders are often mentioned in the same breath, but they're for licence suspensions from speeding or demerit points, not for drink driving disqualifications.

Alcohol ignition interlocks

An interlock is a breath testing device wired into your car. You must take part in the interlock program after your disqualification ends if you're convicted of driving at 0.10 or over, driving under the influence of alcohol, refusing a breath analysis or blood test, dangerous driving while affected by alcohol, or two drink driving offences within 5 years. If you get a work licence after a reading of 0.10 to under 0.15, the interlock applies from the day the work licence is granted.

You can only drive a nominated vehicle with an interlock fitted, which can be a work vehicle, and exemptions are limited. You pay for it: the Queensland Government puts the cost at about $2,600 for 12 months, plus a licence fee. If you choose not to do the program, you can't drive for 5 years.

Drug driving

In Queensland it's an offence to drive with any detectable amount of THC (cannabis), methylamphetamine (ice or speed), MDMA or cocaine in your saliva or blood, whether or not you feel affected. For a first offence the disqualification is 1 to 9 months and the maximum fine is $2,417 or 3 months in jail, and a work licence can be available. Driving while under the influence of any drug, including prescription medication, is a separate and more serious charge, and no work licence is available for it.

What to do after you've been charged

  • Check your paperwork. Note your reading, the court and the date on your notice to appear.
  • Work out if you need a work licence. If you do, talk to a lawyer well before your first court date, because the application has to be ready on the day.
  • Don't drive while suspended. Driving during a suspension or disqualification is a separate offence with heavy penalties.
  • Ask about fees. Many Brisbane drink driving lawyers charge a fixed fee for a guilty plea, with a separate fee for a work licence application.
  • Gather references. A character reference from your employer or someone who knows you well can help when the magistrate decides your penalty.

Brisbane drink driving law: common questions

Will I lose my licence straight away?

If your reading was under 0.10, your licence is suspended for at least 24 hours and you can usually drive again until your case is dealt with. For a reading of 0.05 to under 0.10, police may give you an infringement notice instead of a court date, with a 2 month disqualification from a start date set by regulation, unless you elect to go to court. If it was 0.10 or over, or you refused a breath analysis or blood test, your licence is suspended immediately until the court deals with the charge. You can ask the court for a section 79E order to keep driving in the meantime, which is mainly useful if you're pleading not guilty. A lower reading can also lead to immediate suspension if you already have a drink driving charge waiting to be heard.

How long will I lose my licence for?

For a first offence in court, the magistrate sets the disqualification within a range: 2 to 9 months for a reading of 0.05 to under 0.10, 3 to 12 months for 0.10 to under 0.15, and at least 6 months for 0.15 and over. Learner and provisional drivers over 0.00 face 3 to 9 months. A low range infringement notice means a fixed 2 months. For a second offence within 5 years it's 3 to 18 months under 0.15, and at least 1 year at 0.15 and over.

Can I get a work licence for drink driving in Queensland?

Possibly, if your reading was under 0.15, you hold an open Queensland licence, and you haven't had a drink driving conviction or lost your licence in the last 5 years. You apply in court, before the magistrate disqualifies you, and must show that losing your licence would cost you your job and cause extreme hardship. Learner and provisional drivers can't apply. If you were given a low range infringement notice, you'd need to elect to go to court to apply.

Do I need a lawyer for a first drink driving charge?

You don't have to have one, and some people plead guilty on their own for a low reading. A lawyer is most useful if you need a work licence, if your reading was high, if it's not your first offence, or if you think the reading or the police process was wrong. Legal Aid has free duty lawyers at most Magistrates Courts, but they generally won't help with a first or second drink or drug driving charge unless you're likely to go to jail, and they don't do trials.

What happens if I refuse a breath test?

It depends on which test. Refusing the roadside breath test carries a maximum fine of $6,908 or 6 months in jail. Refusing the breath analysis at the station, or a blood test, is treated like driving under the influence: a maximum fine of $6,908 or 9 months in jail, at least 6 months disqualification, an immediate licence suspension until court, no work licence, and an interlock when you get your licence back.

Does a drink driving conviction mean jail?

Every drink driving offence carries a possible jail term, but for a first offence under 0.15 a fine and disqualification is the usual result. The risk rises with high readings, repeat offences, driving while disqualified, or where someone was hurt, and a third under the influence offence within 5 years must include jail. Your lawyer can tell you what's realistic for your situation.

General information only, not legal advice.

Related pages

Sources for the legal information on this page