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Brisbane Drink Driving Lawyers

A drink driving charge in Brisbane can have immediate and far-reaching consequences — licence disqualification, fines, a criminal conviction, and potentially imprisonment. For many people, losing their licence means losing their livelihood. Whether you have been charged with low range, mid range, or high range drink driving, or with drug driving, you need an experienced Brisbane traffic lawyer who knows how to achieve the best possible result.

Hannay Criminal Defence’s Brisbane criminal lawyers have defended thousands of drink driving and drug driving matters. We understand the Transport Operations (Road Use Management) Act 1995 (Qld) inside and out, and we know how to protect your licence, minimise penalties, and — where possible — help you avoid a criminal conviction. We don’t miss a trick.

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Drink Driving Offences in Queensland

Drink driving in Queensland is governed by section 79 of the Transport Operations (Road Use Management) Act 1995 (Qld) (TORUM Act). Offences are categorised by your blood alcohol concentration (BAC) reading:

Low range (0.050 to 0.099 BAC) — This is the most common drink driving charge. Penalties include fines and a minimum licence disqualification period. First-time offenders may be eligible for a restricted work licence.

Mid range (0.100 to 0.149 BAC) — This is treated more seriously, with higher fines and longer disqualification periods. Repeat offenders face the possibility of imprisonment.

High range (0.150 BAC and above) — This carries the most severe penalties, including the possibility of imprisonment for up to 9 months (or longer for repeat offenders), significant fines, and extended licence disqualification. Failing or refusing to provide a breath specimen is treated as equivalent to a high range offence.

No alcohol limit (over 0.00 BAC) — Applies to learner drivers, provisional licence holders, and drivers of heavy vehicles, buses, and taxis.

Drug Driving

Under section 79(2AA) of the TORUM Act, it is an offence to drive while a relevant drug is present in your blood or saliva. Queensland has zero tolerance for drug driving. Relevant drugs include THC (cannabis), methylamphetamine (ice), and MDMA (ecstasy). Read more about drug driving charges in Queensland.

Driving Under the Influence (DUI)

Under section 79(1) of the TORUM Act, it is an offence to drive while under the influence of liquor or a drug. DUI is a more serious charge than exceeding the BAC limit and is typically laid where the driver is severely impaired. The maximum penalty is 9 months imprisonment.

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Penalties and Licence Disqualification

Drink driving penalties in Queensland include fines (calculated in penalty units), licence disqualification, imprisonment for serious or repeat offences, community service, and the requirement to participate in the Alcohol Ignition Interlock Program. The disqualification period varies depending on your BAC reading, whether it is a first or repeat offence, and any prior traffic history within the preceding five years.

For a detailed explanation of licence disqualifications for driving offences in Queensland, see our guide.

How We Can Help

Our Brisbane drink driving lawyers can assist you by:

Negotiating with prosecutors to achieve the best possible outcome, including reduced charges or more favourable penalty submissions.

Applying for a restricted work licence where you are eligible, allowing you to continue driving for work purposes during your disqualification period.

Making submissions to avoid a conviction — in appropriate cases, particularly for first-time low range offences, the court may exercise its discretion to not record a conviction.

Challenging the evidence — including the accuracy of the breath testing equipment, whether the breath analysis was conducted lawfully, and whether there are procedural defects in the prosecution’s case.

Advising on whether to seek legal representation or handle the matter yourself — we provide honest advice about when a lawyer can make a difference.

Why Choose Hannay Criminal Defence?

Our experienced team has made thousands of court appearances for drink driving and traffic offence matters in Brisbane Magistrates Courts across the metropolitan area. We provide specialist representation for professionals, public servants, police officers, and athletes for whom a drink driving conviction can have career-ending consequences.

We also defend drink driving charges on the Gold Coast and in Sydney.

Contact Our Brisbane Drink Driving Lawyers Today

Best recommendation: talk to us now. Worst thing to do: do nothing.

Call our Brisbane office on (07) 3063 9799 or contact us online.

Our Brisbane office is at Level 2, 331 George St, Brisbane QLD 4000.

This information is general in nature and does not constitute legal advice. Contact Hannay Criminal Defence for advice tailored to your situation.

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