If you have been charged with high range drink driving in Queensland, you are probably scared, confused, and wondering whether you are going to end up behind bars. This guide gives you a straight answer, and explains exactly what factors will determine your outcome.
The short version: jail is possible for high range drink driving in QLD, but it is not automatic. For many first offenders, it can be avoided with the right legal representation. What happens to you will depend on your BAC reading, your personal circumstances, your history, and how effectively your case is presented to the magistrate.
Do not wait to get advice on this. Call our Traffic Lawyers in Cairns on 07 4035 8300 as soon as possible after being charged, the earlier we can prepare your matter, the better your outcome is likely to be.
Table of Contents
1. What is High Range Drink Driving in Queensland?
In Queensland, drink driving offences are divided into three categories based on your blood alcohol concentration (BAC) reading:
- Low range: 0.05 – 0.099
- Mid range: 0.10 – 0.149
- High range: 0.15 and above
High range is the most serious drink driving category. A reading of 0.15 or above triggers mandatory licence disqualification, significant fines, and the real possibility of imprisonment, even for a first offence. Under the Transport Operations (Road Use Management) Act 1995 (QLD), these penalties are applied by the Magistrates Court at sentencing.
2. What Are the Penalties?
First Offence
- Maximum fine: 60 penalty units (currently approximately $9,287)
- Maximum imprisonment: 9 months
- Licence disqualification: Minimum 6 months (no upper limit at the court’s discretion)
- Interlock condition: Mandatory upon licence reinstatement
Second or Subsequent Offence (within 5 years)
- Maximum fine: 120 penalty units (approximately $18,573)
- Maximum imprisonment: 18 months
- Licence disqualification: Minimum 12 months
- Interlock condition: Mandatory upon licence reinstatement
These are maximum penalties. What you actually receive depends on the specific facts of your case, your personal circumstances, and the quality of your plea in mitigation. You can read more about how drink driving penalties work in Queensland on our website.
3. Will You Lose Your Licence? For How Long?
Yes, a disqualification is mandatory for high range drink driving in Queensland. The minimum period is 6 months for a first offence, but courts regularly impose longer periods depending on the BAC reading. For a reading significantly above 0.15, particularly anything at or above 0.200, expect the court to take a more serious view of the disqualification period.
This is one of the most important reasons to have a drink driving lawyer in Cairns in your corner. A well-prepared plea can influence not only whether you avoid imprisonment, but also the length of your disqualification.
4. Can You Get a Work Licence? (The Hard Truth)
No. In Queensland, if your BAC reading is 0.15 or higher (High Range), you are statutorily ineligible to apply for a Restricted Work Licence (s87).
This is often the hardest news for clients to hear. Because the court cannot grant you a work licence regardless of how much you need one, your legal strategy must change.
The focus shifts entirely to minimising the disqualification period. The difference between the mandatory minimum of 6 months and a court-imposed 12+ months could be the difference between keeping your job or losing it. This is why having a lawyer argue your case is essential.
Call our traffic lawyers in Cairns on 07 4035 8300 as early as possible if keeping your license for work is a priority.
5. What is the Interlock Programme?
If you are convicted of high range drink driving in Queensland, an alcohol interlock condition will be placed on your licence when you are eventually reinstated. An interlock device is fitted to your vehicle, the car will not start if it detects alcohol on your breath.
The minimum interlock period for high range drink driving is 2 years. During this time you must use an interlock-fitted vehicle for all driving. For a detailed breakdown of how this system works and potential exemptions. There are limited exemptions available, and the application process is strict. You can read more about interlock exemptions in Queensland and whether you may qualify, or review the Queensland Government’s interlock programme overview for further detail.
6. What Factors Will the Court Consider at Sentencing?
When a magistrate sentences you for high range drink driving, they will consider your exact BAC reading, whether this is a first or repeat offence, whether you cooperated with police, your personal circumstances including employment and family responsibilities, evidence of genuine remorse, any steps already taken to address alcohol use, and the quality and persuasiveness of your plea in mitigation.
That last point matters more than most people expect. A lawyer who appears regularly in the Cairns Magistrates Court knows how local magistrates approach these matters and what arguments carry real weight. This is not the kind of hearing where turning up unprepared serves you well.
7. Do You Need a Lawyer?
For low range drink driving, some people manage without representation. For high range, where imprisonment, lengthy disqualification, and mandatory interlock are all on the table, we would strongly advise against going it alone.
MB & Co Lawyers represent clients facing drink driving charges across Cairns, Innisfail, Mareeba, and the broader Far North Queensland region. Call us on 07 4035 8300 or contact us online to discuss your matter. The earlier you call, the more time we have to prepare.
8. Frequently Asked Questions
Will a high range drink driving conviction appear on my criminal record?
Yes. A drink driving conviction in Queensland results in a recorded conviction on your traffic history. This can affect employment applications, working with children checks, and international travel including to the United States. In appropriate circumstances your lawyer can make submissions requesting that no conviction be recorded.
Can I drive at all while disqualified?
No. Driving while disqualified is a serious criminal offence in Queensland carrying its own penalties, including further disqualification and potential imprisonment. If you need to drive for work, speak to a lawyer about a work licence application before getting behind the wheel.
What if I refused to provide a breath or blood specimen?
Failing or refusing to provide a specimen is a separate offence under Queensland law and carries penalties comparable to high range drink driving. It does not avoid prosecution. See our page on failing to provide a specimen of breath for more detail.
How long does a drink driving matter take to finalise in Cairns?
Most matters in the Cairns Magistrates Court are finalised within 1 – 12 weeks of the charge, depending on the court’s list and whether the matter is contested. Your lawyer can advise on the likely timeframe for your specific situation.
Is there any way to avoid the interlock condition?
In limited circumstances an exemption can be sought, for example where you do not own or have access to a vehicle, or for certain medical reasons. The Queensland Government’s interlock exemption process sets out the criteria. Our team regularly assists clients with interlock exemption applications.
Charged with high range drink driving in QLD? Call MB & Co Lawyers on 07 4035 8300 or contact us online. The earlier you get advice, the stronger your position at sentencing.