Drink Driving Lawyers Gold Coast.
What a drink driving or DUI charge means in Queensland: the penalties, how long you can lose your licence, whether a work licence is open to you, and what happens at Southport or Coolangatta Magistrates Court. Fraser Lawyers acts for drivers across the Gold Coast.
A drink driving charge on the Gold Coast is dealt with in the Magistrates Court, and for most people the real worry is not the fine. It is how long they will be off the road, whether they will have a criminal record, and whether they can keep driving for work.
This page explains how drink driving and DUI charges work in Queensland: the offences and what each one means, the penalties and disqualification periods set by the Transport Operations (Road Use Management) Act 1995 (Qld), which court your matter is heard in, and the options that may be open to you, including a work licence. It is general information about Queensland law, not advice about a particular case.
Fraser Lawyers is a Bundall firm and appears in the Queensland Magistrates Courts for drivers charged across the Gold Coast.
What we help with
Fraser Lawyers acts on the full range of drink and drug driving charges in the Magistrates Court, including:
- Matter
- What it usually involves
- Low range drink driving
- A reading of 0.05 to under 0.10, over the general alcohol limit.
- Mid range drink driving
- A reading of 0.10 to under 0.15, over the middle alcohol limit.
- High range drink driving
- A reading of 0.15 or more, over the high alcohol limit.
- Driving under the influence
- UIL: being under the influence of alcohol or a drug. The most serious alcohol charge.
- Drug driving
- A relevant drug present in your saliva or blood. Covered on our drug driving page.
- Failing to provide a specimen
- Refusing or failing a breath, saliva or blood test. Treated very seriously.
- Learner or provisional drivers
- Any reading over zero if you hold a learner, P1 or P2 licence.
- Driving while disqualified
- Driving after a court disqualification or a licence suspension.
Drug driving is dealt with on our drug driving page, and driving after a disqualification or suspension on our demerits and disqualifications page. Whatever the charge, the two questions that decide your matter are usually the same: what penalty applies, and how long you will be off the road.
What happens after you are charged.
Most drink driving charges follow the same path. You are intercepted, usually at a roadside breath test, and a positive roadside test is followed by a test on an approved instrument at a station. If you are over a limit, you are charged and given a notice to appear, which sets out the charge and your first court date.
The police prepare a short court brief, the QP9, which sets out their version of events, and a certificate of analysis, which records your reading. Those two documents, with your traffic history, drive what happens next.
At the first court date, the mention, you do not have to enter a plea straight away. You can ask for time to get advice and to read the brief. When you are ready, you either plead guilty, in which case the court moves to penalty, or not guilty, in which case the matter is set down to be contested. Getting advice before you decide is the point at which a lawyer makes the most difference.
Drink driving penalties in Queensland.
The maximum penalties and the licence disqualification periods are set by the Transport Operations (Road Use Management) Act 1995 (Qld). The alcohol limits themselves are defined in section 79A, the offences in section 79, and the disqualification periods in section 86.
| Charge | Reading (BAC) | Maximum fine | Maximum imprisonment | Licence disqualification (first offence) |
|---|---|---|---|---|
| Low range | 0.05 to under 0.10 | 14 penalty units | 3 months | 1 to 9 months * |
| Mid range | 0.10 to under 0.15 | 20 penalty units | 6 months | 3 to 12 months |
| High range | 0.15 or more | 28 penalty units | 9 months | 6 months minimum ** |
| Driving under the influence (UIL) | Any level, if affected | 28 penalty units | 9 months | 6 months minimum ** |
| Drug driving (drug present) | Not applicable | 14 penalty units | 3 months | 1 to 9 months * |
* For low range and drug driving, the disqualification is 1 to 9 months if you held an open licence, and 3 to 9 months if you held a learner, provisional or restricted licence, or no licence.
** For high range and UIL, a minimum of 6 months applies with no fixed maximum; the court can disqualify for longer.
A few things matter when you read this table:
- A penalty unit is $166.90 to 30 June 2026, then $172.70 from 1 July 2026, and is indexed each year. Maximum fines are rarely imposed; most matters attract a fine well below the maximum.
- These are first-offence figures. A second drink driving offence within 5 years carries a longer disqualification. For example, a second high range conviction means at least 1 year off the road, and a third at least 2 years. On a third high range or UIL conviction within 5 years, the court must impose a period of imprisonment as part of the penalty (section 79(1C)).
- Refusing or failing to provide a specimen is a separate offence under section 80 and is treated as seriously as high range drink driving.
- The court sets the actual penalty within these limits, having regard to your reading, the circumstances and your traffic history (section 86(2A)). Nothing here is a prediction about any particular case.
Which court will my matter be heard at?
A drink driving charge is heard in the Magistrates Court for the area where the offence happened, in practice the area where you were intercepted. That rule comes from section 139 of the Justices Act 1886 (Qld).
Queensland does not publish a suburb-by-suburb list of which courthouse covers which street, but in practice, on the Gold Coast, drink driving matters are heard at one of two courts:
- Southport Magistrates Court (Cnr Davenport and Hinze Streets, Southport) is the main Gold Coast court and hears matters from the central and northern Gold Coast, including Southport, Surfers Paradise, Main Beach, Labrador, Broadbeach, Benowa, Bundall, Ashmore, Nerang, Carrara, Robina and the northern growth corridor.
- Coolangatta Magistrates Court (136 Musgrave Street, Coolangatta) hears matters from the far southern Gold Coast, including Coolangatta, Kirra, Bilinga, Tugun, Currumbin, Palm Beach and Elanora.
Matters from the far northern boundary near Logan are sometimes listed at Beenleigh. If you are not sure which court your matter is in, it is on your notice to appear, or you can call us and we will tell you. Fraser Lawyers appears at both Southport and Coolangatta.
Can my licence be suspended before court?
Yes, for the more serious charges. Under section 79B of the Transport Operations (Road Use Management) Act 1995 (Qld), your licence is suspended immediately, from the day you are charged, if you are charged with high range or mid range drink driving, with driving under the influence, with failing to provide a specimen, or with a repeat drink or drug driving offence.
That immediate suspension runs until your matter is finished in court. It is separate from, and comes before, any disqualification the court later orders. For low range first offences it usually does not apply, and you can generally keep driving until your court date. If an immediate suspension applies to you, an early application for a replacement work licence may be possible in some cases.
Will I get a criminal record?
Drink driving is a criminal offence, so a conviction can be recorded. But the court has a discretion about whether to record one. Under section 12 of the Penalties and Sentences Act 1992 (Qld), in deciding whether or not to record a conviction the court must have regard to all the circumstances, including the nature of the offence, your character and age, and the effect a recorded conviction would have on your economic or social wellbeing or your chances of finding work.
Whether a conviction is recorded can matter a great deal for some jobs and for travel. It is one of the things worth making submissions about, and it is covered further in our article on whether a DUI is a criminal offence. The disqualification of your licence applies whether or not a conviction is recorded.
The alcohol ignition interlock program.
For the more serious drink driving offences, an interlock condition applies when you return to driving. This affects high range drink driving, driving under the influence, failing to provide a specimen, and repeat drink driving offences.
An interlock is a breath-testing device fitted to your car that stops it starting if it detects alcohol. After your disqualification ends, you must drive only vehicles fitted with an approved interlock for a set period, generally at least 12 months, before you can return to an ordinary licence. The interlock period runs after the disqualification, not during it, so it adds to the total time the offence affects your driving. We explain how the period is calculated when we advise on your matter.
Can I keep driving for work?
In some cases, yes. A work licence, properly called a restricted licence, lets a person who is disqualified keep driving for work during the disqualification. It is applied for under section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld).
A work licence is not available to everyone. In general terms, you must have held an open Queensland licence at the time of the offence, you must not have been over the high alcohol limit, you must not have been driving for work when charged, and you must have a clear recent traffic history. The eligibility rules are strict and the application has to be supported by evidence. Who qualifies, and how the application works, is set out in detail on our work licence page.
Should you plead guilty by post?
For a simple charge it can be tempting to plead guilty by mail and avoid a court appearance. You are allowed to. The risk is what you give up by doing it.
When you plead guilty in writing, no one is at the bar table to put your circumstances to the magistrate: why you need your licence, what a recorded conviction would mean for your work, and why a shorter disqualification is appropriate. The court sets the penalty and the disqualification within the legal range, and a considered plea in person is where that range is argued. It is worth getting advice before you decide to deal with it by post.
Deadlines and risks.
Drink driving matters move quickly, and some of the deadlines are not obvious.
If an immediate suspension applies, it starts the day you are charged, so the clock on your time off the road is already running before your first court date. Your notice to appear has that first date on it, and missing it is itself a problem: the court can suspend your licence for failing to appear.
The most serious avoidable risk is driving while you are suspended or disqualified. It is a separate, more serious offence, it carries its own mandatory disqualification, and it can lead to the car being impounded. If you are suspended, do not drive until your matter is resolved or a work licence is granted. Strict time limits also apply if you want to appeal a conviction or sentence, so get advice promptly.
How Fraser Lawyers acts in these matters.
Fraser Lawyers acts for people charged with drink driving across the Gold Coast, from the first call through to the result in court.
The work usually starts with the brief: we read the QP9 and the certificate of analysis, check that the charge and the reading are made out, and advise you on whether to plead guilty or not guilty. On a guilty plea, the job is to put your circumstances to the court properly: submissions on the length of the disqualification, on whether a conviction should be recorded, and, where you are eligible, an application for a work licence. Where a charge can be contested, we advise on that too.
Blake Fraser handles these matters personally from the Bundall office and appears at Southport and Coolangatta Magistrates Courts. We explain our fees at the start, in writing, before you commit to anything.
Documents to bring.
- Your notice to appear The document the police gave you, with your court date and the charge.
- The QP9, if you have it The short police court brief setting out their version of events.
- Your certificate of analysis The breath or blood reading, if you have a copy.
- Your driver licence details Your current licence, and any older or interstate licences.
- Your traffic history Any earlier drink driving or traffic matters, if you know them.
- Why you need to drive Work, family and medical reasons, relevant to a work licence and to penalty.
- Proof of income and expenses Relevant to the size of any fine the court sets.
- Your account of what happened A short note in your own words, written while it is fresh.
- Character references Any references you have, which can assist on penalty.
The likely path.
Step 1: First call and advice.
We talk through what happened, your reading, your licence and your traffic history, and what the charge means for you. You leave knowing the likely range of penalty and disqualification and what the next step is.
Step 2: The brief and your reading.
We obtain and read the QP9 and the certificate of analysis, and check the charge is properly made out. This is also where we confirm whether a work licence may be open to you.
Step 3: The plea decision.
With the brief in hand, you decide, on advice, whether to plead guilty or not guilty. Most drink driving matters proceed as a plea of guilty on a considered basis, but not all, and the decision is yours.
Step 4: The court date.
On a guilty plea, we appear and make submissions on the disqualification, on whether a conviction should be recorded, and on any work licence application. If the matter is contested, it is set down to be heard.
Step 5: After court.
We explain your disqualification period, when and how a work licence operates if granted, and the interlock requirement if it applies, so you know exactly where you stand with your licence.
Questions we hear often.
Plain-English answers to the questions clients tend to ask. If your question is not here, call us.
Get in touchWill I lose my licence for drink driving?
On a conviction, yes. Disqualification is set by section 86 of the Transport Operations (Road Use Management) Act 1995 (Qld) and applies whether or not a conviction is recorded. How long depends on your reading and your history: a first low range offence on an open licence is 1 to 9 months, mid range is 3 to 12 months, and high range is a minimum of 6 months. A work licence may let you keep driving for work during the disqualification if you are eligible.
How long will I be off the road?
For a first offence: low range, 1 to 9 months on an open licence; mid range, 3 to 12 months; high range or driving under the influence, at least 6 months, with the court able to order longer. A second or third offence within 5 years carries longer minimum periods. The court sets the exact period within the range, having regard to your reading and your traffic history.
Can I get a work licence so I can keep working?
You may be able to. A work licence, or restricted licence, is applied for under section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld). In general you must have held an open licence, not have been over the high alcohol limit, not have been driving for work when charged, and have a clear recent history. The rules are strict and the application needs supporting evidence. Our work licence page explains who qualifies.
Will I get a criminal record?
Drink driving is a criminal offence, but the court has a discretion whether to record a conviction. Under section 12 of the Penalties and Sentences Act 1992 (Qld), the court must consider all the circumstances, including the nature of the offence, your character and age, and the effect a conviction would have on your work and wellbeing. Whether a conviction is recorded is one of the things worth making submissions about.
Can I drive between now and my court date?
It depends on the charge. For high range or mid range drink driving, driving under the influence, failing to provide a specimen, or a repeat offence, your licence is suspended immediately under section 79B from the day you are charged, and you must not drive. For a first low range offence, you can usually keep driving until your matter is dealt with. If you are unsure, check before you drive, because driving while suspended is a serious separate offence.
What is the difference between drink driving and DUI?
People use DUI loosely for any drink driving charge, but in Queensland the limits are defined by your reading: low range (0.05 to under 0.10), mid range (0.10 to under 0.15) and high range (0.15 or more). Driving under the influence, the true UIL charge under section 79(1), is the most serious and does not depend on a specific number; a reading of 0.15 or more is treated by law as being under the influence.
What happens if I refused the breath test?
Failing or refusing to provide a specimen of breath, saliva or blood is a separate offence under section 80 of the Transport Operations (Road Use Management) Act 1995 (Qld). It is treated as seriously as high range drink driving, it triggers an immediate licence suspension, and it carries a substantial disqualification on conviction. If you have been charged with a refusal, get advice early.
Do I have to go to court in person?
You can plead guilty by post for a simple charge, but you give up the chance to have your circumstances put to the magistrate in person, which is where the length of disqualification and whether a conviction is recorded are argued. For most people it is worth getting advice before deciding to deal with a drink driving charge by mail.
Will I need an interlock?
For high range drink driving, driving under the influence, failing to provide a specimen, and repeat offences, yes. After your disqualification ends you must drive only vehicles fitted with an approved alcohol interlock for a set period, generally at least 12 months, before returning to an ordinary licence. The interlock period runs after the disqualification, so it adds to the time the offence affects your driving.
What does a drink driving lawyer cost?
It depends on the charge and on whether you are pleading guilty or contesting the matter. We explain our fees at the start, in writing, before you commit, so there are no surprises. For criminal matters, fees cannot be tied to the result, so you are quoted on the work involved rather than on the outcome.
Do I need a lawyer for a drink driving charge?
You are entitled to represent yourself. A lawyer helps by reading the brief, advising whether to plead guilty or not guilty, and putting your case properly on penalty: the length of the disqualification, whether a conviction should be recorded, and any work licence application. On the more serious charges, and where your licence matters to your livelihood, that can make a real difference to where you end up.
Talk to Fraser Lawyers about your drink driving matter.
A short call or enquiry is the fastest way to understand the penalty you are facing, how long you might be off the road, and whether a work licence is open to you. Fraser Lawyers is at 86 Bundall Road, Bundall, and appears at Southport and Coolangatta Magistrates Courts for drivers across the Gold Coast.
Visit us in Bundall.
Five minutes from Surfers Paradise, ten from Robina. On-site parking. Talk to us about your matter; we will tell you what we think and what the next step is.
- Office86 Bundall Road, Bundall QLD 4217
- Phone(07) 5554 6116
- Email[email protected]
- HoursMonday to Friday, 8:30am to 5:00pm