The short answer
Yes. Driving under the influence (DUI) is a criminal offence in every Australian state and territory, and Queensland is no exception. It sits at the top of the drink and drug driving hierarchy, carries the most serious penalties of any non-fatal traffic offence, and can be recorded on your criminal history.
That short answer hides something important: in Queensland, “DUI” has a precise legal meaning that is narrower than how the term is used in everyday conversation. Many people charged with what they call a “DUI” are actually charged with a different offence within the same Act. Understanding which offence applies matters because the penalties, defences, and long-term consequences differ.
DUI versus drink driving: the terminology
“Drink driving” is a colloquial umbrella term. It covers every offence where alcohol or drugs are involved in the operation of a vehicle. “DUI” is one specific offence within that umbrella.
In Queensland, the relevant Act is the Transport Operations (Road Use Management) Act 1995 (Qld), often shortened to TORUM. Section 79 sets out the offences. Within section 79 there are several distinct charges, escalating in seriousness:
- Driving while a relevant drug is present in saliva or blood
- Driving while over the no-alcohol limit (zero BAC for learners, P-platers, and certain professional drivers)
- Driving while over the general alcohol limit (0.05 and above, but under 0.10)
- Driving while over the middle alcohol limit (0.10 and above, but under 0.15)
- Driving while over the high alcohol limit (0.15 and above)
- Driving under the influence of liquor or a drug, the proper “DUI” charge
The last item is what Queensland law calls a DUI. It applies either when the BAC is 0.15 or higher, or when impairment is so significant that the driver cannot safely control the vehicle, regardless of the BAC reading. A driver impaired by a drug (rather than over a specified limit) is also charged under this provision.
The Queensland legal framework
Three Acts work together when a drink or drug driving charge is laid in Queensland.
The Transport Operations (Road Use Management) Act 1995 (Qld) creates the offences themselves and sets the penalty ranges. The Police Powers and Responsibilities Act 2000 (Qld) gives police the power to require breath, saliva, or blood tests, and to arrest and charge drivers who fail those tests. The Penalties and Sentences Act 1992 (Qld) governs how the court chooses between fines, community-based orders, and imprisonment, and whether to record a conviction.
While each Australian state has its own equivalent legislation, the core structure is similar. There is no single Commonwealth Act covering DUI, which is why advice from a lawyer who practises in your state matters.
The BAC categories at a glance
| Category | BAC range | Who it applies to |
|---|---|---|
| No-alcohol limit | 0.00 to under 0.05 | Learners, P1, P2, heavy vehicle drivers, taxi and rideshare drivers, driving instructors |
| General alcohol limit | 0.05 to under 0.10 | Open licence holders |
| Middle alcohol limit | 0.10 to under 0.15 | Open licence holders |
| High alcohol limit | 0.15 and above | Charged as DUI under section 79 |
| DUI (impairment) | Any BAC | When impairment is observable, regardless of reading |
The first three categories are commonly described as “drink driving” charges. The last two are described as “DUI”. Each carries a mandatory minimum disqualification period that scales with the seriousness of the reading and with any prior history.
What “under the influence” actually means
The phrase “under the influence” is more than a description. It is a specific element of the offence under section 79(1) of TORUM. To prove DUI on this basis, the prosecution must show that the driver’s ability to control a vehicle was so affected by alcohol or a drug that they could not exercise effective control.
Evidence of impairment can include erratic driving, failed roadside coordination tests, observations of police officers, slurred speech, the smell of liquor, and admissions made during the arrest. A high BAC alone is not always required; a person below 0.15 may still be charged with DUI if observable impairment is significant enough.
Drug driving and the “DUI” label
Queensland distinguishes between two drug driving offences:
- Driving with a relevant drug present in saliva or blood. This is a strict liability offence. The prosecution does not need to prove impairment. Detection in a roadside saliva test, confirmed by laboratory analysis, is enough. The relevant drugs are THC (cannabis), MDMA, methamphetamine, and cocaine.
- Driving under the influence of a drug. This is the drug-equivalent of a DUI alcohol charge. The prosecution must show actual impairment. It applies to any drug, including prescription medication, where impairment is established.
The first offence is more common because it is easier to prove. The second offence is more serious and carries higher penalties.
When a DUI shows up on a criminal record
Whether a DUI ends up on your criminal history depends on how the magistrate or judge sentences you under the Penalties and Sentences Act 1992 (Qld). Section 12 of that Act gives the court discretion to record or not record a conviction.
The court considers your character, age, prior history, the nature of the offence, and the impact a recorded conviction would have on your social and economic wellbeing. For a first-time DUI with no aggravating features, a conviction is sometimes not recorded. For repeat offending or for high-range readings, a recorded conviction is more likely.
Even if no conviction is recorded, the offence still appears on your traffic history with the Department of Transport and Main Roads. The conviction record question affects criminal background checks; the traffic history is separate and persistent.
What happens after a charge is laid
The usual sequence after a roadside arrest is:
- Immediate licence suspension. For mid-range, high-range, and DUI charges, an immediate suspension takes effect at the roadside and continues until the matter is finalised in court.
- Notice to Appear or bail. Police will typically release you on a notice to appear at a specified Magistrates Court date.
- First mention. The first court date is usually a mention only. Many people seek legal advice before entering a plea.
- Sentencing or hearing. If a guilty plea is entered, the court hears submissions on penalty. If not guilty, the matter proceeds to a hearing where the prosecution must prove the charge beyond reasonable doubt.
You can apply for a work licence if your BAC was below 0.15 and other criteria are met. The application must be made at the same court that hears the substantive charge, before sentence is passed. For higher-range and DUI charges, an alcohol ignition interlock condition will usually attach to the licence on its return.
Consequences beyond the court
A DUI conviction can affect more than your driving record. Travel to countries with strict entry rules (the United States, Canada, and Japan among others) can be complicated by a recorded conviction. Some employers and licensing bodies require disclosure of all charges, recorded or not. Insurance premiums commonly increase. Professional indemnity, security clearance, and commercial driver applications face heightened scrutiny.
These flow-on effects are part of why the recording of the conviction itself matters as much as the financial penalty. Sentencing submissions on the recording question are often the most consequential part of the hearing.
If you would like to discuss your matter, you can book a consultation or call (07) 5554 6116.
