How to avoid a DUI conviction in Queensland: section 12
In this Queensland section 12 no conviction video, Boorman Lawyers explains how to avoid a DUI conviction in Queensland: how a person charged with a drink or drug driving offence may be able to avoid having a conviction recorded. Josh Boorman explains that if a person goes to court for a drink or drug driving offence, it is likely that the court will record a conviction.
However, section 12 of the Penalties and Sentences Act 1992 gives the court a discretionary power to decide whether or not to record a conviction for a criminal offence in Queensland. For drink or drug driving matters, and other serious traffic matters, the court takes a number of issues into account in deciding whether to record a conviction.
The nature of the offence
Our lawyer says one of the primary issues is the nature of the offence, or how serious it is. For a drink driving offence, that includes how high the reading is: the higher the reading, the harder it will be to obtain no conviction.
Other aggravating factors also matter, such as a vehicle crash, injury to other people, the number of people put at risk and the manner of driving. Josh explains that these are dealt with case by case and taken into account as part of what is called the objective seriousness of the offence. The more serious the offence, the harder it will be to persuade the court not to record a conviction.
Character and age
The court will also have regard to the person’s character. Our lawyer explains that previous convictions for criminal or serious traffic offences are a major consideration. If a person has a poor traffic record and prior offences of a similar nature, even where convictions were not recorded before, it can show a pattern of reoffending. At some point, the court may decide that the person’s character is not good enough to justify not recording a conviction.
Age is also relevant. Josh gives the example of a young offender with a whole lifetime ahead of them, and aspirations for a career or future employment that a conviction could affect.
Economic and social wellbeing
The court also considers how a conviction could affect a person’s economic or social wellbeing now, or their prospects of employment in the future. Our lawyer notes that the nature of the offence, the person’s character and their age are largely outside a lawyer’s control. What can be worked on is the evidence showing how a recorded conviction would affect the person’s ability to earn an income or their social wellbeing, or would cause significant hardship.
He says this usually means obtaining references, employment contracts and other documentation. Many professional industries, such as finance, banking, law, medicine and accounting, have regulatory bodies that carry out character tests and require mandatory criminal background checks before people are employed or registered. He adds that a conviction could also affect prospects in trades, construction and other industries that rely on contracts, noting that governments can be reluctant to award contracts where people involved have criminal convictions.
Key points from this Queensland section 12 no conviction video
Josh’s message is that section 12 gives the court a discretion, and that each matter is decided case by case. The aim is to gather and present evidence showing the court how a recorded conviction would affect the person, alongside the other factors the court must consider.
Key general information (QLD)
General information only, not legal advice, as at October 2026. Every case turns on its own facts.
- Section 12 of the Penalties and Sentences Act: Not recording a conviction does not stop the court from making any other order it may make because of the conviction, so other penalties, such as a licence disqualification, can still apply.
- Drink driving offences: In Queensland, drink driving offences are set out in the Transport Operations (Road Use Management) Act 1995 (Qld).
- Drug driving offences: If another drug driving charge is already pending, the licence is suspended immediately until the court date.
- The broad penalty picture: TMR describes a 24-hour suspension where the reading is under 0.10, and an immediate suspension, lasting until the charge is dealt with, for mid and high range charges and some other situations.
- The court process: Drink and drug driving charges in Queensland are dealt with in the Magistrates Court.
Further reading and related videos
Boorman Lawyers has more on avoiding a conviction for drink driving in Queensland, Queensland drink driving penalties and the Traffic Offender Program in Queensland. Its Queensland DUI site covers drink driving matters across Queensland.
On this site, see an Ipswich case with no conviction recorded, a Brisbane drink driving case and Josh’s explainer on low range drink driving, or browse all Queensland and drink driving videos.
For people who are preparing to plead guilty without a lawyer, the DIY DUI QLD plea program covers the plea process. (DIY DUI is a self-help program for people preparing their own guilty plea. It is not legal representation and is not part of Boorman Lawyers.)
Read the video transcript
Today in this video I want to talk to you about how to avoid a conviction being recorded against your name for a drink or drug driving offence in Queensland so in Queensland uh usually if you go to court uh for a drink or drug driving offence is likely that the court will record a conviction against your name for this particular offence however under section 12 of the Penalties and Sentences Act 1992 this particular section of the Act does offer the court a discretionary power whether or not to record a conviction for a particular criminal offence in Queensland uh in relation to drink or drug driving matters uh or other serious traffic matters or offences before the court there are a number of issues that the court will take into account in deciding whether or whether or not to record a conviction against an offender's name
So uh some of the primary or almost important issues that the court will first consider is the nature of the offence so how serious the particular offence is so for example for a drink driving offence how high the blood alcohol reading is the higher the reading the harder it it will be to obtain and no conviction recorded against your name so that's one particular issue if there's other any other significant aggravating factors involved in your particular offence such as a vehicle crash injury to other people the number of people that have been put at risk your manner of driving a whole range of factors which will be dealt with on a case-by-case basis will be taken into account uh in relation to the nature of the offence or what they call the objective seriousness of the offence
So the more serious the offence is the harder it will be to persuade the court to not record a conviction against your name the other uh issues which the court will certainly have regard to is the character of the offender so if a person has previously got convictions for criminal or serious traffic offences against their name well this will be a major consideration that the court will take into account uh in dealing with them under section 12 of the penalties
Sentences acts act which uh gives them the power to record a conviction or not against a person so um if a person's got a terrible traffic record and it is a drink or drug driving matter and they've got prior offences of a similar nature um even if they haven't received convictions in the past then it does will show the court that there is a pattern of reoffending uh and it will come to a point where the court will just say listen your character's not good enough to warrant uh the court not not recording a conviction against your name
So a person's character is something that will certainly come into play uh when the court considers this particular issue a person's age will also come into effect so if you've got a young offender who has a whole lifetime ahead of them uh and and prospects of and aspirations of a career or or future employment where a conviction could affect them going forward in the future that will be taken into account uh in in relation to this particular matter
So then following on from that um the the nature of the offence the person's character and age the court will also consider uh other issues surrounding how a uh conviction could impact a person's economic or social well-being at the present time or their future prospects of employment going forward into the future so a lot of that comes down to your lawyer to be able to ask those questions and to prepare a case to present to the court to try
Persuade the court how a conviction could impact the offender certainly uh the first issues we looked at surrounding the nature of the offence the objective seriousness of it um the the person's character and age these are issues which are not really in our control to manipulate or change or persuade the court on certainly we can and try and persuade the court that uh these um particular issues um to warrant a person to be considered for a no conviction
But more importantly the issues that we do have more control on is being able to obtain evidence to prove to the court how a conviction being recorded would impact a person's ability to earn an income uh either now or into the future um or the person's social well-being whether a uh recording of a conviction could bring upon significant hardship upon the person what we usually do is try and obtain references um employment contracts uh any other sort of documentation or evidence that would provide the court with the information
Evidence to show that a uh recording of a conviction uh is considered a detriment to them so uh in certain industries there is mandatory criminal background checks in I know professional industries such as finance banking the legal industry medical industry accounting a lot of professional industries do have a regulatory body in place to do character tests upon people before they're employed or registered within those industries and they will require mandatory criminal background checks to be uh conducted
And and certainly a recording of a conviction could uh certainly affect a person's prospects of employment other industries such as trade industries construction many other industries that do source out contracts government contracts I do know that uh governments are reluctant to hand out contracts and and have employees uh involved in those projects or contracts if they have got uh criminal convictions recorded on their history um so these are all evident uh issues of evidence that we need to bring up collate together present to the court to show the court that the recording of a conviction could have significant impacts on a person's ability to earn an income or their social well-being
Now or into the future um so these are certainly uh questions that we need to ask evidence that we need to prepare and uh present presented to the court in relation to asking and requesting and persuading the court to deal with this matter or your matter under a a section 12 of the Penalties and Sentences Act which as I've mentioned earlier it does give the court the discretion to or not to record a conviction against a person's name as mentioned all these matters are dealt with on a case-by-case basis.
General information only, based on Queensland law at the time of filming. Not legal advice — every case turns on its own facts. Past results don't guarantee future outcomes.
