QLD law Drink driving

Queensland Low Range Drink Driving Penalties Video: First, Second and Third Offences (QLD)

Jurisdiction
Queensland
Court
Not a court case (explainer video)
Charges
Explainer: low range drink driving in Queensland (0.050 to under 0.100 on an open licence)
Outcome
Not applicable (explainer video).
Filmed
April 2022

Summary

Josh Boorman explains Queensland's low range drink driving category for open licence holders, from 0.050 up to under 0.100. He sets out the penalties he describes for first, second and third offences within five years, and explains when a first-time offender may be able to apply for a work licence.

Key takeaways

  • For an open licence, Josh says low range runs from 0.050 to under 0.100.
  • He says a first offence carries up to 3 months in prison and 1 to 9 months off the road.
  • The court must disqualify the licence on a plea or finding of guilty.
  • For a second or third offence within 5 years, he says the disqualification is 3 to 18 months.
  • A first-time low range offender may be able to apply for a work licence if eligible.

What counts as low range: Queensland low range drink driving penalties

In this Queensland low range drink driving penalties video, Josh Boorman of Boorman Lawyers explains the penalties and the low range category. For a person on a full open licence, he says the limit is 0.050. A reading at that level or higher, but less than 0.100, puts the person into the low range category. (The captions give the lower figure as “0.00”; this is marked as unclear in the stored transcript.)

Josh warns that many people think a low range offence is just a slap on the wrist, maybe with some time off the road. He says it is no joke: drink driving in Queensland carries a possible maximum penalty that includes prison time.

A first offence

For a first low range offence, Josh says the maximum penalty is three months in prison and/or a financial penalty of 14 penalty units. He notes that prison does not generally happen for most cases. Every case is dealt with on its own facts, the court will always look for other penalties and avenues, and prison is a penalty of last resort. But the maximum is there.

On a finding or plea of guilty, Josh explains that the court is obliged to disqualify the person’s licence. For a first low range offence, he says the disqualification can be anywhere from one month, which is the minimum the court can give, through to nine months.

A second offence

If a person is charged with a low range offence and it is their second offence within the last five years, Josh says the maximum penalty is six months in prison or a financial penalty of 20 penalty units. The disqualification period also increases. He says the minimum becomes three months and the maximum 18 months.

A third offence

Where a person has two prior drink driving convictions in the last five years, Josh says a further low range offence is treated as a third offence. He describes a maximum penalty of nine months’ imprisonment and a maximum of 28 penalty units. The disqualification period is still anywhere between three months and 18 months.

He stresses that each matter is dealt with case by case. The person’s history, the facts and their character are all things the court considers when deciding what penalty to hand down.

Work licences for first-time low range offenders

Josh explains that if a person has been charged with a first low range offence and has had no prior suspensions or disqualifications in the last five years, they may be eligible to apply for a section 87 work licence. He points out that there are a number of strict eligibility criteria, and that it is important to know whether a person is eligible before going down that path. He covers the application process in another video.

Key points from this Queensland low range drink driving penalties video

Josh’s message is that a low range charge is more serious than many people assume. The court must disqualify the licence, the maximum penalties include imprisonment, and the consequences increase for a second or third offence within five years.

Key general information (QLD)

General information only, not legal advice, as at October 2026. Every case turns on its own facts.

  • Alcohol limits: Queensland’s drink driving offences are set out in the Transport Operations (Road Use Management) Act 1995 (Qld). Separate charges also exist for driving under the influence of liquor or a drug, and for failing to provide a breath or blood specimen.
  • What TMR says about penalties: For a first offence at 0.05 or more but under 0.10, TMR lists a maximum term of imprisonment of 3 months (as at October 2026).
  • Alcohol interlocks: According to TMR, the Alcohol Ignition Interlock Program applies to people convicted of “high-risk” drink driving offences.
  • Work licences: Queensland has a “restricted licence”, commonly called a work licence, under section 87 of the Transport Operations (Road Use Management) Act 1995.

Further reading and related videos

Boorman Lawyers has more on Queensland drink driving penalties, avoiding a conviction for drink driving in Queensland and work licences after drink driving. Its Queensland DUI site covers drink driving matters across Queensland.

On this site, see Josh’s explainer on mid range drink driving, an Ipswich low range case and a Bundaberg low range case, 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.)

Frequently asked questions

Is a low range offence just a slap on the wrist in Queensland?

Josh says no. A first low range offence carries a maximum of three months in prison, and the court must disqualify the licence. TMR also lists a maximum of 3 months’ imprisonment for a first offence at 0.05 or more but under 0.10.

How long is the disqualification for a first low range offence?

Josh says it can be anywhere from one month, the minimum the court can give, to nine months.

What happens for a second or third low range offence?

Josh says the minimum disqualification rises to three months and the maximum to 18 months. He describes a maximum of six months’ imprisonment for a second offence and nine months for a third.

Can a low range offender get a work licence?

Josh says a first-time low range offender with no prior suspensions or disqualifications in the last five years may be eligible to apply for a section 87 work licence, subject to strict criteria.

What are the alcohol limits in Queensland?

As at October 2026, TMR describes four limits: a no-alcohol limit for learner, provisional, probationary and restricted licence holders and drivers of certain vehicles; the general limit of 0.05; the middle limit of 0.10; and the high limit of 0.15.

Read the video transcript

Hi, it's Josh here from Boorman Lawyers today in this video I want to talk to you about the category of low-range drink driving in Queensland so when it comes to low-range driving in Queensland this means where a person on a full open licence they have a blood alcohol limit of 0.050 if they record a blood alcohol reading of [unclear: '0.00' in the captions] or higher but less than 0.100 then they will be put into the low range category now when it comes to penalties in relation to a low-range drink-driving offence in Queensland the maximum penalty for this particular offence can carry three months in prison

So it is no joke uh drink driving especially in Queensland a low range drink driving offence everyone thinks it's just a slap on the wrist maybe serve some time off the road but there is a there is a possibility there is a maximum penalty there of prison time now it doesn't generally happen for most cases but every case is dealt with on a case-by-case basis and a lot of different factors will come into play certainly the court will always look for other penalties

Other avenues and use prison as a penalty of last resort um but let it be known that drink driving a low range drink driving as a first offence does have a maximum um penalty of three months in prison uh and or and a um a monetary financial penalty of 14 penalty units upon finding a finding or a plea of guilty for low-range drink driving then the court is obligated to disqualify a an offender's driver's licence for anywhere between one month which is the minimum period they can do they can't give any less than that

So one month is the minimum right through to nine months being the maximum period for a low range drink drive on a first offence now if you've been charged with low range drink drive and you've got a second offence within the last five years then the maximum penalty that a court can issue for an offender charge with a low range drink drive as a second offence is six months in prison or a penalty financial penalty of 20 penalty units in relation to the period of disqualification for low range drink drive clusters or categorised as a second offence then the disqualification period is increased the minimum period is three months

The maximum period is 18 months for a uh low range drink drive which is categorised as a third offence in the last five years if you've got two prior drink drive convictions in a fight last five years then this will be considered a third uh drink driving offence and if it's a low range one a third within the last five years then the prison maximum prison maximum penalty is imprisonment for a period of nine months and a maximum penalty of 28 penalty units if it is a third low range drink drive for a person then the disqualification period is still anywhere between three months through to 18 months

Obviously each matter is dealt with on a case-by-case basis in relation to the history the facts the character all sorts of issues which will come into play for the court to consider when considering what sort of penalty to hand down now if a person has been charged with a low range drink driving offence and it is their first offence they've got no prior suspensions or disqualifications in the last five years they may be eligible to apply for a section 87 work licence there are some more details that we go through in relation to applying for a work licence in one of our other videos so look out for that video if you would like to apply for a work licence because there are a number of strict eligibility criteria involved and you certainly want to make sure that you know you are eligible to apply before before going down that rabbit hole um so that's today's video really encompassed uh first second and third offences of low range drink driving in Queensland and what sort of penalties can apply to those particular categories.

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.