QLD law Drink driving

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

Jurisdiction
Queensland
Court
Not a court case (explainer video)
Charges
Explainer: mid range drink driving in Queensland (0.100 to 0.149)
Outcome
Not applicable (explainer video).
Filmed
April 2022

Summary

Josh Boorman explains Queensland's mid range drink driving category, which covers readings from 0.100 to 0.149. 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 section 87 work licence.

Key takeaways

  • Mid range in Queensland covers readings from 0.100 to 0.149.
  • Josh says a first offence carries up to 6 months in prison and 3 to 12 months off the road.
  • For a second offence within 5 years, he says the maximum disqualification rises to 18 months.
  • For a third offence, he describes up to 9 months in prison and 3 to 18 months off the road.
  • A first-time mid range offender may be able to apply for a work licence if eligible.

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

In this Queensland mid range drink driving penalties video, Josh Boorman of Boorman Lawyers explains the penalties and the mid range category. He describes it as a blood alcohol concentration reading from 0.100 through to 0.149. In other words, anything at or above 0.100 but below 0.150 falls into the mid range category.

Josh explains that whether an offence counts as a first, second or third offence depends on what has happened in the previous five years. A first offence means the person has no prior drink driving convictions within the last five years.

A first offence

For a first mid range offence, Josh says the maximum penalty is up to six months in prison, with a financial penalty of 20 penalty units. He notes that, depending on the seriousness of the matter, most first-time offenders will not be at risk of going to jail. But the power is there. The maximum penalty includes time in prison, and he stresses that drink driving is treated as a serious matter, both in the eyes of the community and by the court.

On licence disqualification, Josh explains that a first mid range offence carries a disqualification of anywhere between three and 12 months. Three months is the absolute minimum, and 12 months is the maximum.

A second offence

Josh describes a second offence as one where there is one prior drink driving or major traffic offence in the last five years. He says the court can impose up to six months in prison or 20 penalty units. The minimum disqualification is still three months, but the maximum increases to 18 months off the road.

A third offence

Where a person has two prior drink driving offences in the last five years, Josh says the offence is treated as a third offence. The court can impose a maximum term of imprisonment of nine months, and he refers to a penalty of 28 penalty units. The disqualification range is the same as for a second offence: a minimum of three months and a maximum of 18 months.

Josh emphasises that every matter is dealt with case by case. A person’s traffic record is a significant consideration when the court decides how long the disqualification should be.

Work licences for first-time mid range offenders

Josh explains that if it is a first mid range offence, with no priors in the last five years and no prior licence suspensions of any sort, it may be possible to apply for a section 87 work licence. He notes there are strict eligibility criteria that have to be met. For a person who needs to drive for work, he says it may be something worth finding out more about, and he mentions a separate video on section 87 work licence applications.

Key points from this Queensland mid range drink driving penalties video

Josh’s message is that a mid range offence is a serious charge in Queensland. The maximum penalties include imprisonment, the disqualification ranges grow for repeat offending within five years, and a work licence is only an option for people who meet the strict eligibility rules.

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 0.10 or more but under 0.15, TMR lists a licence disqualification of 3 to 12 months and a maximum term of imprisonment of 6 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, work licences after drink driving and Queensland alcohol interlock laws. Its Queensland DUI site covers drink driving matters across Queensland.

On this site, see Josh’s explainers on low range drink driving, high range drink driving and how to apply for a work licence, 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

What is a mid range reading in Queensland?

Josh explains that it is a reading from 0.100 up to 0.149. TMR describes the middle alcohol limit as 0.10 or more, and the high alcohol limit as 0.15 or more.

What disqualification applies to a first mid range offence?

Josh says it is anywhere between three and 12 months, with three months as the absolute minimum. TMR also lists a disqualification of 3 to 12 months for a first offence at 0.10 or more but under 0.15.

What changes for a second or third offence?

Josh says the minimum disqualification stays at three months, but the maximum increases to 18 months. For a third offence within five years, he says the maximum term of imprisonment rises to nine months.

Can a first-time mid range offender get a work licence?

Josh says it may be possible where there are no priors and no licence suspensions of any sort in the last five years, but strict eligibility criteria apply. TMR lists a reading of 0.15 or more as one of the circumstances that rules a person out.

Is a licence suspended straight away for a mid range charge in Queensland?

TMR says a mid or high range charge (0.10 and over) leads to an immediate licence suspension, which ends when the charge is dealt with by the court, withdrawn or discontinued.

Who has to do the interlock program in Queensland?

According to TMR, people convicted of high-risk drink driving offences, which include driving at 0.10 or more, driving under the influence, failing to provide a specimen, dangerous driving while affected by alcohol, and two or more drink driving offences within five years.

Read the video transcript

Hi, Josh here from Boorman Lawyers, and today's video I want to talk to you about mid-range drink driving offences in Queensland. Um A mid-range drink driving offence is where an offender has recorded blood alcohol concentration reading of between .100 through to .149. So, anything below .150 but above or at .100 and above is categorised as the mid-range drink driving category. Um so, in Queensland, um for a person who has been charged with a first offence mid-range drink driving offence, that means that they have no prior drink driving convictions within the last 5 years.

It's a first it will it will be categorised as a first offence. Um then there is a maximum jail and imprisonment period of anywhere up to 6 months in prison and 20 penalty units as a financial or monetary penalty. Um in relation to I mean, most of the time, uh depending on the seriousness of the matter, but most of the time for a first range uh first time offender, uh they won't be at risk of going to jail. But certainly, there is that power there.

The maximum penalty does include time in prison. So, it it is um a serious matter and uh in the eyes of the community and the court. And certainly, the court does have at its disposal um the ability to jail people for drink driving offences. Um in relation to a first offence of mid-range drink driving, um the disqualification period is anywhere between 3 months through to 12 months. So, 3 months being the absolute minimum. 12 months is the maximum period. Um for a second offence of middle range drink driving in Queensland, that means that there is one prior drink driving or major traffic offence in the last 5 years, imprisoned someone um up to 6 months or 20 penalty units, and the disqualification period is still the minimum of 3 months, but they've increased the maximum up to 18 months off the road.

For a third offence of middle range drink driving, um where a person has two prior drink driving offences in the last 5 years, this will be considered a third offence, then the court can issue a maximum term of imprisonment of 9 months in jail and mandatory penalty of 28 penalty units. Um in relation to a disqualification period, it's the same range as a second offence. The minimum period is 3 months, but the maximum period is 18 months. But uh as mentioned, every matter is dealt with on a case-by-case basis, uh and certainly a person's traffic record will come into significant um consideration when determining how long an offender is um to serve uh a disqualification period off the road.

Um when it comes to middle range drink driving, if it's a first offence with no priors in the last 5 years, no um prior suspensions of licence of any sort, um then it may may be possible for a first-time middle range drink driving offender to apply for a section 87 work licence. Um again, there is a strict eligibility criteria that would have to be passed, um but um uh certainly that might be um if you do need to drive for work and you are first-time mid-range drink driving offender, then and um that might be something you want to consider and find out some more information on.

There's another video relating to section 87 work licence applications, which you can check out.

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.