Repeat Drink Driving in Queensland — Second or Third Offence
Drink Driving — 2026-06-20 — by Sacha Sarah Smith, Civic Law
Charged with a second or third drink driving offence in Queensland? The penalties escalate, the options narrow, and the court's approach changes.
You have been charged with <a href="/drink-driving-lawyer-cairns">drink driving</a> and this is not your first time. The penalties for a second or third offence are significantly higher than for a first offence. The court treats a repeat drink driving charge as a person who has already been given one chance — and did not take it.
This article sets out what changes on a repeat offence, what the maximum penalties are, and what you can do to get the best available outcome.
The Five-Year Window
Whether a drink driving charge is treated as a repeat offence depends on one thing: whether you have a prior conviction within the preceding five years. That period is measured from the date of your last conviction — not the date of the offence.
If your prior conviction was six years ago, this charge is treated as a first offence for penalty purposes. If it was four years ago, it is treated as a repeat offence — even if today's reading is lower than the first one. If you are unsure whether your prior conviction falls inside or outside the five-year window, that is one of the first things Sacha will check.
Understanding the BAC Ranges
The penalties for drink driving depend on where your blood alcohol concentration (BAC) falls. Queensland law divides readings into three ranges:
<strong>General alcohol limit (BAC 0.05 to under 0.10).</strong> This is the lowest range. A first offence carries a maximum of 14 penalty units and up to 3 months imprisonment under section 79(2) of the <em>Transport Operations (Road Use Management) Act 1995</em> (Qld).
<strong>Middle alcohol limit (BAC 0.10 to under 0.15).</strong> A first offence carries a maximum of 20 penalty units and up to 6 months under section 79(1F).
<strong>High range (BAC 0.15 and above).</strong> At this level, section 79(3) creates a conclusive presumption that you were driving under the influence. This is the most serious category. A first offence carries a maximum of 28 penalty units and up to 9 months under section 79(1). <a href="/work-licence-eligibility">Work licences</a> are not available for this range.
Each range has different maximum penalties, different disqualification periods, and different consequences on a repeat offence. Where your reading sits determines what you are facing.
Second Offence — What Changes
A second drink driving conviction within five years changes the penalties across the board:
<strong>Maximum penalties increase.</strong> At the general alcohol limit (BAC 0.05–0.10), the maximum goes from 14 penalty units / 3 months imprisonment (first offence under section 79(2)) to 20 penalty units / 6 months imprisonment (second offence under section 79(2F)). At the middle alcohol limit (BAC 0.10–0.15), the first offence maximum is 20 penalty units / 6 months. A second offence carries a higher maximum again. For high-range readings (BAC 0.15+), the first offence maximum is 28…
<strong><a href="/articles/will-i-lose-my-licence-for-drink-driving-in-queensland">Disqualification periods</a> increase.</strong> A first offence at the general alcohol limit carries a minimum disqualification of 1 month. A second offence in the lower ranges carries a minimum of 3 months and a maximum of 18 months under section 86(2B). If the second offence is a high-range charge (BAC 0.15+), the absolute disqualification is 6 months — the court cannot reduce it.