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 drink driving 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:
General alcohol limit (BAC 0.05 to under 0.10). 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 Transport Operations (Road Use Management) Act 1995 (Qld).
Middle alcohol limit (BAC 0.10 to under 0.15). A first offence carries a maximum of 20 penalty units and up to 6 months under section 79(1F).
High range (BAC 0.15 and above). 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). Work licences 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:
Maximum penalties increase. 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 penalty units / 9 months. A second high-range offence within five years jumps to 60 penalty units / 18 months under section 79(1A).
Disqualification periods increase. 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.
Work licence eligibility is lost. Section 87(5)(c) of the TORUM Act bars a work licence application if you have a prior section 79 conviction within the preceding five years. A second offence inside that window means no work licence — regardless of how much you need your licence for employment. Check your eligibility here .
Imprisonment becomes a real prospect. A first offence at the lower end of the BAC range rarely results in a term of imprisonment. On a second offence, the court considers that you have already been through this process once and did not change your behaviour. That shifts the sentencing range upward.
Vehicle impoundment or forfeiture may apply. Repeat offenders with a BAC of 0.15 or above may have their vehicle impounded or, for subsequent offences, forfeited.
Third Offence — Mandatory Imprisonment
A third high-range drink driving conviction (BAC 0.15 or above) within five years triggers section 79(1C) of the TORUM Act. The court must impose imprisonment — there is no discretion to avoid it. This also applies if the prior convictions include indictable driving offences or dangerous operation of a vehicle under section 328A of the Criminal Code .
The term may be suspended under section 147 of the Penalties and Sentences Act 1992 — and it commonly is for shorter terms — but the imprisonment must be imposed. A wholly suspended sentence means you do not serve time in custody unless you reoffend during the operational period.
For lower-range readings (BAC under 0.15), a third offence does not trigger mandatory imprisonment — but the maximum penalties increase significantly. A third offence at the general alcohol limit carries a maximum of 28 penalty units and 9 months under section 79(2G). If the third offence is at the general limit but you have a prior high-range conviction, the maximum is 30 penalty units and 1 year under section 79(2H). These are serious penalties and imprisonment is a realistic outcome even without the mandatory provision.
The absolute disqualification for a person with two or more prior high-range convictions is 2 years under section 86(1B). At the lower ranges with two or more prior convictions, the absolute minimum is 6 months under section 86(2D).
The Interlock Program
After your disqualification period ends, you may be required to participate in the alcohol ignition interlock program before you can get your licence back. An interlock device is fitted to your vehicle and requires you to provide a breath sample before the engine will start. If alcohol is detected, the vehicle will not start.
The interlock requirement is set by Queensland Transport, not the court. Use our drink driving penalty estimator to check whether the interlock program is likely to apply to your situation. You will be required to participate if any of the following apply:
Your BAC was 0.10 or above
You were charged with driving under the influence (high-range, BAC 0.15+)
You refused to provide a breath or blood specimen
You were convicted of dangerous operation of a vehicle with alcohol involved (section 328A)
You have two or more drink driving offences of any kind within five years
The program runs for a minimum of 12 months — an 8-month learning period followed by a 4-month performance period. If alcohol is detected during the program, or if you miss a service appointment, the clock resets and the program extends.
The cost is approximately $2,600 per year. Concession card holders may be eligible for a 35% reduction.
If you choose not to participate, you cannot drive at all for five years from the end of your disqualification period. There is no middle ground — you either complete the interlock program, or you do not drive for five years.
Driving While Disqualified — The Risk After a Repeat Offence
Repeat offenders face longer disqualification periods, and some people make the decision to drive anyway. That is an offence under section 78 of the TORUM Act. It is treated seriously because it involves defying a court order.
If you were disqualified by a court order — which is what happens after a drink driving conviction — the maximum penalty under section 78(1)(a) is 60 penalty units or 18 months imprisonment. The court must also impose a further disqualification of 2 to 5 years, added on top of any existing disqualification. A second conviction for driving while disqualified does not carry a higher statutory maximum, but the court treats it far more seriously — actual imprisonment becomes the likely outcome, not just a possibility.
If you are disqualified and feeling pressure to drive — for work, for family, for any reason — get advice before you do. The consequences of a disqualified driving conviction on top of a repeat drink driving record are severe. Civic Law can talk through your options.
Criminal Record
None
A recorded conviction for drink driving appears on national police checks and can affect employment, professional registration, visa applications, and blue card or working with children checks. If your work requires a clean record, this is something to raise with your lawyer before the matter is dealt with.
What Helps at Sentence
For a repeat offender, what matters most at sentence is evidence of what has changed since the last conviction:
Completion of a drink driving or alcohol program. In Far North Queensland, the most common program is the Queensland Traffic Offenders Program (QTOP) . A certificate of completion carries weight because it shows active engagement, not just remorse. See our substance use support page for local program options.
Counselling or treatment records. Ongoing sessions with a psychologist or counsellor addressing alcohol use. Bring the records — dates attended, number of sessions, and any treating letter.
A sustained period of abstinence. Supported by evidence — GP records, blood test results, or program attendance — not just assertion.
Employment and family circumstances. A stable employment history and family responsibilities demonstrate that you have things to lose and reasons to change.
Character references. References that speak to recent behaviour and change — not general statements about what a good person you are. A reference from an employer or someone who has seen you address the issue is more useful than a general character letter.
After a second or third offence, the court needs evidence of change, not words. A letter from a GP, a certificate of completion, records from a counselling program — these are what shift a sentencing outcome.
Check Your Position
Use our drink driving penalty estimator to get an indication of your likely outcome. If you need to keep driving for work, check your work licence eligibility — but note that a prior conviction within five years will bar you from applying.
Talk to Civic Law
If you are facing a second or third drink driving charge, the preparation matters more than ever. Civic Law can advise on the realistic range of outcomes for your specific reading and history, what preparation will help, and how to present the matter to get the best available result. Call Sacha directly on 0425 429 458.
Drink Driving — Fixed Fee
Work Licence Application
Dangerous Operation of a Vehicle
Driving While Disqualified