Drink Driving Lawyer
Cairns & Far North Queensland
If you have been charged with drink driving, you are facing a mandatory licence disqualification. That cannot be avoided. What Sacha does between now and your sentencing hearing can however determine how long that disqualification lasts, how large the fine is, and whether a conviction goes on your record.
What a Drink Driving Charge Means in Queensland
Every drink driving conviction in Queensland carries a mandatory licence disqualification. The Magistrates Court has no discretion to waive it. What the court does have discretion over — for most charge categories — is the length of the disqualification, the size of the fine, and whether a conviction is recorded. Your charge category is fixed by your BAC reading at the time of the offence. It cannot be negotiated down. But the sentence within that category is not fixed — and that is where Sacha's work matters. Low range — 0.050 to 0.099 BAC Disqualification of 1 to 9 months (first offence, open licence). Maximum fine of 14 penalty units. Up to 3 months' imprisonment. Your licence is suspended for 24 hours from the time of the reading — after that, you can generally continue driving until the court deals with the matter. A first-time, low-range offender has a realistic prospect of no conviction being recorded. The alcohol ignition interlock program does not apply to first-time low-range offenders. Mid range — 0.100 to 0.149 BAC Disqualification of 3 to 12 months (first offence). Maximum fine of 20 penalty units. Up to 6 months' imprisonment. Your licence is suspended immediately from the time of charge — you cannot drive until the court deals with the matter. The alcohol ignition interlock program applies to all mid-range convictions, regardless of whether it is a first offence. 0.150 BAC and above — deemed DUI A reading of 0.150 or above triggers the conclusive presumption under the TORUM Act — the person is deemed to have been driving under the influence. This is the most serious drink driving charge and carries the most serious consequences of all drink driving charges: mandatory minimum disqualification of 6 months, a maximum fine of 28 penalty units (approximately $4,836), and up to 9 months' imprisonment for a first offence. Immediate suspension applies from the time of charge. A work licence is NOT available — the TORUM Act bars work licence applications for all DUI convictions. The interlock program applies. Zero limit — learner, provisional, and certain professional licence holders Any reading above 0.000 BAC is an offence. Disqualification of 3 to 9 months for learner and provisional licence holders, or 1 to 9 months for drivers of particular vehicles (first offence). No interlock obligation applies to first-time offenders in this category. Repeat offenders — anyone with a prior drink driving conviction within the past 5 years — face longer disqualifications, higher maximum penalties, potential vehicle impoundment, and mandatory participation in the interlock program.
What Actually Decides Your Sentence
The BAC reading sets the range. Sacha determines where in that range the outcome falls. The difference between the minimum and maximum disqualification in your category is significant — and so is whether a conviction is recorded at all. The factors that move a sentence toward the lower end include: Your traffic and criminal history. A first offence with a clean record sits at the bottom of the range. Prior drink driving matters, other traffic offences, or a criminal history push the outcome upward. Sacha will tell you at the first consultation where your history places you. Your employment and licence dependency. If your livelihood depends on holding a licence — trades, deliveries, healthcare, FIFO, remote work — that is relevant to both the disqualification length and whether a work licence application should run alongside the plea. In Cairns and Far North Queensland, where public transport is limited and most people drive to work, the practical consequences of a long disqualification carry genuine weight. Steps taken since the charge. Completing the required drink driving education course, attending counselling, or other proactive steps before the hearing demonstrates engagement and reduces the court's assessment of reoffending risk. Sacha will advise on what is worth doing — and what is not — for your specific charge. Your personal circumstances. Illness, financial hardship, family responsibilities, or the circumstances at the time of the offence are placed before the court as context. They do not change the charge category, but they affect how the court assesses the appropriate penalty. For a full walkthrough of the drink driving court process in Cairns — from the roadside to the hearing — our Cairns drink driving guide covers each step.
Can I Keep Driving? Work Licences in Queensland
This is the first question many clients ask. The answer depends on your charge provision and your driving history — not the BAC reading. A work licence is a restricted driving authority granted by the Magistrates Court under the Transport Operations (Road Use Management) Act 1995 (Qld). It allows you to drive for work purposes during your disqualification period. It does not restore your full licence — it authorises driving to and from work, and during work, while the disqualification is in effect. Your BAC limit on a work licence is zero. You may be eligible if: You are charged with a general alcohol limit offence or middle alcohol limit offence — BAC 0.050 to 0.149 You held a current Queensland open licence at the time of the offence (not learner, provisional, or probationary) You were not driving for work or under a work licence at the time of the offence You have not had a traffic conviction, licence suspension, or cancellation in the past 5 years You genuinely need your licence to earn a living You are not eligible if: You are charged with Driving Under the Influence (DUI) — including where your BAC was 0.150 or above (which triggers the deemed-DUI conclusive presumption) You hold a learner, provisional, or probationary licence You were driving a vehicle requiring a zero BAC limit (heavy vehicle, taxi, rideshare) You have had a relevant traffic matter in the past 5 years The work licence application is made at the same hearing as your drink driving plea — it cannot be applied for later. If granted, it takes effect immediately — you leave court with authority to drive to work. If your offence triggers the interlock program (BAC 0.100 or above), the interlock condition attaches to your work licence. You will need an approved interlock device fitted to any vehicle you drive under the work licence. Work licence applications fail most often because the supporting material is inadequate — not because the applicant was ineligible. Sacha prepares every application as if it will be contested: a properly drafted affidavit, employer evidence that addresses what the court needs to see, and submissions that go directly to the statutory criteria. Eligibility is assessed at the first consultation. If you do not qualify, Sacha will tell you immediately.
Alcohol Ignition Interlock Program
If your offence triggers the interlock program, you will be required to have an approved alcohol ignition interlock device fitted to your vehicle after your disqualification period ends. The interlock prevents the vehicle from starting unless you provide a clean breath sample. It is administered by the Department of Transport and Main Roads — not the court. The interlock program applies if you are convicted of: Drink driving with a BAC of 0.100 or above (mid range and above) — all convictions, first offence or otherwise Driving under the influence of alcohol Failing to provide a specimen of breath or blood Dangerous driving while affected by alcohol Any second or subsequent drink driving offence within 5 years, regardless of BAC level The interlock program does NOT apply to: First-time low-range offenders (BAC 0.050 to 0.099) with no prior drink driving conviction in the past 5 years Drug driving convictions (drug-only, not involving alcohol) What it means in practice: The interlock period is a minimum of 12 months, performance-based — if you fail a breath sample or breach the conditions, the period is extended The estimated cost is approximately $3,000 per vehicle for 12 months, including installation, servicing, and relicensing fees If you choose not to participate in the interlock program, you cannot drive for 5 years after your disqualification period ends — or from the date a work licence is granted If you are granted a work licence and your offence triggers the interlock, the interlock must be fitted to any vehicle you drive under the work licence — including work vehicles Sacha will advise you before your hearing on whether the interlock program applies to your charge and what the practical and cost implications are.
Frequently Asked Questions
Will I lose my licence?
Yes. Every drink driving conviction in Queensland carries a mandatory licence disqualification. The length depends on your BAC range and your history. Sacha's work focuses on achieving the shortest available disqualification and, where appropriate, securing a work licence so you can continue driving for employment.
Can I avoid a conviction being recorded?
The Magistrates Court has discretion in appropriate cases — particularly for first-time, low-range offenders with strong mitigating factors. It becomes less available as the BAC increases. Sacha will tell you honestly whether it is realistic for your charge.
Can I drive while the matter is before the court?
For low-range charges (under 0.100 BAC), your licence is suspended for 24 hours from the time of the reading. After that, you can generally continue driving until the court deals with the matter — unless another drink driving charge is already pending. For mid and high-range charges (0.100 and above), your licence is suspended immediately from the time of charge. You cannot drive until the court deals with the matter.
Will I need an interlock?
If your BAC was 0.100 or above, or this is your second drink driving offence within 5 years, the alcohol ignition interlock program will apply after your disqualification period ends. If your BAC was under 0.100 and this is your first offence, the interlock program does not apply.
How long does a drink driving matter take?
Most drink driving pleas in Cairns are resolved at a single sentencing hearing. From charge to finalisation, most matters take between four and eight weeks.
What about drug driving?
Drug driving charges carry mandatory disqualification. The alcohol ignition interlock program does not apply to drug-only convictions. Sacha handles drug driving matters at the same fixed fee and provides the same level of preparation.
Can I get a work licence if my BAC was 0.150 or above?
No. A BAC of 0.150 or above triggers the conclusive presumption under the TORUM Act — you are deemed to have been driving under the influence. The TORUM Act bars work licence applications for all DUI convictions. A work licence is only available for general alcohol limit charges (BAC 0.050 to 0.099) or middle alcohol limit charges (BAC 0.100 to 0.149). Sacha will confirm your charge provision and advise on your options at the first consultation.
Fixed Fees
- Drink Driving Plea — $2,100
- Work Licence Application — $1,500
- Drug Driving Plea — $2,100
- Licence Disqualification Appeal — $2,200